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2025 DAILYLAW 14994 (KAR)

SRI. KIRAN KULKARNI v. STATE OF KARNATAKA

CRL.P/1344/2025 · 2025-02-12

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6881 CRL.P No. 1344 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1344 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. KIRAN KULKARNI AGED ABOUT 29 YEARS S/O SUNIL KULKARNI AT HOUSE NO. 1948 TARABALU BADAVANE DAVANAGERE – 577 566 PRESENT ADDRESS FLAT NO. 201, 2ND FLOOR SAI SAMURUDDHI RESIDENCY 9TH CROSS, NEAR KATTE BALAGA N R COLONY, BASAVANAGUDI BENGALURU - 560 004. …PETITIONER (BY SRI. PAWAN SHYAM A.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY AGUMBE POLICE STATION REPRESNETED BY SPP KARNATAKA HIGH COURT BENGALURU – 560 001. 2. SRI AMEENSAAB PENDARI S/O DONGRISAB PENDARI AGED ABOUT 35 YEARS NEAR GLPS BUDNI VILLAGE JAMKHANDI TALUK, BAGALKOT – 587 121. …RESPONDENTS (BY SRI.THEJESH.P, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY AGUMBE P.S UNDER SEC.279,337,304(a) OF IPC DATED 16.09.2023 IN CR.NO.59/2023 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6881 CRL.P No. 1344 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a) Quash the First Information Report registered by Agumbe Police Station under Section 279, 337, 304(a) of Indian Penal Code, 1860 dated 16.09.2023 in Crime No.59/2023 vide Annexure- C; b) Quash the Chargesheet bearing No.17/2024 dated 23.03.2024 registered by Agumbe Police Station under Section 279 and 304(A) of Indian Penal Code, 1860 at Agumbe Police Station, Shivamogga District vide Annexure-D against the Petitioner; c) Quash all further proceedings pending on the file of Ld. Senior Civil Judge and JMFC Court, Thirthahalli C.C.No.288 of 2024 vide Annexure- J and; d) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interests of justice and equity. - 3 - NC: 2025:KHC:6881 CRL.P No. 1344 of 2025 2. After arguing the matter for some time, learned counsel for the petitioner submits that C.C.No.288/2024 is posted before the Trial Court on 26.03.2025 and the present petition may be disposed of reserving liberty in favour of the petitioner to seek discharge/file application for discharge. 3. Under the aforesaid facts and circumstances, I deem it just and appropriate to dispose of the petition reserving liberty in favour of the petitioner to seek discharge before the Trial Court. Accordingly, I pass the following: ORDER i) The petition is hereby disposed of. ii) Liberty is reserved in favour of the petitioner to seek discharge before the Trial Court by filing an application for discharge. If such an application is filed by the petitioner, Trial Court shall dispose of the same within a period of one month from the next date of hearing i.e, 26.03.2025 in accordance with law after providing sufficient and reasonable opportunity to both the parties. SD/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 93