- 1 - NC: 2025:KHC:5733 WP No. 3509 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3509 OF 2025 (GM-RES) BETWEEN: VENKATESH H. P. S/O LATE PUTTA, AGED ABOUT 65 YEARS, R/AT CHOORIKADU, HAKATTHURU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571201 …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY MADIKERI RURAL POLICE STATION, DAKSHINA KANNADA DISTRICT-574211 REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 2. DAYANANDA H L S/O LINGAPPA H K, AGED ABOUT 32 YEARS, THOMBATH MANDE, PAISARI, HAKATURU VILLAGE, MADKERI TALUK, KODAGU DISTRICT. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BHARATIYA NAGARIKA SURAKSHA SANHITA, 2023 PRAYING TO DIRECT PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5733 WP No. 3509 of 2025 COURT, MADIKERI, TO EXPUNGE THE EVIDENCE OF THE PW1 RAJESH S/O NARAYANA AGED 30 YEARS, COOLIE IN CC NO. 1096/2020 PRODUCED AT ANNEXURE-F AND DIRECT TO SUMMON THE ACTUAL WITNESS BY NAME RAJESH S/O HARIDAS, AGED 33 YEARS, MECHANIC TO APPEAR AND DEPOSE BEFORE THE COURT. 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, petitioner seeks for the following reliefs: “Issue a writ of mandamus or any other writ directing Principal Civil Judge (Junior Division) and JMFC Court, Madikeri, to expunge the evidence of the PW-1 Rajesh S/o Narayana, Aged 30 years, coolie, in C.C.No.1096/2020 produced at Annexure-F and direct to summon the actual witness by name Rajesh S/o Haridas, Aged 33 years, Mechanic, to appear and depose before the Court, in the interest of justice.” 2. After arguing the matter for some time, learned counsel for the petitioner submits that the present petition may be disposed of directing the Trial Court to consider and pass appropriate orders on the application dated 10.10.2024 and application dated 23.09.2024 filed by the petitioner, if not disposed of as on today, in accordance with law. - 3 - NC: 2025:KHC:5733 WP No. 3509 of 2025 3. The aforesaid submission is placed on record. 4. In view of the aforesaid facts and circumstances, the Trial Court is directed to consider and dispose of the applications dated 10.10.2024 and 23.09.2024 filed by the petitioner, if not, already disposed of as on today, in accordance with law, after providing sufficient and reasonable opportunity to the parties. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 15