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2025 DAILYLAW 13172 (KAR)

SRI UCHHILA DEVARAJ KUMAR v. THE STATE OF KARNATAKA

CRL.P/350/2025 · 2025-02-05

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5141 CRL.P No. 350 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 350 OF 2025 BETWEEN: SRI UCHHILA DEVARAJ KUMAR, S/O UCHHILA VENKATA RAO, AGED ABOUT 51 YEARS, R/AT HOUSE NO.330, 8TH CROSS, 2ND STAGE, 6TH BLOCK, NAGARAABAVI, BANGALORE-560 072. AND ALSO AT SHAILA NIVASA DASKAR, UCHHILA - UDUPI KARNATAKA STATE, PIN-574 117. …PETITIONER (BY SRI DHARMAPAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY POLICE INSPECTOR, SAGAR TOWN POLICE, SHIVAMOGGA DISTRICT, REPT. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE- 560 001. 2. SRI PRAKASH BOSLE, S/O RAMA RAO BOMSLE, AGED ABOUT 60 YEARS, R/AT SHIRAVALA ROAD, SAGAR TOWN, SHIVAMMOGGA DISTRICT, KARNATAKA STATE, PIN-577 401. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1) Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5141 CRL.P No. 350 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) TO QUASH THE ENTIRE CHARGE SHEET FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC IN CC NO 644/2019 WHICH IS PENDING ON THE FILE OF THE LEARNED PRL.CIVIL JUDGE (JN-DVN) AND JMFC AT SAGARA, SHIVAMOGGA DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "WHEREFORE it is prayed that this Hon'ble Court be pleased to quash the entire Charge sheet for the offence punishable under Section 420 of IPC in CC No.644/2019 which is pending on the file of the learned Prl. Civil Judge (Jr.Dn.) & JMFC at Sagara, Shivamogga District, or any such other Order or Direction which deems fit in the facts and circumstances of the case, in the interest of Justice." 2. Heard learned counsel for the petitioner, learned Additional SPP for the respondent-State and perused the material on record. - 3 - NC: 2025:KHC:5141 CRL.P No. 350 of 2025 3. After arguing the matter for sometime, learned counsel for petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to appear before the trial court on the next date of hearing and file an application seeking recalling of NBW issued against him as well as an application to recall the order of proclamation passed against him. 4. It is submitted that till the trial court dispose of such an application to be filed by the petitioner, respondents may be directed not to take precipitative/coercive steps against the petitioner. 5. The submission is placed on record. 6. The petition stands disposed of reserving liberty in favour of the petitioner to file an application seeking recall of NBW issued against him as well as seeking recall of the proclamation issued against him by the trial court. If such an application is filed by the petitioner, the trial court shall consider the same and pass appropriate orders in accordance with law on the next date of hearing. - 4 - NC: 2025:KHC:5141 CRL.P No. 350 of 2025 7. It is further directed that till the trial court dispose of such an application, the trial court or the respondents shall not take any precipitative/coercive steps against the petitioner. 8. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE NP List No.: 1 Sl No.: 14