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2025 DAILYLAW 44611 (KAR)

SHRI. MAHESH S/O BHASKARACHARYA KANCHAGAR v. THE STATE OF KARNATAKA

CRL.P/103672/2024 · 2025-03-04

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103672 OF 2024 (439(2)(Cr.PC)/483(3)(BNSS)) C/W CRIMINAL PETITION NO. 103676 OF 2024 CRIMINAL PETITION NO. 103677 OF 2024 IN CRL.P.NO.103672-2024: BETWEEN: SHRI MAHESH S/O. BHASKARACHARYA KANCHAGAR, AGE: 36 YEARS, OCC. LAND DEVELOPER, R/O. CHIKKERUR, TQ. HIREKERUR, AT PRESENT: BHEERALINGESHWAR NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS P.S.I., HAVERI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. GAUTAM S/O. TEEKAMCHAND JAIN, AGE: 45 YEARS, OCC. BUSINESS, R/O. RANGANATH NAGAR, NEAR LAXMIDEVI TEMPLE, RANEBENNUR, DIST. HAVERI-581115. 3. MEENABAI W/O. MAHENDRAKUAR JAIN, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024 AGE: 50 YEARS, OCC. HOUSEHOLD WORK, R/O. RANGANATH NAGAR, BEHIND SANGAM TALKIES, RANEBENNUR, DIST. HAVERI-581115. 4. BHARATH S/O. TIKAMCHAND JAIN, AGE: 53 YEARS, OCC. BUSINESS, R/O. RANGANATH NAGAR, NEAR LAXMIDEVI TEMPLE, RANEBENNUR, DIST. HAVERI-581115. 5. SUVITH S/O. BHARAT JAIN, AGE: 29 YEARS,, OCC. BUSINESS, R/O. RANGANATH NAGAR, BEHIND SANGAM TALKIES, RANEBENNUR, DIST. HAVERI-581115. 6. MAHENDRAKUMAR S/O. MANMAL DAYAJI JAIN, AGE: 55 YEARS, OCC. BUSINESS, R/O. RANGANATH NAGAR, BEHIND SANGAM TALKIES, RANEBENNUR, DIST. HAVERI-581115. 7. MAHENDRAKUMAR S/O. VANECHAND JAIN, AGE: 48 YEARS, OCC. BUSINESS, R/O. NO. 610, BINNI COMPANY ROAD, DAVANAGERE, DIST. DAVANAGERE-577001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI PRUTHVIRAJ P. HITTALAMANI, ADVOCATE FOR R2-R7) THIS CRIMINAL PETITION IS FILED UNDER SECTION UNDER SECTION 483(3) OF BNSS, 2023, SEEKING TO SET-ASIDE ORDER DATED 12.09.2024 IN CRL.MISC NO.795/2024 (CRIME NO.135/2024 OF HAVERI TOWN P.S.) BY COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR OFFENCES PUNISHABLE UNDER SECTIONS 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B R/W. SECTION 34 OF IPC AND TO CANCEL THE BAIL GRANTED TO THE 2ND TO 7TH RESPONDENTS HEREIN/ACCUSED NOS. 1 TO 6 RESPECTIVELY IN CRIME NO.135/2024 OF HAVERI TOWN P.S. - 3 - NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024 IN CRL.P.NO.103676-2024: BETWEEN: SHRI MAHESH S/O. BHASKARACHARYA KANCHAGAR, AGE: 36 YEARS, OCC. LAND DEVELOPER, R/O. CHIKKERUR, TQ. HIREKERUR, AT PRESENT: BHEERALINGESHWAR NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS P.S.I., HAVERI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. RAMAKRISHNA L. AGE: 58 YEARS, OCC. GOVT SERVANT, R/O. SENIOR SUB REGISTRAR, OKIPB ROAD, DAVANAGERE, TQ. AND DIST DAVANAGERE-577001. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 (3) OF BNSS, SEEKING TO SET-ASIDE ORDER DATED 07.10.2024 IN CRL.MISC.NO.844/2024 (CRIME NO.135/2024 OF HAVERI TOWN P.S.) BY THE COURT OF PRL.DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR OFFENCES PUNISHABLE UNDER SECTIONS 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B, R/W. SECTION 34 OF IPC AND CANCEL THE BAIL GRANTED TO THE 2ND RESPONDENT HEREIN/ACCUSED NO.8 IN CRIME NO.135/2024 OF HAVERI TOWN P.S. - 4 - NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024 IN CRL.P.NO.103677-2024: BETWEEN: SHRI MAHESH S/O. BHASKARACHARYA KANCHAGAR, AGE: 36 YEARS, OCC. LAND DEVELOPER, R/O. CHIKKERUR, TQ. HIREKERUR, AT PRESENT: BHEERALINGESHWAR NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115. …PETITIONER (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS P.S.I., HAVERI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. NAGARAJ H.D. S/O. H.DURGAPPA, AGE: 55 YEARS, OCC. BUSINESS, R/O. NIJALINGAPPA BHADAVANE, 3RD MAIN DAVANAGERE, TQ. AND DIST. DAVANAGERE-577001. …RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1; SRI SRINAND A. PACHCHAPURE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 483(3) OF BNSS, SEEKING TO SET-ASIDE ORDER DATED 07.10.2024 IN CRL.MISC.NO.843/2024 (CRIME NO.135/2024 OF HAVERI TOWN P.S.) BY THE COURT OF PRL.DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR OFFENCES PUNISHABLE UNDER SECTIONS 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B, R/W. SECTION 34 OF IPC AND CANCEL THE BAIL GRANTED TO THE 2ND RESPONDENT HEREIN/ACCUSED NO.7 IN CRIME NO.135/2024 OF HAVERI TOWN P.S. - 5 - NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Learned counsel for respondent Nos.2 to 7 has filed a memo for production of document. Memo reads as under: “The respondent Nos.2 to 7 begs to submit as under: It is submitted that; the respondent No.1 police have filed the B report in Crime No.135/2024 as against the present respondents No.2 to 7. The respondents were released on anticipatory bail in connection with Crime No.135/2024 for offences punishable under Section 307, 329, 330, 331, 348, 359, 420, 463, 466, 120B R/w Section 34 of IPC. Hence, the respondents No.2 to 7 seeks the leave of this Hon’ble Court to produce the B report dated 25.01.2025, for kind perusal of this Hon’ble court, in the interest of justice.” Placing the memo on record, petition stands disposed of. However, the petitioner is at liberty to challenge the B report in accordance with law. Sd/- (V.SRISHANANDA) JUDGE KAV CT:PA List No.: 1 Sl No.: 10