- 1 - HC-KAR NC: 2025:KHC-K:3285 CRL.P No. 201083 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 201083 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MANIKANTH S/O NARENDRA RATHOD, AGE ABOUT 29 YEARS, OCC: SOCIAL WORK AND BUSINESS, R/O. GURUMITKAL, TQ. GURUMITKAL, DIST. YADGIR-585201. …PETITIONER (BY SRI RAVI BHEEMASINGH CHAWAN, ADVOCATE APPEARED FOR SRI. RATHOD SUBHASCHANDRA DESU, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH CHITTAPUR POLICE STATION, REP-BY-ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND QUASH THE FIR NO.54 OF 2023 OF CHITTAPUR PS AND ORDER OF TAKING COGNIZANCE DATED 15.12.2023 AND ALL FURTHER PROCEEDINGS IN CC NO.4094/2023 FOR THE OFFENCE PUNISHABLE U/SEC. 188 R/W 149 OF IPC AGAINST THE PETITIONER PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT CHITTAPUR. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3285 CRL.P No. 201083 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Ravi Bheemasingh Chawan for Sri Rathod Subhaschandra Desu, learned counsel for the petitioner and Sri Veeranagouda Malipatil, learned High Court Government Pleader. 2. At the outset, learned counsel for the petitioner submits that in respect of accused No.3, this Court in Crl.P.No. 201091/2024 by the Order dated 01.10.2024 set-aside the Order of taking cognizance in C.C.No.4094/2023 and remitted the matter to the Trial Court for considering the complaint by following the procedure prescribed under Sections 200 to 204 of the Code of Criminal Procedure and similar order is to be passed in respect of the present petitioner also. 3. Learned High Court Government Pleader does not dispute the Order passed in Crl.P.No.201091/2024 referred to above, in respect of accused No.3. - 3 - HC-KAR NC: 2025:KHC-K:3285 CRL.P No. 201083 of 2024 4. Present petitioner also stands on the same footing arising out of same crime. 5. Accordingly, order taking cognizance against petitioner which is impugned in this petition also needs to be quashed and matter needs to be remitted to the Trial Court. 6. Accordingly, the following: ORDER (i) Petition is allowed. (ii) Order taking cognizance in the pending proceedings in C.C.No.4094/2023 is hereby set- aside. (iii) Matter is remitted to the Trial Court for fresh consideration in accordance with law as per Sections 200 to 204 of the Code of Criminal Procedure. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 11 CT:PK