IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 112 OF 2026 BETWEEN:

1. MUDRA DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SHREE, DOOR NO.3-W-6-608/4 MANJUNATH COLONY, KADRI MANGALURU, D.K.DISTRICT - 575 002 REPRESENTED BY ITS PARTNERS PETITIONER NO.2 AND 3.

2. MR. VASUDEV K., S/O SRINIVAS BHAT AGED ABOUT 51 YEARS R/AT 'SHREE'

Digitally signed by SANJEEVINI J DOOR NO.3-W-6-608/4 KARISHETTY MANJUNATH COLONY Location: HIGH COURT OF KADRI, MANGALURU KARNATAKA D.K. DISTRICT - 575 002.

3. DEEPA K. S., W/O VASUDEV AGED ABOUT 43 YEARS R/AT 'SHREE'

DOOR NO.3-W-6-608/4 MANJUNATH COLONY MANGALURU, KADRI D.K. DISTRICT - 575 002.

…PETITIONERS (BY SRI K.RAVISHANKAR, ADVOCATE)

AND:

1. M/S. AASHIRVAD INFRA DEVELOPERS A PARTNERSHIP FIRM HAVING OFFICE AT DOOR NO. 4-8-739/26 SHOP NO.3, 1^ST FLOOR DIVYA ENCLAVE, M.G. ROAD D.K. DISTRICT - 575 002 REPRESENTED BY ITS MANAGING PARTNER MR. P.KRISHNARAJ MAYYA S/O LATE KESHAVA MAYYA.

2. MR. P.KRISHNARAJ MAYYA S/O LATE KESHAVA MAYYA AGED ABOUT 54 YEARS R/AT FLAT 206, MAHARAJA EXCELLENCY HAT HILL, M.G.CROSS ROAD MANGALURU, D.K.DISTRICT - 575 003.

…RESPONDENTS THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)

CR.P.C PRAYING TO ALLOW THE PETITION AND SET ASIDE THE ORDER DATED 04.12.2025 PASSED IN CRL.RP.NO.78/2025 PASSED BY THE III ADDL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU AS AGAINST THE PETITIONERS.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioners - accused 1 to 3 are at the doors of this Court calling in question an order dated 04-12-2025 passed by the III^rd Additional District and Sessions Judge, Dakshina Kannada, Mangalore in Criminal Revision Petition No.78/2025, rejecting the challenge to the order of taking cognizance by the Judicial Magistrate First Class, V Court, Mangalore, Dakshina Kannada, in terms of his order dated 05.02.2025 and registering C.C.No.248/2025.

2. The issue in the lis stands answered by this Court in Crl.P.No.54/2026, disposed on 22.01.2026. The parties and the issue are all very same. The order passed by this Court in Crl.P.No.54/2026 reads as follows:

“6. Before embarking upon consideration of the judgments relied on by the learned counsel appearing for the petitioners, I deem it appropriate to notice the statutory landscape of BNSS. Sections 4, 5, 223 and 531 of BNSS read as follows:

“4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

5. Saving.—Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

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223. Examination of complainant.—(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard:

Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—

(a) if a public servant acting or purp