Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7608 CRL.P No. 1126 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1126 OF 2025 BETWEEN:
SHANKARANARAYANA A.N., 52 YEARS, S/O LATE RAMACHANDRA BHAT, D.NO.3-19-1653/18, SRI DURGA SHAKTI, KADRI GARDEN ROAD, KADRI KAIBATTAL, MANGALORE - 575 002.
(WRONGLY NAMED SHANKARA ALEYURAYA - SHANKARA ALEYURA). …PETITIONER (BY SRI. VASANTHA KUMAR BARDILA., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY MANGALORE WOMEN POLICE STATION, DAKSHINA KANNADA, MANGALURU.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2.
DAYANANDA KARANTH, 41 YEARS, S/O MOHAN KARANTH,
"DURGA DAYA", D.NO.4-189-20/4, NEAR GOVT., PARAPADE SCHOOL, Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:7608 CRL.P No. 1126 of 2025 AKASHA BHAVANA, KULURU POST, MANGALURU - 575 013. …RESPONDENTS (BY SRI.THEJESH P., HCGP FOR R1)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNNS) PRAYING TO ALLOW THE CRIMINAL PETITION BY QUASHING THE CHARGE SHEET IN SPL CASE NO.2/2025 PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1 (POCSO) D.K. MANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354 OF I.P.C AND SECTION 8 OF POCSO ACT, 2012 VIDE DOCUMENT NO.2 AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS PURSUANT THERETO.
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 After arguing the matter for some time, learned counsel for the petitioner submits that the discharge application filed by the petitioner was already withdrawn as 'Not pressed'. It is however submitted that the petitioner would file one more application for discharge and seek discharge before the Special Court who may be directed to consider the same in accordance with law.
2. Submission is placed on record.
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NC: 2025:KHC:7608 CRL.P No. 1126 of 2025
3. Accordingly, petition stands disposed as withdrawn reserving liberty in favour of the petitioner to seek discharge and file a fresh/new application for discharge before the Trial Court which is hereby directed to consider the same and pass appropriate order in accordance with law.
4. It is needless to state that while considering the application for discharge, the Trial Court shall not only consider the various contentions urged by the petitioner, but also the complaint, FIR, Chargesheet, Statement of witnesses documents etc., and dispose of the discharge application in accordance with law.
Subject to the aforesaid directions, petition stands disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKA List No.: 1 Sl No.: 32