- 1 - NC: 2025:KHC-K:976 CRL.P No. 201496 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201496 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AMARESH S/O AYYAPPA BANNIGIDA, AGE: 37 YEARS, OCC: AGRICULTURE. 2. VEERESH S/O SHARANAPPA BANNIGIDA, AGE: 34 YEARS, OCC: AGRICULTURE. 3. VEERESH S/O AYYAPPA BANNIGIDA, AGE: 35 YEARS, OCC: AGRICULTURE. 4. EARANNA S/O DODDANNA BANNIGIDA, AGE: 45 YEARS, OCC: AGRICULTURE. 5. PAMPAPATHI S/O SANGANNA BANNIGIDA, AGE: 55 YEARS, OCC: AGRICULTURE. 6. BASAVARAJ S/O AYYAPPA BANNIGIDA, AGE: 45 YEARS, OCC: AGRICULTURE. 7. BASAVARAJ S/O SHARANAPPA BANNIGIDA, AGE: 35 YEARS. OCC: GOVT. SERVANT. 8. BASAVARAJ S/O VIRUPAXI BANNIGIDA, AGE: 35 YEARS, OCC: AGRICULTURE, ALL ARE R/O. RANGAPUR VILLAGE, MASKI TALUK, RAICHUR DISTRICT-584101. …PETITIONERS (BY SRI MAHANTESH PATIL, ADVOCATE) Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:976 CRL.P No. 201496 of 2024 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107, THROUGH BALAGANOOR PS, TQ. MASKI, DIST. RAICHUR-584126. 2. SHARANAPPA S/O SHIVARUDRAPPA BANNIGIDA, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. RANGAPUR VILLAGE, TQ. MASKI, DIST. RAICHUR-584126. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 V/O DATED 4.12.2024 NOTICE TO R2 IS DEFERRED) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO QUASH THE ORDER DATED 05-11-2024 IN SC NO. 133/2019 PASSED BY THE LEARNED III ADDL. DIST. AND SESSIONS JUDGE, RAICHUR, SITTING AT SINDHANUR, FILED U/SEC. 216 OF CR.P.C BY THE PETITIONERS AND CONSEQUENTLY ALLOW THE PRAYER AS SOUGHT IN THE SAID APPLICATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY - 3 - NC: 2025:KHC-K:976 CRL.P No. 201496 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Learned counsel for the petitioners after arguing the matter for some time, submits that, the petition may be disposed of, with liberty to the petitioner to raise the contention urged in the application filed by him under Section 216 of Cr.P.C., and the trial Court may be directed to consider the said contentions during the final disposal of the case on its merits without being influenced by the observations made by it, while disposing of the application filed by the petitioner under Section 216 of Cr.P.C. 2. His submission is placed on record. 3. Accordingly, the petition is dismissed as not pressed, reserving liberty to raise the contention urged by the petitioner before the trial Court in the application filed by him under Section 216 of Cr.P.C., and such contention shall be considered by the trial Court during the final - 4 - NC: 2025:KHC-K:976 CRL.P No. 201496 of 2024 disposal of the case on its merits, without being influenced by its observations made while passing the orders on the application filed by the petitioner under Section 216 of Cr.P.C. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 28