- 1 - NC: 2025:KHC-K:633 CRL.P No. 201160 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201160 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. KHALIL @ HAMALWADI KHALIL S/O LAL AHMED, AGE: 42 YEARS, OCC: BUSINESS, R/O. HAMALWADI STATION BAZAR AREA, KALABURAGI-585102. 2. SHAHABUDDIN S/O MOHAMMED OSMAN, AGE: 39 YEARS, OCC: BUSINESS, R/O. SADAR MOHELLA ROSHAN MANDI, MOMINPURA KALABURAGI-585104. 3. GAJANANDA S/O ARUNKUMAR DESHAPANDE, AGE: 34 YEARS, OCC: BUSINESS, R/O. GDA LAYOUT MAHADEVAPPA RAMPURE, BADAWANE KALABURAGI-585104. …PETITIONERS (BY SRI SYED FAYAZUDDIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH UNIVERSITY P.S. KALABURAGI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103. 2. MAZID SHEIKH S/O HAJI PASHA SHEIKH, AGE: 35 YEARS, OCC: BUSINESS, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:633 CRL.P No. 201160 of 2024 R/O. UMAR COLONY, AZADPUR, KALABURAGI-585104. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO ALLOW THE PETITION AND QUASH THE CHARGED SHEET IN CR NO. 8/2019 PENDING FOR DISPOSAL BEFORE THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN SC.NO.258/2024 FOR THE OFFENCES U/S 143, 147, 148, 447, 307, 427, 504, 506, 109 R/W 149 IPC AND SECTION 25 OF THE ARMS ACT AGAINST THE PETITIONERS OF UNIVERSITY P.S KALABURAGI TO PASS ANY OTHER APPROPRIATE ORDERS AS MAY BE DEEMED NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C with a prayer to quash the entire proceedings pending before the court of the I Addl. District & Sessions Judge, Kalaburagi in S.C.No.258/2024 arising out of Crime No.08/2019 registered by University Police Station, Kalaburagi, for offences punishable under - 3 - NC: 2025:KHC-K:633 CRL.P No. 201160 of 2024 Sections 143, 147, 148, 447, 307, 427, 504, 506, 109 r/w 149 of IPC and Section 25 of the Arms Act. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that this court in Crl.P.No.200036/2024 has quashed the impugned proceedings as against accused No.5 on the ground of inordinate delay in registering the FIR. The said reasoning squarely applies even to the case of the petitioners herein. Accordingly, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader who has opposed the petition does not dispute the submission made by learned counsel for the petitioners. 5. Accused No.5 had approached this court in Crl.P.200036/2024 which was allowed by this Court by order dated 08.07.2024. In Para Nos.6 & 7 of the order passed in Crl.P.200036/2024, this court has observed as follows: - 4 - NC: 2025:KHC-K:633 CRL.P No. 201160 of 2024 “6. The material available on record would go to show that in respect of the incident that took place on 03.11.2018, the first informant, who is the victim in the present case had approached the police belatedly on 11.01.2019. In the typed first informant dated 11.01.2019, no proper explanation has been offered by the first informant for the inordinate delay of 69 days in approaching the police. The presence of the petitioner along with other accused is also not mentioned in the first information dated 11.01.2019. It cannot be believed that for a period of 69 days, the first informant had no information about the persons, who had committed the alleged crime on 03.11.2018. In the first information, the first informant has named only 3 persons and on the very same day, the further statement of first informant was recorded by the police and in that statement, he has spoken about the role of the petitioner herein in the incident that had taken place on 03.11.2018. 7. In the case of State of Andhra Pradesh V/s M.Madhusudhan Rao reported in (2008) 15 SCC 582 the Hon'ble Supreme Court has observed as follows in para-30: 30. "Time and again, the object and importance of prompt lodging of the first information report has been highlighted. Delay in lodging the first information report, more often than not, results in embellishment and exaggeration, which is a - 5 - NC: 2025:KHC-K:633 CRL.P No. 201160 of 2024 creature of an afterthought. A delayed report not only gets bereft of advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity. Therefore, it is essential that the delay in lodging the report should be satisfactorily explained". 6. Reasoning assigned by this court for allowing the Criminal Petition filed by accused No.5 would be squarely applicable to the case of the petitioners herein. Accordingly, the following order: ORDER The criminal petition is allowed. The entire proceedings in S.C.No.258/2024 arising out of Crime No.08/2019 pending before the court of the I Addl. District & Sessions Judge, Kalaburagi, for offences punishable under Sections 143, 147, 148, 447, 307, 427, 504, 506, 109 r/w 149 of IPC and Section 25 of the Arms Act, is quashed against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE DHA List No.: 1 Sl No.: 23 CT:PK