- 1 - HC-KAR NC: 2025:KHC:39395 WP No. 30142 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 30142 OF 2025 (GM-RES) BETWEEN: 1. MR. MANJUNATHA S/O B K MOHAN AGED ABOUT 39 YEARS R/AT O S M ROAD BHADRAVATHI SHIVAMOGGA DISTRICT - 577 227. 2. MR. BASAVA S/O SANGAMESHWAR AGED ABOUT 37 YEARS R/AT O S M ROAD, BHADRAVATHI SHIVAMOGGA DISTRICT - 577 227. 3. MR. RAVI KUMAR S/O K M MOHAN AGED ABOUT 40 YEARS R/AT O S M ROAD, BHADRAVATHI SHIVAMOGGA DISTRICT - 577 227. 4. MR. UMAR KHAN S/O SAMIVULLA KHAN AGED ABOUT 28 YEARS R/AT MADHAVA NAGARA NEAR MEENA NURSING HOME HOSAMENE BHADRAVATHI SHIVAMOGGA DISTRICT - 577227. …PETITIONERS (BY SRI. M.S.SHYAM SUNDAR, SENIOR ADVOCATE FOR SMT. VANDANA P.L., ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39395 WP No. 30142 of 2025 AND: 1. STATE OF KARNATAKA BY BHADRAVATHI OLD TOWN P S REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SRI. NAKUL REVENKAR S/O JAGADEESH K. REVENKAR AGED ABOUT 49 YEARS KANAKA NAGARA 3RD CROSS, BHADARAVATHI SHIVAMOGGA DISTRICT - 577 227. …RESPONDENTS (BY SRI. B. LAKSHMAN, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN S.C.NO.5066/2021 ARISING OUT OF COMPLAINT DATED 01.03.2021 AND FIR IN CRIME NO.23/2021 OF BHADRAVATI OLD TOWN P.S. FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 323, 504, 506, 149, 307, 147 AND 143 OF IPC ARRAIGNING THE PRESENT PETITIONERS AS ACCUSED NO.3, 4, 5 AND 14 RESPECTIVELY, PENDING ON THE FILE OF HON'BLE IV ADDL. DISTRICT JUDGE, SHIVAMOGGA SITTING AT BHADRAVATHI (VIDE ANNEXURE -A, B AND C) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:39395 WP No. 30142 of 2025 ORAL ORDER Heard the learned counsel appearing for the petitioners. 2. Learned counsel appearing for the petitioners submits that pertaining to an incident that took place on 28.02.2021 at about 10.30 pm, an FIR came to be registered at 01.30 am on 01.03.2021 for the offences punishable under Sections 143, 147, 307, 323, 504, 506 and 507 read with Section 149 of IPC in Cr.No.23/2021 of Bhadravathi Old Town PS. Thereafter, some people visited the hospital where the injured were taking treatment and a scuffle ensued. Another complaint was lodged at 01.45 am, which was registered in Non-Cognizable Case No.109/2021 of Old Town PS, Bhadravathi and later, after obtaining the permission from the Magistrate, converted as Cr.No.26/2021. It is submitted that Cr.No.26/2021 has been stayed by this Court in W.P.No.23571/2025. He further submits that the incident that took place at 10.30 pm and the incident that took place in the hospital at - 4 - HC-KAR NC: 2025:KHC:39395 WP No. 30142 of 2025 01.45 am are pertaining to the same transaction and therefore, the Investigating Officer could not have filed two separate charge sheets in respect of the same. 3. The perusal of the records reveal that in respect of Kabaddi Tournament, there was an incident at 10.30 pm, where certain people were injured. When they were taken to the hospital and were taking treatment, another set of people including the local MLA visited the hospital where one more scuffle took place resulting in a Non- Cognizable Case No.109/2021 and later, converted to Cr.No.26/2021 for the offences punishable under Sections 323, 504, 506 read with Section 34 of IPC. 4. Evidently, Cr.No.26/2021, which pertains to the incident that took place in the hospital at 01.45 am, has been stayed by this Court. It is relevant to note that there cannot be any dispute that the two incidents are pertaining to the Kabaddi Tournament and that took place one after the other in continuity. This aspect is not disputed by the prosecution. - 5 - HC-KAR NC: 2025:KHC:39395 WP No. 30142 of 2025 5. If the charges are framed in the charge sheet filed in respect of Cr.No.23/2021 (regarding the incident that took place at 10.30 pm on 28.02.2021), result in two different trials for the offence, which had taken place in continuity. 6. Learned counsel appearing for the petitioners relies on the judgment in the case of ANJU CHAUDHARY VS. STATE OF UTTAR PRADESH AND ANOTHER1 in this regard. Since the trial in Cr.No.26/2021 has been stayed, the trial in Cr.No.23/2021 may have to suffer, if the Court comes to the conclusion that the trial in Cr.No.26/2021 is also to be held along with trial in Cr.No.23/2021. 7. In that view of the matter, learned counsel appearing for the petitioners is at liberty to make a submission to the trial Court, which is holding the trial in Cr.No.23/2021 to wait for sometime. The trial Court may have to wait till the disposal of WP.No.23571/2025. 1 (2023) 6 SCC 384 - 6 - HC-KAR NC: 2025:KHC:39395 WP No. 30142 of 2025 8. On such submission being made by the learned counsel for the petitioners, the trial Court may consider the same and also the effect of the judgment of the Apex Court in the case of ANJU CHAUDHARY (Supra). 9. The petition is disposed of with such directions. Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 22