IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2036 OF 2025 (449(Cr.PC) /

495(BNSS))

BETWEEN: K T YOGESH C/O THIMMACHARI, AGED ABOUT 44 YEARS, R/AT WARD NO. 16, ADLI MANE ROAD, SHIVAJYOTHI KALYANA MANTAPA, SHANTHINAGAR, HASSAN TALUK, HASSAN DISTRICT - 01.

…APPELLANT (BY SRI. PRATHEEP K.C., ADVOCATE)

AND:

STATE OF KARNATAKA BY BELUR POLICE STATION HASSAN DISTRICT Digitally signed by REP. BY ITS LAKSHMINARAYAN N Location: HIGH STATE PUBLIC PROSECUTOR COURT OF KARNATAKA HIGH COURT OF KARNATAKA BANGALORE-01 …RESPONDENT (BY M.R. PATIL, HCGP.)

THIS CRL.A. IS FILED U/S.449(ii) OF CRPC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.03.2025 PASSED BY ADDL. DISTRICT JUDGE FTSC I IN CRL.MISC.NO.243/2025 AND CONSEQUENTLY ALLOW THE APPLICATION FILED U/S.446(3) OF CRPC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

In view of submissions of both the learned Counsel appearing for the parties, the appeal is taken up for final disposal.

2. Appellant has preferred this appeal against the order

28^th March, 2025 passe