- 1 - HC-KAR NC: 2026:KHC:20263 CRL.P No. 3770 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3770 OF 2026 BETWEEN: 1. DR. ANIL S. BAIPADITTHAYA AGED ABOUT 48 YEARS, S/O SRINIVASA BAIPADITTHAYA, R/AT NISARGA HOUSE, DARBE, PUTTUR KASABA GRAMA, PUTTUR TALUK-57 DAKSHINA KANNADA 2. MS. BHAVYA AGED ABOUT 30 YEARS, D/O NARAYANA, R/AT BANNURKAMARLA MANE, BANNUR VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA …PETITIONERS (BY SRI. VEERESH M. UPPIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PUTTUR TOWN P.S, REPRESENTED BY, SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. SRI. GANGANDEEP B, AGED ABOUT 35 YEARS, S/O B JANARDHAN BHAT, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20263 CRL.P No. 3770 of 2026 R/AT BANGARADKA HOUSE, ARYAPU VILLAGE AND POST PUTTUR TALUK, DAKSHINA KANNADA …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1 SRI. SHRAVAN MADHAV K.P., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 DATED: 23.02.2025 (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners/accused are before the Court calling in question registration of a crime for the offences punishable under Sections 125 and 200 of the BNS. 2. The allegation against the Doctor is, while conducting surgery had left a cotton swab inside the abdomen and therefore, proceedings were instituted against him. - 3 - HC-KAR NC: 2026:KHC:20263 CRL.P No. 3770 of 2026 3. The learned counsel for the petitioners had contended that it would not amount an offence or negligence, as number of swabs that came to the OT were the same and went out of the OT were the same. Now he submits that petitioners will avail the remedy of filing an application for discharge. Learned counsel for the petitioners submits that both the offences would not get attracted in the case at hand and he may be reserved liberty to urge all the contentions before the concerned Court. 4. In the light of the said submission, petition is disposed of reserving liberty to the petitioners to file discharge application urging all the contentions before the concerned Court. Pending IAs, if any stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 2 Sl No.: 20