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2025 DAILYLAW 33413 (KAR)

SIDDALINGAYYA v. STATE OF KARNATAKA

CRL.P/9658/2024 · 2025-03-24

Pradeep Singh Yerur

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Judgment text

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- 1 - NC: 2025:KHC:12263 CRL.P No. 9658 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR CRIMINAL PETITION NO. 9658 OF 2024 BETWEEN: 1. SIDDALINGAYYA, S/O KARANAYYA GADDUGE HIREMATHA, AGED ABOUT 46 YEARS, R/AT: E/166, ANDOLA, KARUNESHWAR MATHA, JEWARGI, ANDOLA, GULBARGA - 585 303, KARNATAKA. 2. DR. UMESH G. JADHAV, S/O GOPALDEV JADHAV, AGED ABOUT 65 YEARS, R/AT: NO 1/243/A, SANJAY NAGAR, GULBARGA - 585 322, KARNATAKA. …PETITIONERS (BY SRI MANJUNATH S. HALAWAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, STATION BAZAR POLICE STATION, REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI NAGENDRAPPA PUJARI, VICE PRESIDENT, KARNATAKA PRADESH KURUBARA SANGAH ZILLA SHAKE KALABURAGI, SRI BEERALINGESHWRA VASATI NILAYA, PRASHANTH NAGAR, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12263 CRL.P No. 9658 of 2024 RAJAPURA-SHAHABAD ROAD, KALABURGI - 585 312. …RESPONDENTS (BY SRI JAGADEESHA B.N., ADDITIONAL S.P.P. FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR FILED BY THE POLICE IN CRIME NO.42/2024 OF STATION BAZAR POLICE STATION, KALABURAGI ON THE FILE OF PRINCIPAL CIVIL JUDGE (J.D.) AND JMFC, GULBARGA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 504, 153A, 504, 143, 298 OF IPC AND ALL FURTHER PROCEEDINGS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER Sri Manjunath S.Halawar, learned counsel for petitioners files a memo by serving a copy of the same to the learned Additional S.P.P. for respondent-State. 2. It is contended by the learned counsel for petitioners that the offences punishable under Sections 143, 153(A), 504, 505, 298 read with Section 149 of the Indian Penal Code, 1860 against petitioner No.1. - 3 - NC: 2025:KHC:12263 CRL.P No. 9658 of 2024 3. It is further contended that charge sheet is filed for these offences against petitioner No.1 and other accused, whereas as regards petitioner No.2 no charge sheet is filed and is dropped from the charge sheet. Therefore, as of now, no case exists against petitioner No.2, who comes within the category of former/present MLA/MP for the matter to fall within the Special Court jurisdiction. 4. Learned counsel for the petitioners also submits that in view of the charge sheet having been filed against others, petitioner No.1 may be provided liberty to challenge the charge sheet before the appropriate Bench having the roster to deal with the matter. 5. The charge sheet so filed is placed on record. 6. In view of the same, the petition is disposed of reserving liberty to petitioner No.1, to challenge the FIR as well as the charge sheet preferred by the Station Bazaar - 4 - NC: 2025:KHC:12263 CRL.P No. 9658 of 2024 Police Station for the aforesaid offences in the appropriate Bench having a roster for the said matter. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK