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2025 DAILYLAW 14945 (KAR)

SOMASHEKHARA K T v. THE STATE OF KARNATAKA

CRL.P/958/2025 · 2025-02-05

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5403 CRL.P No. 958 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.958 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SOMASHEKHARA K.T., S/O THIMMAIAH, AGED ABOUT 37 YEARS, R/O KANCHAMARANAHALLY VILLAGE, KASABA HOBLI, KADAGA, ALUR, HASSAN TALUK AND DISTRICT – 573 219. 2. THIMMAIAH S/O LATE ERAIAH, AGED ABOUT 78 YEARS, R/O KANCHAMARANAHALLY VILLAGE, SALAGAME HOBLI, KADAGA, ALUR, HASSAN TALUK AND DISTRICT – 573 219. 3. SAGANAMMA, W/O THIMMAIAH, AGED ABOUT 62 YEARS, R/O KANCHAMARANAHALLY VILLAGE, SALAGAME HOBLI, KADAGA, ALUR, HASSAN TALUK AND DISTRICT – 573 219. 4. JAYANNI @ K.T. JAYAMMA, W/O DEEPAK @ JAYAVEER DEEPAK, AGED ABOUT 34 YEARS, R/O KANCHAMARANAHALLY VILLAGE, KASABA HOBLI, KADAGA, ALUR, HASSAN TALUK AND DISTRICT – 573 219 …PETITIONERS (BY SRI. GIRISH B.BALADARE, ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5403 CRL.P No. 958 of 2025 AND: 1. THE STATE OF KARNATAKA BY HASSAN RURAL POLICE STATION, HASSAN DISTRICT – 573 201 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001. 2. SHIVAMMA W/O BHUDESHA, AGED ABOUT 48 YEARS, R/O KANCHAMARANAHALLY VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT – 573 219. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. PRATHEEP K.C., ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CR.NO.0099/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 341, 504, 354, 323, 506 R/W 34 OF IPC AGAINST THE PETITIONERS REGISTERED BY HASSAN RURAL POLICE HASSAN AND THE SAME IS PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC AT HASSAN IN NOW C.C.NO.6035/2015. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs:- a) Quash the entire criminal proceedings in Crime No.0099/2015 for the offence punishable under Section 341, 504, 354, 323, 506 R/w 34 of IPC against the petitioners - 3 - NC: 2025:KHC:5403 CRL.P No. 958 of 2025 registered by Hassan Rural Police, Hassan and the same is pending before the Addl. Civil Judge and JMFC at Hassan in now C.C.No.6035/2015, in the interest of justice and equity. b) Grant such other relief's as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioners as well as learned Addl.SPP for 1st respondent and learned counsel for 2nd respondent and perused the material on record. 3. A perusal of the material on record will indicate that apart from the impugned proceedings in C.C.No.6035/2015 arising out of Crime No.99/2015 instituted by the 2nd respondent against the petitioner and others, proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 were challenged by the 2nd respondent in Crl.P.No.8632/2023 which was allowed and disposed of with the consent of both sides by this Court vide order dated 24.01.2025, as hereunder:- 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 registered by the 1st respondent - Police pending on the - 4 - NC: 2025:KHC:5403 CRL.P No. 958 of 2025 file of I Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including petitioner - accused No.4 are hereby quashed. (iii) The submission made by the learned counsel for the petitioner and learned counsel for 2nd respondent that pursuant to the present order, both sides would take necessary steps to get Crl.P.No.958/2025 arising out of Crime No.99/2015 pending in C.C.No.6035/2015 allowed and the said proceedings quashed is placed on record. 4. In view of the aforesaid facts and circumstances and the aforesaid order passed in Crl.P.No.8632/2015, the present petition deserves to be allowed and the impugned proceedings deserve to be quashed. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.6035/2015 arising out of Crime No.99/2015 registered by the 1st respondent - Police pending on the file of Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including the petitioners - accused Nos. 1 to 4 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV/SRL