- 1 - NC: 2025:KHC-D:3693 CRL.P No. 103682 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103682 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: AKSHAY S/O. DIVEKAR MOGER AGED ABOUT 29 YEARS, OCC. PRIVATE EMPLOYEE, R/AT. MARATIKOPPA, SIRSI, DIST. UTTARA KANNADA-581402. …PETITIONER (BY SRI. SHRINIVAS KRISHNA NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA NEW MARKET POLICE STATION, SIRSI, REP. BY SPP, HIGH COURT BUILDING, DHARWAD. 2. NARAYAN S/O. VISHWANATH HEGDE AGED ABOUT 38 YEARS, OCC. BUSINESS, R/O. MARATIKOPPA, SIRSI, DIST. UTTARA KANNADA-581402. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO CALL FOR ENTIRE RECORDS OF PROCEEDINGS IN CC NO.297/2019 FOR THE OFFENCE PUNISHABLE U/S 380 AND 457 OF IPC, PENDING BEFORE THE COURT OF PRL.CIVIL JUDGE AND JMFC AT, SIRSI AND CONSEQUENTLY QUASH THE FIR NO.147/2014 DATED 13.12.2014 REGISTERED AT NEW MARKET POLICE STATION, SIRSI, FOR THE OFFENCE PUNISHABLE U/S 380 AND 457 OF IPC AND QUASH THE ENTIRE PROCEEDINGS IN CC NO.497/2014 PENDING BEFORE THE COURT OF PRL.CIVIL JUDGE AND JMFC AT SIRSI, IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:57 +0530 - 2 - NC: 2025:KHC-D:3693 CRL.P No. 103682 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who is facing trial for offences punishable under Sections 380 and 457 of the IPC, is before this Court seeking relief. 2. The learned Additional Government Advocate for the respondent–State submitted that the trial has commenced and that charge-sheet witnesses have been examined. Therefore, the ground urged by the petitioner—that the prosecution has not established his guilt beyond all reasonable doubt—cannot be considered in this petition. In view of the said submission, the petition is dismissed, and the petitioner is permitted to raise these grounds before the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 49