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2025 DAILYLAW 39422 (KAR)

CHANDRAPPA v. THE STATE OF KARNATAKA

CRL.P/5571/2025 · 2025-07-25

S R Krishna Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28544 CRL.P No. 5571 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5571 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. CHANDRAPPA S/O. LATE. CHIKKA CHANNAPPA AGED ABOUT 55 YEARS, RESIDING AT PILLAGUNDLAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE 562 104 2. ROOPA.T.V W/O. CHANDRAPPA AGED ABOUT 32 YEARS, RESIDING AT PILLAGUNDLAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE 562 104 3. RAVICHANDRA S/O. LATE. CHIKKACHANNAPPA AGED ABOUT 42 YEARS, RESIDING AT PILLAGUNDLAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE 562 104 4. BINDU .G.M. W/O. RAVICHANDRA AGED ABOUT 28 YEARS, RESIDING AT PILLAGUNDLAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE 562 104 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28544 CRL.P No. 5571 of 2025 5. CHENNAMMA W/O. LATE. CHIKKACHENNAPPA AGED ABOUT 63 YEARS, RESIDING AT PILLAGUNDLAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE 562 104 …PETITIONERS (BY SRI. HARISH N.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE STATION HOUSE OFFICER, PERESANDRA POLICE STATION GUDIBANDE CIRCLE, CHIKKABALLAPURA- 562 104 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING COMPLEX, BENGALURU-560 001. 2. SHOBHA W/O. VENKATESHAPPA AGED ABOUT 35 YEARS, RESIDING AT PILLAGUNDLAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE - 562 104 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA HCGP FOR R1) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR - 3 - HC-KAR NC: 2025:KHC:28544 CRL.P No. 5571 of 2025 REGISTERED AGAINST THE PETITIONER IN CRIME NO.33/2025 OF PERESANDRA POLICE STATION, FOR THE ALLEGED OFFENCES P/U/S. 126, 189, 190, 309, 330. 331, 74 PENDING ON THE FILE OF HONBLE PRL. CIVIL JUDGE AND JMFC, GUDIBANDE, CHIKKABALLAPRUA. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief: i) Wherefore, the petitioners/accused No.1 to 4 and 7 prays that this Hon'ble Court be pleased to allow the petition and quash the FIR registered against the petitioners in Crime No.33/2025 of Peresandra Police Station for the offence punishable under Sections 126, 189, 190, 309, 330, 331, 74 pending on the file of Hon'ble Principal Civil Judge and JMFC, Gudibande, Chikkaballapura, in the interest of justice. 2. Learned counsel for the petitioner has filed a memo, seeking leave of this Court to withdraw the petition. 3. The memo is placed on record. 4. The Memo reads as under: "It is respectfully submitted that the petitioners, who are the accused No.1 to 4 and 7 in Crime No.33/2025, filed the instant petition challenging the registration of FIR against them at the stage of investigation. Subsequently, the - 4 - HC-KAR NC: 2025:KHC:28544 CRL.P No. 5571 of 2025 respondent No.1/Police filed the charge sheet before the learned Civil Judge and JMFC, Gudibande and after taking Cognizance the case has been registered in CC No.209/2025 against the petitioners. The petitioners also filed Crl.P.No.9888/2025 challenging the charge sheet and order of taking cognizance dated 14.05.2025 and this Hon'ble Court in the said petition after hearing was please to grant an interim order of stay, staying all further proceedings in C.C.No.209/2025, pending on the file of learned Civil Judge and JMFC, Gudibande. In view of the same the instant petition would not survive for consideration. THEREFORE, it is respectfully prayed that this Hon'ble Court may kindly be please to permit the petitioners to withdraw the petition with liberty to prosecute the Crl.P.No.9888/2025, in the interest of justice." 5. The petition stands dismissed as withdrawn in terms of the memo. Sd/- (S.R.KRISHNA KUMAR) JUDGE HR