- 1 - HC-KAR NC: 2025:KHC-K:3338 CRL.P No. 201541 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201541 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHADEVAPPA S/O NAGAPPA SASNUR, AGE:71 YEARS, OCC: RETIRED GOVT SERVANT, R/O. JAGRUTI COLONY, KALABURAGI DIST.KALABURAGI-585102. 2. YELLAPPA S/O BHUJANGAPPA SUBEDAR, AGE:50 YEARS, OCC: GOVERNMENT SERVANT, R/O. CHANDRABHAGA NAGAR, KALABURAGI, DIST. KALABURAGI-585102. 3. SHANTKUMAR S/O HANAMANTHRAO WADI, AGE:65 YEARS, OCC: RETIRED GOVERNMENT SERVANT, R/O. J.R NAGAR, KALABURAGI, DIST. KALABURAGI-585101. …PETITIONERS (BY SRI AVINASH A. UPLAONKAR ,ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, BRAHMPUR POLICE STATION KALABURAGI, DIST. KALABURAGI, NOW REPRESENTED BY, ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107 …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3338 CRL.P No. 201541 of 2024 THI CRL.P IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO, EXERCISE THE INHERENT POWERS U/SEC 482 OF CR.P.C EXAMINE THE RECORDS AND DIRECTING THE TRAIL COURT TO DISPOSE OFF THE CASE WITH A OUTER LIMIT OF THREE MONTHS IN C.C.NO.422/2016 (CRIME NO.95/2015 OF BRAHMPUR POLICE STATION, KALABURAGI) FOR THE OFFENCE PUNISHABLE U/SEC 406, 465, 468, 471, 409, 420, 120(B) OF IPC AND 192(2)(A)(B) OF KARNATAKA LAND REVENUE ACT 1966 PENDING BEFORE IV ADDL CIVIL JUDGE AND JMFC COURT AT KALABURAGI AGAINST THE PETITIONERS. THIS PETITION COMING ON FOR ADMISSION, 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 Avinash A. Uplaonkar, learned counsel for the petitioners and Sri Veeranagouda Malipatil, learned High Court Government Pleader for the respondent – State. 2. Present petition under Section 528 of BNSS, 2023 with the following prayer: “Criminal petition is filed under Section 528 of BNSS, praying to, exercise the inherent powers u/Sec.482 of Cr.P.C examine the records and - 3 - HC-KAR NC: 2025:KHC-K:3338 CRL.P No. 201541 of 2024 directing the Trail Court to dispose off the case with a outer limit of three months in C.C.No.422/2016 (Crime No.95/2015 of Brahmpur Police Station, Kalaburagi) for the offence punishable u/Sec. 406, 465, 468, 471, 409, 420, 120(b) of IPC and 192(2)(a)(b) of Karnataka Land Revenue Act, 1966 pending before IV Addl. Civil Judge and JMFC Court at Kalaburagi against the petitioners.” 3. Facts in brief, which are utmost necessary for disposal of the present petition are as under: Upon the complaint lodged by Basalingappa Naikodi, Brahmapur police, Kalaburagi registered a case in Crime No.95/2015 on 23.06.2015, for the offences punishable under Sections 409 and 420 of IPC, which was thoroughly investigated and charge sheet came to be filed. Trail is now pending in C.C.No.422/2016. 4. It is the contention of learned counsel for the petitioners that the trial is not conducted properly and there is a huge delay in disposing of the matter. - 4 - HC-KAR NC: 2025:KHC-K:3338 CRL.P No. 201541 of 2024 Therefore, he has sought for a direction to the Trial Court to dispose of C.C.No.No.422/2016 as early as possible. 5. Learned High Court Government Pleader submits that delay in disposing the matter is not attributable to the prosecution and on several occasions, petitioners themselves remained absent and they have sought for exemption and therefore, delay has occurred. 6. Taking note of the rival contentions of the parties, this Court perused the material on record meticulously. 7. On such perusal of the material on record, the order sheet of the Trial Court discloses that delay is not only attributable to the prosecution but also to the petitioners. Since the incident is of the year 2015 and the criminal case is pending since 2016 in C.C.No.422/2016, it is just and necessary for the learned Trial Magistrate to expedite the matter and dispose of the same in a time bound manner. - 5 - HC-KAR NC: 2025:KHC-K:3338 CRL.P No. 201541 of 2024 8. Taking note of the fact that trail has not progressed to any extent, charges are directed to be framed on the very next date of hearing and thereafter, trial ail needs to be concluded as early as possible. It is also noticed that the petitioners have approached this Court twice under Section 482 of Cr.P.C. and hence, there is delay in the progress of trial. 9. Nevertheless, early disposal of the criminal case is one of the fundamental rights guaranteed to the accused as per the judgment of the Hon’ble Apex Court in the case of Hussainara Khatoon and Others vs. State of Bihar reported in (1980) 1 SCC 89. 10. Therefore, following order is passed: ORDER a) Criminal petition is disposed of by directing the learned Trial Magistrate to conclude - 6 - HC-KAR NC: 2025:KHC-K:3338 CRL.P No. 201541 of 2024 the pending criminal case as early as possible. b) Needless to emphasize that the petitioners/accused shall cooperate for disposal of the pending criminal case without seeking exemption and unnecessary adjournments. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 20 CT:PK