- 1 - NC: 2025:KHC:9058 CRL.P No. 5173 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5173 OF 2021 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SURESH @ KINDARI S/O KALASHETTY AGED ABOUT 30 YEARS, RESIDING AT GOLURU VILLAGE, NANJANAGUD TALUK 571 312. 2. NAGARAJU @ VATALU S/O CHIKKAMADASHETTY AGED ABOUT 32 YEARS RESIDING AT GOLURU VILLAGE, NANJANAGUD TALUK 571 312. 3. NARAYANASWAMY S/O HUTCHAIAHNA MAHADEVA AGED ABOUT 33 YEARS RESIDING AT GOLURU VILLAGE, NANJANAGUD TALUK 571 312. 4. SOMA @ GOOLI SOMA S/O GOOLASHETTY AGED ABOUT 31 YEARS RESIDING AT GOLURU VILLAGE, NANJANAGUD TALUK 571 312. 5. JAGADEESHA @ KENCHA S/O GONTHAGALA NAGASHETTY AGED ABOUT 33 YEARS RESIDING AT GOLURU VILLAGE, NANJANAGUD TALUK 571 312. …PETITIONERS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9058 CRL.P No. 5173 of 2021 (BY SRI. N PRAVEEN KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS STATION HOUSE OFFICER, TOWN POLICE STATION, NANJUNGUD, MYSURU DISTRICT 571 312. 2. SRI. M. MANJUNATHA S/O PUJARI MAHADEVA, AGED ABOUT 27 YEARS, RESIDENT OF GOLUR VILLAGE, NANJUNGUD TALUK 571 312. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN C.C.NO.46/2015 ARISING OUT OF CR.NO.34/2015 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., NANJANAGUDU VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The Criminal Proceedings initiated against the petitioners in C.C.No.46/2015 before the Court of Senior - 3 - NC: 2025:KHC:9058 CRL.P No. 5173 of 2021 Civil Judge and JMFC, Nanjanagud, arising out of Crime No.34/2015, of Nanjanagud Town Police Station, is sought to be quashed in this petition preferred under Section 482 of Cr.P.C. 2. On a complaint lodged by respondent No.2- Sri.M.Manjunatha, in respect of an incident of assault took place on 25.04.2015 at about 04:30 p.m., Crime No.34/2015 was registered at Nanjanagudu Town Police Station against the petitioners / accused Nos.1 to 5 for offences punishable under Section 506, 341, 324 read with Section 34 of IPC. 3. Complainant has alleged that he was man handled, assaulted and threatened by the accused persons, consequent to which he took treatment as an in-patient at K.R.Hospital, Mysore. 4. On completion of investigation, the police have filed charge sheet for the offence punishable under Section 341, 324, 506 read with Section 34 of IPC. - 4 - NC: 2025:KHC:9058 CRL.P No. 5173 of 2021 5. It is contended by the learned counsel for petitioners that initially the trial was held before the learned JMFC Court and during the pendency, an application was filed by the prosecution under Section 323 of Cr.P.C. which was allowed by the learned Magistrate and thereafter, the entire records were transmitted to the Sessions Court, Mysuru. He contended that as per prosecution, the accused have committed the act with an intention to do away with the life of the complainant and therefore, the ingredients of Section 307 are made out, which is totally erroneous and Trial Court having commenced the Trial was not justified in committing the case to the Sessions Court allowing the application filed by the prosecution. 6. Learned Magistrate while allowing the application has observed that, accused have inflicted injuries to the neck and throat i.e., on the vital parts of the body, which cannot be considered as simple hurt punishable under Section 324 of IPC and therefore, the - 5 - NC: 2025:KHC:9058 CRL.P No. 5173 of 2021 accused have attempted on the life of PW.1 and thereby committed an offence punishable under Section 307 of IPC, which is exclusively of triable by the Court of Sessions. 7. 7. The observations made while allowing the application under Section 323 of Cr.P.C, are for the purpose to decide the jurisdiction of the Court to try the offence, based on the nature of offence alleged to have committed. Observation itself is not conclusive and based on that observation, accused cannot be held guilty of the offence alleged without trial being conducted. 8. In so far as allowing the application preferred under Section 323 of Cr.P.C. is concerned, there is no illegality committed by the learned Magistrate. However, the observations made shall be confined to the disposal of the said application. 9. Learned Additional SPP has contended that the matter is already committed to the Court of Sessions and the trial is in progress. Petitioners / accused shall have the liberty to raise all contentions before the Trial Court at - 6 - NC: 2025:KHC:9058 CRL.P No. 5173 of 2021 appropriate stage. The Criminal proceedings initiated against the petitioners cannot be quashed. Accordingly, the following :- ORDER i) Criminal Petition is dismissed. ii) I.A.No.1/2020 does not survive for consideration, same is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 22 CT:SNN