Karnataka High Court
CRL.P/5232/2026 of SRI.KALYAN KUMAR.M.S, Vs STATE OF KARNATAKA, on 16 July 2026
CNR: KAHC010241472026 NC: 2026:KHC:36563 CRL.P No. 5232 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5232 OF 2026 BETWEEN: 1. SRI. KALYAN KUMAR M.S, S/O LATE SIDDEGOWDA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5232 OF 2026
BETWEEN:
1.
SRI. KALYAN KUMAR M.S,
S/O LATE SIDDEGOWDA,
AGED ABOUT 62 YEARS,
R/AT SULEDEVARAHALLI,
HAGARE POST,
MADIHALLY HOBLI,
BELUR TALUK,
HASAN DISTRICT - 573 216.
2.
SRI. THILAK. M.K,
S/O KALYAN KUMAR,
AGED ABOUT 29 YEARS,
R/AT C/O KALYANAKUMARA,
MADIHALLI HOBLI,
MULENAHALLI,
HAGARE, HASSAN - 573 216.
…PETITIONERS
(BY SRI. MOHITH HEGGADE B, ADVOCATE)
AND:
1.
STATE OF KARNATAKA,
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
HC-KAR
BY HALEBEEDU POLICE STATION,
HASSAN DISTRICT.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2.
SRI. VISHWESHWARA.M.R.
S/O REVANASIDDAYYA,
AGED ABOUT 50 YEARS,
R/O SULADEVARAHALLI VILLAGE,
MADIHALLI HOBLI, BEGUR TALUK,
HASSAN DISTRICT - 573 216.
…RESPONDENTS
(BY SRI. WAHEEDA M.M, HCGP FOR R1;
SRI. CHANDRAKANTH R, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF
C.C.NO.890/2025 (CR.NO.170/2025 OF HALEBEEDU POLICE
STATION) WHICH IS PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC COURT BELUR, HASSAN, FOR THE O/P/U/S
329(3), 351(2), R/W 3(5) OF THE BNS 2023.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The parties to the lis were before this Court in Crl.P.No.11973/2023 and connected matters disposed on 15.07.2026. The issue is with regard to who is in possession of the suit schedule properties. Two suits are pending between the parties, one by the petitioners, the other by the respondent - complainant, both of whom claim to be in possession of the property. Certain inspection has taken place by the authorities or by the Police Department for the purpose of conduct of investigation.
2. In these circumstances, learned counsel appearing for the petitioners would submit that the petitioners would avail the remedy of filing an application for discharge at the appropriate stage, in accordance with law.
3. It is needless to observe that the concerned Court while answering the application seeking discharge, shall also consider the averments that is made in the petition for the resolution of the lis.
HC-KAR
4. Therefore, leaving open all the contentions and reserving liberty to the petitioners to approach this Court in the event the discharge application would not be answered in their favour, the petition stand disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 2 Sl No.: 34