- 1 - HC-KAR NC: 2025:KHC-D:10787 CRL.P No. 103319 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103319 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI PAMPANAGOUDA S/O SHARANEGOUDA MALIPATIL, AGE. 25 YEARS, OCC. CONTRACTOR, R/O. SHIVABADAVANE, GANGAVATHI, TQ. GANGAVATHI, DIST. KOPPAL-583 231. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY GANGAVATHI RURAL POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. 2. SRI. PUNDAPPA, AGE. 56 YEARS, OCC. PSI GANGAVATHI RURAL P.S., R/O. GANGAVATHI RURAL P.S.-583 231, TQ. GANGAVATHI, DIST. KOPPAL. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH ORDER DATED 28/07/2025 PASSED BY LEARNED ADDL. DISTRICT AND SESSION JUDGE KOPPAL SITTING AT GANGAVATHI IN SC NO.1/2025 THEREBY REJECTING THE APPLICATION FILED UNDER SECTION 239 OF BNSS, AND CONSEQUENTLY ALLOW THE SAID APPLICATION AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10787 CRL.P No. 103319 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.2 is before this Court under Section 482 of Cr.P.C., with a prayer to quash the order dated 28.07.2025 passed by the Court of Additional District and Sessions Judge, Koppal sitting at Gangavathi in S.C. No.1 of 2025 rejecting his application filed under Section 239 of BNSS, 2023. 2. Heard the learned counsel the petitioner and learned HCGP for the respondent Nos.1 and 2. 3. Petitioner, who is charge sheeted for offences punishable under Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238, 281, 125, 125(a) read with Section 3(5) of BNS, 2023 and Sections 183, 184, 192, 196 and 177 of Indian Motor Vehicles Act, had filed an application under Section 239 of BNSS, 2023 before the Trial Court for deleting / modifying the charge framed against him insofar as it relates to offences punishable under Sections 109(1) of BNS, 2023. The said application was opposed by the prosecution by filing objections. The Trial Court by order impugned dismissed the application and it is under these circumstances, petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:10787 CRL.P No. 103319 of 2025 4. Perusal of the material on record will go to show that charges were framed against accused Nos.1 to 3 for offences punishable under Sections 132, 109(1), 121(1), 115(1), 352, 351(2), 238, 281, 125, 125(a) read with Section 3(5) of BNS, 2023 and Sections 183, 184, 192, 196 and 177 of Indian Motor Vehicles Act and the case was posted for recording evidence. At this stage, petitioner, who is arraigned as accused No.2 had application under Section 239 of Cr.P.C. to modify / delete the charge insofar as it relates to offence punishable under Sections 109(1) of BNS, 2023, as against him. In the first information, as well as in the charge sheet, there is a specific allegation against accused Nos.2 and 3 that they had caught hold of CW2 so as to enable accused No.1 to throttle his neck and commit his murder. Accused No.1 is a person with multiple criminal cases registered against him and in the charge sheet, it is alleged that even on earlier occasions he had assaulted police officials. CW2 in the present case is a Police Constable and in the alleged incident that had taken place on 09.10.2024, there is an allegation against all the three accused about manhandling CW2 and also attempting to commit his murder by throttling his neck. Incident in question had taken place on 09.10.2024, after the accused persons who - 4 - HC-KAR NC: 2025:KHC-D:10787 CRL.P No. 103319 of 2025 were indulged in bike wheeling fell down and had suffered injuries. When the Police who were on duty tried to approach them, the accused persons allegedly committed the alleged offences. Under the circumstances, I do not find any illegality or irregularity in the order passed by the Trial Court dismissing the application filed by the petitioner under Section 239 of BNSS, 2023. 5. Therefore, I am not inclined to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 44