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2025 DAILYLAW 44151 (KAR)

KENCHAPPA S/O. BASAPPA KURIYAVAR v. STATE OF KARNATAKA

CRL.P/101259/2025 · 2025-03-10

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4504 CRL.P No. 101259 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101259 OF 2025 BETWEEN: KENCHAPPA S/O. BASAPPA KURIYAVAR, AGED ABOUT 43 YEARS, R/O: HALENIDANEGILU, HIREKERUR TALUK, PIN – 581 111, HAVERI DIST. …PETITIONER (BY SRI S.S.KAKHANDKI, ADVOCATE FOR SRI PARASHURAM R. HATTARAKIHAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY HIREKERUR P.S., REP. BY SPP, HIGH COURT BUILDINGS, DHARWAD – 580001. 2. SMT. BHARATHI W/O. LATE MALLIKARJUN BARAGI, AGED ABOUT 34 YEARS, R/O: KATAGERE, BADAMI TALUK, BAGALKOT DISTRICT, PIN – 587 201. AND ALSO RESIDING AT TAMBAKADA NAGARA, HIREKERUR, HAVERI DIST., CELL NO.9611112948 …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/S 438 OF BNSS, 2023, PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN SC NO.125/2024 PENDING ON THE FILE OF THE II ADDL. DISTRICT AND S.J., HAVERI, SITTING AT RANEBENNUR, AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES UNDER SECTIONS 383, 384, 306, 504 Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4504 CRL.P No. 101259 of 2025 AND 506 READ WITH SECTION 34 OF IPC. PASS ANY APPROPRIATE ORDER OR DIRECTION AS DEEM FIT AND PROPER TO THIS HON’BLE COURT TO THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.3 under Section 438 of BNSS, 2023 praying to quash proceedings in S.C.No.125/2024 pending on the file of II Addl. District and Sessions Judge, Haveri sitting at Ranebennur registered for offences punishable under Sections 383, 384, 306, 504 and 506 r/w Section 34 of IPC. 2. The petitioner/accused No.3 along with accused No.4 has filed Crl.P.No.101076/2025 under Section 482 r/w 528 of BNSS, 2023 praying to quash the proceedings in S.C.No.125/2024 registered for offences punishable under Sections 383, 384, 306, 504, 506 r/w Section 34 of IPC and the said petition is filed on 12.02.2025. The present petition is filed on 21.02.2025. As on the date of filing of the present petition, earlier petition filed by the - 3 - NC: 2025:KHC-D:4504 CRL.P No. 101259 of 2025 petitioner along with another is pending. The present petition is the second petition and therefore, it is not maintainable. Hence, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM CT-ASC List No.: 1 Sl No.: 9