- 1 - HC-KAR NC: 2026:KHC:1049 CRL.P No. 12552 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV CRIMINAL PETITION NO. 12552 OF 2025 BETWEEN: MR. SURESH GOWDA B. S/O LATE BETTAIAH, AGED ABOUT 59 YEARS, PRESENTLY RESIDING AT NO.220, 2ND CROSS, 3RD CROSS, AECS LAYOUT, SANJAYNAGAR, BANGALORE- 560 094. AS PER AADHAR CARD R/AT SHAKH SOUDA, GODREJ AGROVET, GUBBI HOBLI, TUMKUR TALUK, TUMKUR- 572122. …PETITIONER (BY SRI. ANUSHA B REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH INSPECTOR OF POLICE, GUBBI POLICE STATION, TUMKUR-572139, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1049 CRL.P No. 12552 of 2025 2. MR. PURUSHOTTAM G. AGED ABOUT 45 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, CPI, TILAK PARK CIRCLE, TUMKUR TALUK, TUMKUR-572101. …RESPONDENTS (BY SRI. B.N. JAGADISH, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.PC (FILED U/S.528 OF BNSS) PRAYING TO QUASH THE COMPLAINT AND FIR DATED 31.05.2025 PRODUCED AT ANNEXURE-A AND B PURSUANT THERETO IN CR.NO.200/2025 REGISTERED BY RESPONDENT NO.1 GUBBI POLICE FOR THE OFFICE PUNISHABLE UNDER SECTION 132, 189(2), 190, 352 OF BHARATIYA NYAYA SANHITHA, 2023 AND UNDER SECTION 3 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 PENDING ON THE FILE OF THE HON'BLE ACMM AND CITY CIVIL JUDGE (PRESENTLY KNOWN AS AJCM COURT) (CCH-42) BENGALURU IN SO FAR AS PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2026:KHC:1049 CRL.P No. 12552 of 2025 ORAL ORDER Learned counsel for the petitioner has filed a memo which reads as hereunder: "In view of the fact that the FIR bearing Crime No.200/2025, which is challenged in the present petition, has culminated into C.C.No.49983/2025 upon filing of the charge sheet. WHEREFORE, the Petitioner herein seeks leave of this Hon'ble Court to withdraw the present petition, with liberty to challenge the charge sheet and the consequential proceedings pending before the Trial Court by filing a fresh criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, in the interest of justice." 2. In light of the submission that charge sheet has been filed, liberty is sought for to challenge the charge sheet and consequential proceedings by way of filing a fresh criminal petition. - 4 - HC-KAR NC: 2026:KHC:1049 CRL.P No. 12552 of 2025 3. In light of the same, petition is dismissed. All contentions are kept open. Liberty as sought for is reserved. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR