Umesh K S Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

Umesh K S Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as withdrawn with liberty reserved to the petitioner to file a discharge application in CC No.2841/2025 before the trial Court, which shall consider the same and pass appropriate orders in accordance with law; all contentions left open.

Issue for consideration

Whether the FIR filed in Crime No.104/2024 by the Chandrashekara Pura Police, Gubbi, under Sections 288, 125(b) of B.N.S. 2023 and Section 3 of the Explosive Substances Act, 1908, against the petitioner, pending before the Addl. Civil Judge and JMFC, Gubbi, Tumakuru District, should be quashed.

Court's answer

The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner to file a discharge application in CC No.2841/2025 before the trial Court; if such an application is filed, the trial Court shall consider the same and pass appropriate orders in accordance with law, subject to which all contentions are left open.

Detailed headnote1 paragraphs

Criminal Petition No. 14782 of 2025 (filed U/S 528 of the B.N.S.S., 2023; tagged 482(Cr.PC)) — Umesh K S v. State of Karnataka (Chandrashekara Pura Police, Gubbi Circle) & Nalina — petitioner sought quashing of the FIR in Crime No.104/2024 registered by the Chandrashekarapura Police, Gubbi, for offences punishable under Sections 288, 125(b) of BNS 2023 and Section 3 of the Explosive Substances Act, 1908, pending before the Addl. Civil Judge and JMFC, Gubbi, Tumakuru District. Counsel submitted that a charge sheet had already been filed and was pending in CC No.2481/2025 before the District and Sessions Judge, Tumakuru, and sought leave to withdraw the petition with liberty to apply for discharge. The Court (S.R. Krishna Kumar J.) disposed of the petition as withdrawn, reserving liberty to file a discharge application in CC No.2841/2025 before the trial Court, directing the trial Court to consider such application and pass appropriate orders in accordance with law, and leaving all contentions open. Decided 30 January 2026.

NC: 2026:KHC:5359 CRL.P No. 14782 of 2025

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

CRIMINAL PETITION NO. 14782 OF 2025 (482(Cr.PC) /

528(BNSS)

BETWEEN:

UMESH K S S/O SIDDARAMU AGE ABOUT 27 YEARS RESIDING AT TUMAKURU KUNIGAL ROAD, NEAR MARUTHI CONVENTION HALL, SADASHIVANAGAR TUMAKURU TALUK - 572227

…PETITIONER

(BY SRI. K K THAYAMMA.,ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

THE STATE OF KARNATAKA CHANDRASHEKARA PURA POLICE

GUBBI CIRCLE,

GUBBI TUMAKURU - 572213 REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE 01.

NALINA W/O SHIVAKUMAR AGE 36 YEARS IDAGURU VILLAGE C S PURA HOBLI GUBBI TALUK - 572213

…RESPONDENTS

(BY SMT. N ANITHA GIRISH, HCGP FOR R1;

2 -

NC: 2026:KHC:5359 CRL.P No. 14782 of 2025

HC-KAR

SRI R MANJUNATH, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 528 OF THE B.N.S.S., 2023 PRAYING TO QUASH THE FIR FILED IN CR.NO.104/2024 BY THE CHANDRASHEKARAPURA POLICE, GUBBI, FOR THE OFFENCES P/U/S 288,125(b) OF BNS, 2023, U/S 3 OF EXPLOSIVE SUBSTANCES ACT, 1908 AGAINST THE PETITIONER, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC, GUBBI, TUMAKURU DISTRICT, AND ETC.,

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition petitioner seeks the following reliefs -

" Wherefore, the petitioner prays that this Hon'ble Court may be pleased to quash the FIR filed in Crime No.104/2024 by the Chandrashekara Pura Police, Gubbi, under Sections 288, 125(b) of B.N.S. 2023 and Section 3 of the Explosive Substances At against the petitioner pending before the Adiditonal Civil Judge and JMFC, Gubbi, Tumakuru District in the interest of justice."

After arguing the matter for sometime learned

counsel for the petitioner submits that since the respondent No.1 - police authorities have already filed a charge sheet which is pending consideration in CC No.2481/2025 pending

3 - NC: 2026:KHC:5359 CRL.P No. 14782 of 2025

HC-KAR

before the District and Sessions Judge, Tumakuru, the present petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to file an application for discharge before the Sessions Court, which may be directed to consider the same and pass appropriate orders in accordance with law.

The submission is placed on record.

Accordingly, the petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner to file a discharge application in CC No.2841/2025 before the trial Court. If such an application is filed, the trial Court shall consider the same and pass appropriate orders in accordance with law. Subject to the aforesaid directions and leaving open all contentions, petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

List No.: 2 Sl No.: 1

YKL