Karnataka High Court
CRL.P/8805/2026 of KIRAN D @ KIRAN KUMAR D Vs STATE OF KARNATAKA on 20 July 2026
CNR: KAHC010415112026 NC: 2026:KHC:37163 CRL.P No. 8805 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8805 OF 2026 BETWEEN: KIRAN D @ KIRAN KUMAR D, AGED ABOUT 36 YEARS, S/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8805 OF 2026
BETWEEN:
KIRAN D @ KIRAN KUMAR D,
AGED ABOUT 36 YEARS,
S/O LATE SHINAPPA GOWDA,
R/AT DEVASA,
KOLKEBAIL,
SHISHILA,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 198.
…PETITIONER
(BY SRI. MAHAMMED MUSTHAFA., ADVOCATE)
AND:
1.
STATE OF KARNATAKA,
BY UPPINANGADY P.S.,
REPRESENTED BY S.P.P.,
HIGH COURT CAMPUS,
BENGALURU - 560 001.
2.
PRAVEEN,
AGED ABOUT 28 YEARS,
S/O CHANDAPPA GOWDA,
R/AT ALEKKI HOUSE,
KANIYOOR POST AND VILLAGE,
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
HC-KAR
BELTHANGDY TALUK ,
DAKSHINA KANNADA - 574 217.
…RESPONDENTS
(BY SMT.WAHEEDA M.M., HCGP FOR R1)
THIS CRL.P. IS FILED U/S 482 CR.P.C (U/S 528 BNSS)
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
04.04.2026 AND 04.05.2026 IN SPLIT UP CC.NO.285/2026
ARISING
OUT
OF
CR.NO.88/2024
REGISTERED
BY
UPPINANGADY P.S., FOR THE OFFENCES P/U/S 329(4), 352, 115(2), 118(1), 351(2), 3(5) OF BNS, 2023, PENDING BEFORE
THE
HONBLE
PRL.
SENIOR
CIVIL
JUDGE
AND
JMFC,
BELTHANGADY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
The petitioner is before this Court calling in question the orders dated 04.04.2026 and 04.05.2026 in split up C.C.No.285/2026, registered for the offences punishable under Sections 329(4), 352, 115(2), 118(1), 351(2), 3(5) of BNS, 2023.
HC-KAR
2. Heard Sri.Mahammed Musthafa, learned counsel appearing for the petitioner and Smt.Waheeda M.M., learned HCGP appearing for respondent No.1 and have perused the material on record.
3. In Crl.P.No.3264/2024, this Court on 26.06.2024, had passed the following order:
"3. This Court on 23.04.2024, had passed the following order: “ORDER on I.A.No.1/2024
Considering the submission made by the learned counsel for the petitioner and also having regard to the averments in the affidavit filed in support of the application, the prayer made in I.A.No.1/2024 is granted. Accordingly, I.A.No.1/2024 stands allowed.
Learned High Court Government Pleader is directed to take notice for respondent. List this matter immediately after Summer Vacation, 2024.”
The petitioner filed a special leave to appeal (Crl.) No.6980/2024 before the Apex Court against the aforesaid order on the ground that no interim relief is granted and the matter was only adjourned. The Apex Court by considering the special leave to appeal, on 17.05.2024, passed the following order:
“Application for exemption from filing certified copy of the impugned order is allowed.
The grievance in the petition is that while adjourning the writ petition filed praying for setting aside a non-bailable grant issued by the Criminal Court, without considering the prayer for interim relief, by the impugned order, the learned Judge has simply adjourned the case beyond summer vacation.
HC-KAR
Issue notice returnable on 20th August, 2024.
Liberty is granted to serve the standing counsel for the respondent-State, in addition.
In the meanwhile, the impugned warrant issued against the petitioner shall remained stayed subject to the condition that the petitioner will appear regularly and punctually before the concerned criminal court.
We make it clear that notwithstanding with the pendency of this SLP, the High Court is free to decide the criminal writ petition.”
The Apex Court had directed that the impugned warrant would remain stayed, subject to the condition that the petitioner would appear regularly and punctually, before the concerned Court.
4. Learned counsel for the petitioner undertakes that if this Court fix a date for appearance of the petitioner before the concerned Court, the petitioner would appear as directed by the Apex Court.
5. In the light of the afore-quoted order and the submission, the petitioner shall appear before the concerned Court on 08.07.2024 as directed by the Apex Court and continue to appear regularly as would be directed by the concerned Court, thereafter. Placing the submission on record, I deem it appropriate to dispose the petition, by setting aside the warrant that is hanging on the head of the petitioner.
6. For the aforesaid reasons, the following:
ORDER
a. The criminal petition is allowed.
b. The orders dated 19.02.2024, passed by the XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, (CCH-34), Bengaluru, stands quashed on the aforesaid observations and undertaking.
HC-KAR
c. The petitioner shall appear before the concerned Court on 08.07.2024 and adhere to the directions of the Apex Court as ordered in special leave to appeal (Crl.) No.6980/2024.
Ordered accordingly."
4. Learned counsel for the petitioner undertakes that if this Court fix a date for appearance of the petitioner before the concerned Court, the petitioner would appear on that particular date.
5. In the light of the order of the Apex Court as well as this Court as afore-quoted, I deem it appropriate to dispose the petition, by setting aside the warrant that is hanging on the head of the petitioner.
6. For the aforesaid reasons, the following:
ORDER
[I] The criminal petition is allowed.
[II] The orders dated 04.04.2026 and 04.05.2026 in split up C.C.No.285/2026 (arising out of Crime No.88/2024), passed by the Prl. Senior Civil Judge
HC-KAR
and JMFC, Belthangady, stands quashed on the aforesaid observations and undertaking.
[III] The petitioner shall appear before the concerned Court on 21.08.2026 or 31.08.2026 as the case would be.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 2 Sl No.: 22