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2025 DAILYLAW 34522 (KAR)

VIJAYAKUMAR K.H. v. STATE OF KARNATAKA

CRL.P/11987/2024 · 2025-02-12

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6395 CRL.P No. 11987 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.11987 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. VIJAYAKUMAR K.H., S/O HANUMANTHAPPA, AGED ABOUT 64 YEARS, R/AT GEDDALAHATTI VILLAGE,, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213 2. NINGAMMA, W/O VIJAYAKUMAR K.H., AGED ABOUT 58 YEARS, R/AT GEDDALAHATTI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577213 3. RAMYA K.V., W/O LATE CHANDRASHEKAR, AGED ABOUT 28 YEARS R/AT NO.112/1, MAYASANDRA, DASANAPURA, ANEKAL, MAYASANDRA, BENGALURU-562107 4. SAVITHA K.V. W/O DEVENDRAPPA ALIAS DEVANNA, AGED ABOUT 38 YEARS, R/AT NO.90, HEBBALAGERE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-57725 5. DEVENDRAPPA G., S/O GANGAPPA, AGED ABOUT 42 YEARS, R/AT NO.90, HEBBALAGERE, CHENNAGIRI TALUK, DAVANAGERE DISTRICT-57725 …PETITIONERS (BY SRI. MADHU M.T., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6395 CRL.P No. 11987 of 2024 AND: 1. STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560001, 2. MRS. SHEETHAL R., W/O MADHUSUDHAN K.V., AGED ABOUT 33 YEARS, R/AT AMRUTHAM NILAYA, 3RD CROSS, VIDYAGIRI, BAGHALKOT-587101 …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED BY 1ST RESPONDENT IN CRIME NO.25/2021 REGISTERED BY WOMEN POLICE STATION, SHIVAMOGGA AS C.C.NO.1603/2021 FOR OFFENCE PUNISHABLE UNDER SECTIONS 498-A, 323, 506 R/W 34 OF IPC PENDING ON THE FILE OF JMFC-II, SHIVAMOGGA DISTRICT, SHIVAMOGGA IN RESPECT OF PETITIONERS HEREIN VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “(a) Quash the Charge sheet filed by the 1st Respondent in Crime No.25/2021 registered by Women Police Station, Shivamogga, in C.C.No.1603/2021 for offence punishable under Section 498-A, 323, 506 read with 34 of IPC pending on the file of JMFC-II, Shivamogga District, Shivamogga in respect of Petitinoers herein vide Annexure-A; - 3 - NC: 2025:KHC:6395 CRL.P No. 11987 of 2024 (b) Quash the entire proceedings in C.C.No.1603/2021 for offence punishable under Section 498-A, 323, 506 read with 34 of IPC pending on the file of JMFC-II Shivamogga District, Shivamogga in respect of petitioners herein vide Annexure-D; (c) Pass such other order/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for the respondent and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioners submits that petition may be disposed of reserving liberty in favour of the petitioners to file appropriate application seeking exemption from personal appearance as and when required and the Trial Court may be directed to consider the same in accordance with law. In addition thereto, it is submitted that the Trial Court may be directed to dispose of the proceedings in accordance with law. 4. The said submission is placed on record. 5. The Trial Court is directed to dispose of the proceedings in C.C.No.1603/2021 as expeditiously as possible. In - 4 - NC: 2025:KHC:6395 CRL.P No. 11987 of 2024 addition thereto, in the event any of the petitioners seek exemption by filing an appropriate application, the same shall be considered by the Trial Court, in accordance with law. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 80