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2025 DAILYLAW 25626 (KAR)

M C KRISHNEGOWDA v. STATE OF KARNATAKA

WP/12823/2023 · 2025-04-16

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:15836 WP No. 12823 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 12823 OF 2023 (GM-RES) BETWEEN: M.C. KRISHNEGOWDA, S/O CHIKKA CHENNEGOWDA, AGED 41 YEARS, R/AT MUDUGERE VILLAGE, GENGIGERE POST, BUKANAKERE HOBLI, K.R. PET TALUK, MANDYA DISTRICT - 571 426. …PETITIONER (BY MS. CHITHARA B.P, ADVOCATE FOR SRI. T.A. KARUMBAIAH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY K.R. PET RURAL POLICE STATION, K.R. PET, MANDYA DISTRICT - 571 426, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 01. 2. NAYAN KUMAR M.Y, S/O YOGENDRA M.V, AGED 32 YEARS, 3. CHANDAN M.Y, S/O YOGENDRA M.Y, AGED 35 YEARS, 4. YOGENDRA M.V, S/O LATE VENKATARAME GOWDA AGED 65 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:15836 WP No. 12823 of 2023 5. VISHALAKSHMMA, W/O YEGENRA M V AGED 56 YEARS 6. RAJEGOWDA S/O VENKATARAME GOWDA AGED 75 YEARS 7. PREMA A S W/O RAJEGOWDA AGED 68 YEARS 8. SAHANA W/O CHANDANA 28 YEARS 9. YASHODAMMA W/O SANNATHAMMEGOWDA AGED 58 YEARS 10. SANNA THIMMEGOWDA S/O LATE VENAKATARAME GOWDA AGED ABOUT 62 YEARS RESPONDENTS 2 TO 10 ARE R/AT MUDUGERE VILLAGE, BUKANAKERE HOBLI, K.R. PET TALUK, MANDYA DISTRICT - 571 426. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; SRI. C.N. RAJU, ADVOCATE FOR R2 TO R10) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO INCLUDE ALL THE CHARGES MENTIONED IN ANNEXURE-A THE FIR IN CRIME NO 13/2020 IN CHARGE SHEET ANNEXURE- C INCLUDING THE OFFENCES PUNISHABLE UNDER SECTION 143, 144, 307 AND 149 OF IPC AGAINST RESPONDENTS 2 TO 10. NOW THE CASE IS PENDING ON THE FILE OF THE CIVIL - 3 - NC: 2025:KHC:15836 WP No. 12823 of 2023 JUDGE AND JMFC, KR PET, MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 341, 354(B), 324, 323 OF IPC AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/defacto complainant is aggrieved by the fact that all the offences mentioned in the FIR are not included in the charge sheet. The instant petition is preferred seeking a direction to respondent Police to include the offences which are mentioned in the FIR, but omitted in the charge sheet. 2. It is the contention of the learned counsel for petitioner, that the primary offences such as Section 143, 147, 149 and 307 of IPC which were in the FIR are dropped while filing the charge sheet and therefore, the complaint filed by the petitioner has been diluted. - 4 - NC: 2025:KHC:15836 WP No. 12823 of 2023 3. As per the charge sheet material it can be seen that based on the investigation and the statements of the witnesses, charge sheet was filed for the offences Punishable under Section 341, 354, 324, 323 read with Section 34 of IPC. 4. It is submitted by the learned High Court Government Pleader that there is a case and counter case registered against each other and charges are framed in both the cases and matter is set down for trial. 5. It is needless to say that during course of trial, if any evidence appears which warrants the trial Court to frame additional charges, the law permits to do so, however, in accordance with the procedure prescribed. Petition is disposed of with the above observation. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 28