Reserved on : 31.01.2026 Pronounced on : 04.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.9937 OF 2024 BETWEEN: XXXXXXXX ... PETITIONER (XXXXXXX, PARTY-IN-PERSON)

AND:

1 . STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER KALASIPLAYA POLICE STATION, BENGALURU – 560 002 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2 . SRI NAGABHUSHAN S/O LATE SRI SEETHARAMAIAH AGED ABOUT 70 YEARS, RESIDING AT NO.H-302 GAANA RIDHI APARTMENTS PADMA UPADHYAYA LAYOUT NAGADEVANAHALLI BENGALURU – 560 056.

MOBILE NO.9880812728 ... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI CHIRANJEEVI K.R., ADVOCATE FOR R-2 )

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO 1.QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.20653/2023 ARISING OUT OF CR.NO.116/2023 FOR THE OFFENCES P/U/S 323, 341, 504, 506 OF IPC INSTITUTED VIDE ORDER DATED 18.08.2023 CURRENTLY PENDING BEFORE THE LEARNED V A.C.J.M BENGALURU CITY ANNEXURE-B; 2.TO DIRECT THE COURT OF THE LEARNED V A.C.J.M BENGALURU CITY TO COMPLETE AND CONCLUDE THE TRIAL IN C.C.NO.20653/2023 EXPEDITIOUSLY WITHIN AN OUTER LIMIT OF 3 MONTHS, IF AT ALL THE PETITIONER FAILS IN SECURING THE AFORESAID RELIEF SOUGHT IN 55(a).

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 31.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner is before this Court calling in question proceedings in C.C.No.20653 of 2023 pending before the V Additional Chief Judicial Magistrate, Bengaluru arising out of crime in Crime No.116 of 2023 registered for offences punishable under Sections 323, 341, 504 and 506 of the IPC.

2. Heard XXXXXXXXX, party-in-person for the petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri Chiranjeevi K.R., learned counsel appearing for respondent No.2.

3. Facts in brief, germane, are as follows: -

3.1. The 2^nd respondent is the complainant. The petitioner is said to be the nephew of the 2^nd respondent. The 2^nd respondent had availed an overdraft facility in the name of his business M/s Tunga Agencies from Syndicate Bank, J.C. Road Branch on 16-08- 1999 to the tune of ₹5,00,000/- by executing an agreement of hypothecation of certain goods and moneys receivable. The co- obligant was one Smt. Vishalamma, the mother of the petitioner. The 2^nd respondent is said to have closed down the business and not paid back the money i.e., the loan that was availed. Recovery proceedings were initiated by the Bank on 27-01-2005 in O.S.No.733 of 2005 both against the borrower and the guarantor for recovery of a sum of about ₹6,00,000/-. Money is not paid despite the settlement arrived at by the parties before the Lok-

Adalat then. 18 years passed by.

3.2. A communication is sent from J.C.Road Branch of Canara Bank, as Syndicate Bank had merged with Canara Bank, that an amount of ₹20,00,000/- is outstanding and has to clear the dues. The petitioner then approaches the Bank to take steps towards settlement of dues, at which point in time, the complainant and the mother of the petitioner, as also the petitioner, had some squabbles. A complaint comes to be registered before the jurisdictional police alleging that on 02-06-2023 at around 4 p.m. the 2^nd respondent who was on his motorcycle had been abused with filthy language, assaulted and was voluntarily restrained by use of criminal force. This becomes a crime in Crime No.116 of 2023. The police conduct investigation and file a charge sheet against the petitioner. The concerned Court then takes cognizance and registers C.C.No.20653 of 2023 against the petitioner.

Registration of criminal case is what has driven the petitioner to this Court in the subject petition.

4. The petitioner who appeared in person would vehemently contend that there are serious i