Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:2697 CRL.P No. 200827 of 2025
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO.200827 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN:
1.
SHIVANGOUDA S/O BHIMANAGOUDA BIRADAR, AGE: 41 YEARS, OCC: PRIVATE SERVICE, R/O KESARATI VILAGE, TQ. DEVARHIPPARGI, DIST. VIJAYAPURA-586 115.
2.
BHIMANAGOUDA S/O BASAVANTRAYA BIRADAR, AGE: 66 YEARS, OCC: AGRICULTURE, R/O KESARATI VILAGE, TQ. DEVARHIPPARGI, DIST. VIJAYAPURA.
3.
MALLANNA S/O GURALINGAPPA SHIROOR, AGE: 31 YEARS, OCC: COOLIE, R/O KESARATI VILAGE, TQ. DEVARHIPPARGI, NOW AT BALAGANOOR-586 120.
…PETITIONERS (BY SRI. GURURAJ V HASILKAR, ADVOCATE) AND:
Digitally signed by RENUKA Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:2697 CRL.P No. 200827 of 2025
1.
THE STATE OF KARNATAKA, THROUGH KALKERI POLICE STATION, TQ. SINDAGI DIST. VIJAYAPURA, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585 107.
2.
BASAVARAJ S/O KALYANGOUDA BIRADAR, AGE: 41 YEARS, OCC: PHOTOGRAPHER, R/O KESARATTI, TQ. DEVARHIPPARGI, DIST. VIJAYAPURA. …RESPONDENTS (BY SRI. SHAHABUDDIN JAMADAR, HCGP FOR R1)
THIS CRIMINAL PETITON IS FILED UNDER SECTION 482 OF CR.P.C.(OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO ALLOW THIS PETITION OF THE PETITIONERS AND QUASH THE ENTIRE PROCEEDINGS OF C.C.NO.2225/2023, VIDE CRIME NO.140/2022 OF KALAKERI P.S. SINDAGI, DIST. VIJAYAPURA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 354, 504 AND 506 READ WITH SECTION 34 OF IPC, AGAINST THE PETITIONERS, WHICH IS PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC AT SINDAGI.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K)
This petition is filed under Section 528 of BNSS-2023 i.e., under Section 482 of Cr.P.C. for quashing the proceedings in C.C.No.2225/2023 arising out of Crime
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NC: 2025:KHC-K:2697 CRL.P No. 200827 of 2025
No.140/2022 of Kalakeri Police Station Tq: Sindagi registered against the petitioners for the offences punishable under Sections 341, 323, 354, 504 and 506 read with Section 34 of IPC, pending on the file of Additional Civil Judge (Jr.Dn) and JMFC, at Sindagi. 02. The brief facts of the case are that on 04.102022 at about 08.00 p.m. near Mallayya Temple, when the complainant and his family members were gathered near the said Temple, the accused persons abused them in filthy language and thereafter, assaulted them. Accordingly, he lodged complaint before the respondent-Police on 11.10.2022. On the strength of the said complaint, FIR came to be registered in Crime No.140/2022 for the aforesaid offences. Being aggrieved by the proceedings pending against the petitioners, they approached this Court to quash the same. 03. I have heard the learned counsel for the petitioners so also the learned High Court Government Pleader for the respondent/Police. - 4 -
NC: 2025:KHC-K:2697 CRL.P No. 200827 of 2025
04. The primary contention of the learned counsel for the petitioners is that there is inordinate delay in lodging the complaint and the respondent/Police failed to recover the weapon, which is said to have been used by the accused for commission of the crime. He also contends that there is inordinate delay in conducting the trial. With these grounds he prays to allow the petition by quashing the proceedings. 05. The above contentions are vehemently opposed by the learned High Court Government Pleader relying on the statement of the victim and the other material witnesses. 06. I have carefully perused the entire material on record. 07. It could be gathered from the records that the incident is of the year 2023 and after a detailed investigation charge-sheet has been filed by the respondent/Police against accused and the case is set for
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NC: 2025:KHC-K:2697 CRL.P No. 200827 of 2025
trial before the trial Court by issuing summons to the witnesses.
In such circumstances, without expressing any opinion on the merits of the case, it is suffice to hold that though the learned counsel for the petitioners has failed to make good grounds to quash the proceedings, nevertheless, learned Magistrate/Trial Court is directed to complete the trial as expeditiously as possible within an outer limit of six months. 08. With above observation, the petition stands
disposed of.
Sd/- (RAJESH RAI K) JUDGE
KJJ, SBS List No.: 1 Sl No.: 33 CT: AK