- 1 - NC: 2025:KHC:18352 CRL.P No. 7155 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7155 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT ARUNA H R W/O SATHISH AGED ABOUT 44 YEARS, R/O SHIVAGANGA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577557 …PETITIONER (BY SRI. GOPALAKRISHNAMURTHY.C., ADVOCATE) AND: 1. STATE BY CHITRAHALI GATE P.S. HOLALKERE CIRCLE, R/BY ITS SPP, HIGH COURT COMPLEX, BENGALURU-560001 2. SMT. GOWRAMMA W/O E.SATHEESHA WORKING AS TEACHER, AGED ABOUT 37 YEARS, R/O SHIVAGANGA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT- 577557 PRESENTLY R/AT DOOR NO.156 2ND FLOOR, ULLALU MAIN ROAD NEAR VIDYANIKETANA SCHOOL BENGALURU – 560 056 …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18352 CRL.P No. 7155 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.1644/2022 PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, HOLALKERE VIDE ANNEXURE-E AND SUMMONS ISSUED TO THE PETITIONER IN CC NO.1644/2022 BY THE ADDL.CIVIL JUDGE AND JMFC HOLALKERE VIDE ANNEXURE-F AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 354, 504, 506 R/W 34 OF IPC REGISTERED BY THE CHITRAHALLI GATE P.S (RESPONDENT NO.1) BY ALLOWING THE PETITION IN THE ENDS OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER The petitioner is arrayed as proposed accused No.5 seeking for quashing the order dated 03.03.2025 passed by the Trial Court. Factual matrix of the case: 2. Initially, a complaint came to be registered by the complainant against five accused. However, the complainant on 01.11.2022 made her further statement stating that Aruna H.R. W/o Sathish was not present at the spot. Based on the said statement, in the charge sheet, the name of the petitioner had been dropped. - 3 - NC: 2025:KHC:18352 CRL.P No. 7155 of 2025 3. However, in the evidence of P.W.1, it appears that she deposed before the Court about the presence of the petitioner at the time of quarrel. Considering the said evidence, an application under Section 319 of Cr.P.C. had been filed by the prosecutor. Based on the said application, notice had been issued to the petitioner. Being aggrieved by the same, this petition is filed seeking to set aside the said order. 4. Heard the learned counsel for the respective parties. 5. It appears from the record that, the complainant made her further statement and clarified that the present petitioner was not present at the time of alleged incident. Therefore, her name has been deleted in the charge sheet. However, the learned prosecutor filed an application to implead the petitioner as proposed accused No.5. Even assuming that the petitioner is arraigned as proposed accused No.5, the fact remains that, the petitioner would have an opportunity to file necessary application for discharge. Therefore, it is necessary to grant liberty to move an application for discharge before the same Court for the relief. - 4 - NC: 2025:KHC:18352 CRL.P No. 7155 of 2025 7. In the light of the observation made above, I proceed to pass the following:- ORDER The petition is disposed of with liberty to file necessary application for discharge in accordance with law. Sd/- (S RACHAIAH) JUDGE PSJ List No.: 2 Sl No.: 5