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2025 DAILYLAW 26173 (KAR)

SHANTHAMMA v. THE STATE OF KARNATAKA

WP/15239/2024 · 2025-03-14

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:10573 WP No. 15239 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15239 OF 2024 (GM-POLICE) BETWEEN: SHANTHAMMA, W/O BASAVARAJ S.V, AGED ABOUT 55 YEARS, HOUSE MAKER, RESIDING AT SANTHEKADURU VILLAGE, SHIVAMOGGA, TALUK AND DIST - 577 222. …PETITIONER (BY SRI. SHAIKH SAOUD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIEF SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE SUB INSPECTOR OF POLICE, TUNGA NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10573 WP No. 15239 of 2024 3. VENKATESH V @ RAJU, S/O VENKATARAMANAYYA, AGED 51 YEARS, 4. SARASVATHI W/O VENKATASH V @ RAJU AGED ABOUT 45 YEARS, 5. SOMSHEKHAR S/O VENKATARAMANAYYA AGED 49 YEARS, 6. SRINIVAS S/O VENKATARAMANAYYA AGED 53 YEARS, 7. NIKHIL S/O SRINIVAS AGED ABOUT 23 YEARS, 8. KUMAR S/O VENKATARAMANAYYA AGED 46 YEARS, 9. GODAVARI W/O SRINIVAS AGED ABOUT 45 YEARS, 10. SHIVKUMAR S/O VENKATARAMANAYYA AGED 46 YEARS 11. SHRIJA W/O NIKHIL AGED ABOUT 20 YEARS, - 3 - NC: 2025:KHC:10573 WP No. 15239 of 2024 12. PUSHPA W/O KUMAR, AGED ABOUT 39 YEARS, RESPONDENT NO.3 TO 12 ARE RESIDING AT SANTHEKADURU VILLAGE, NIDHIGE HOBLI, SHIVAMOGGA TALUK - 577 222. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 AND R2; VIDE ORDER DATED 03.03.2025, NOTICE TO OTHER RESPONDENTS NOT REQUIRED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) THE PETITION MAY PLEASED BE ALLOWED. 2) DIRECTION MAY PLEASED BE ISSUED TO THE R1 AND 2 TO REGISTER A CASE ON THE BASIS OF ANNEXURE-A, FOR THE OFFENCES UNDER SECTION 143, 147, 341, 354, 354A, 354B, 355, 307, 324, 326, 395, 427, 504, 506, 509 R/W 149 IPC AGAINST THE R2 TO 12 AND INVESTIGATE THE SAME BY A SPECIAL INVESTIGATING TEEM (SIT) AND FILE THE FINAL REPORT AGAINST THE R2 TO 12 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:10573 WP No. 15239 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "1. The Petition may pleased be allowed. 2. The Petition may pleased be allowed. 2. Direction may pleased be issued to the respondents No.1 & 2 to register a case on the basis of Annexure-A, for the offences under section 143, 147, 341, 354, 354A, 354B, 355, 307, 324, 326, 395, 427, 504, 506, 509 r/w 149 IPC against the respondents Nos. 2 to 12,and investigate the same by a Special Investigating Teem (SIT) and file the final report against the respondent Nos.2 to 12 in the interest of justice and equity. 3. Pass such other Orders deemed fit by the Hon'ble High Court in the interest of justice and equity. 4. Costs of the proceeding may also be awarded to the petitioner in the interest of justice and equity." 2. Learned AGA on instructions and verification of the records would submit that FIR is already registered against the accused therein in Crime No.89/2023. 3. Learned AGA would further submit the charge sheet has been filed by the police and the Trial is on, at this juncture, the petitioner has preferred a petition seeking direction to register the crime for the offences punishable under Sections - 5 - NC: 2025:KHC:10573 WP No. 15239 of 2024 143, 147, 341, 354, 354A, 354B, 355, 307, 324, 326, 395, 427, 504, 506, 509 read with Section 149 IPC. 4. In the light of the aforesaid circumstance, the petition does not merit any consideration and it is disposed is having become unnecessary. Sd/- ( M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 8 CT: BHK