- 1 - HC-KAR NC: 2026:KHC:3363 CRL.RP No. 1585 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1585 OF 2025 BETWEEN: SRI MANJUNATHA B HOMBALU S/O BASAVARAJAPPA @ BASAVARAJA B.K AGED ABOUT 32 YEARS R/O NO.604/21, NITTUVALLI NEAR SHAKTHI GAS INFRONT OF M/S. ASHA WINE BAR 60 FEET ROAD, SYED PEER BADAVANE DAVANAGERE - 577 002. …PETITIONER (BY SRI REVANNA BELLARY, ADV.) AND: THIMMAPPA U S/O LATE DASAPPA AGED ABOUT 65 YEARS R/AT VINOBANAGAR SHIVAMOGGA - 577 203. …RESPONDENT THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) CR.P.C PRAYING TO SETTING ASIDE THE BOTH ORDERS DATED 05.08.2025 IN CRL.A.NO.23/2025 OF I APPELLATE COURT, PRINCIPAL DISTRICT AND SESSIONS JUDGE COURT, SHIVAMOGGA AND ORDER DATED 28.11.2024 PASSED ON APPLICATION U/S.82(c) OF NI ACT AND SEC.245(2) OF CRPC TO DISCHARGE PETITIONER FOR THE OFFENCE P/US/ 138 OF NI ACT IN C.C.NO.495/2022 ON THE FILE OF THE TRIAL COURT JMFC III SHIVAMOGGA, AND PRAYS FOR DISCHARGE THE PETITIONER/ACCUSED NO.1 IN C.C.NO.495/2022 OF III JMFC COURT, SHIVAMOGGA BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3363 CRL.RP No. 1585 of 2025 ORAL ORDER Learned counsel for the petitioner submits that this petition may be dismissed as not pressed with liberty to file a criminal petition under Section 528 of BNSS, 2023 R/w Section 482 of Cr.P.C, with a prayer to quash the proceedings against the petitioner in C.C.No.495/2022 pending before the Trial Court. 2. The said submission is placed on record. The petition is dismissed as not pressed with liberty as prayed for. 3. In view of disposal of this petition, pending IA's does not survive for consideration. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 53