Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:30455 CRL.P No. 11061 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11061 OF 2025 BETWEEN:
SRI. R. MOHAN KUMAR S/O RAMESH KUMAR, AGED ABOUT 40 YEARS, R/AT NO.23/186, SRI VENKATESHWARA KRUPA, 1ST CROSS, MUNESHWARA LAYOUT, KATTIGENAHALLI, AFS YELAHANKA POST, BENGALURU - 560 063. &PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY YELAHANKA POLICE STATION, BENGALURU CITY REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2.
SMT. SHAMALASHREE W/O R MOHAN KUMAR, D/O K. VENKATESHAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO. 8, 2ND CROSS, MAHALAKSHMI DRUSTI ENCLAVE,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:30455 CRL.P No. 11061 of 2025
NEAR RING ROAD, BANDIPALYA SIGNAL, MYSORE DIST., MYSORE - 570 008. &RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1;
VIDE ORDER DATED 05.08.25, NOTICE TO R2 DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO DIRECT THE LEARNED VII ACJM, BENGALURU CITY TO SPEEDY DISPOSE THE PROCEEDINGS IN CC.NO.9727/2022, PENDING BEFORE VII ACJM, BENGALURU CITY, FOR THE OFFENCES P/U/S 498(A), 323, 326, 504, 506, 342, 354, 114 R/W 34 OF IPC, U/S 3 AND 4 OF D.P ACT, 1961.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition is filed seeking direction to the Court below to expedite the trial pending in C.C.No.9727/2022, on the file of VII Addl.Chief Judicial Magistrate, Bengaluru City for the offences punishable under Sections 498(A), 323, 326, 504, 506, 342, 354, 114 read with Section 34 of IPC and 3 and 4 of D.P Act, 1961.
2.
Learned counsel for the petitioner, reiterating the grounds urged in the petition, would submit that this is a fit case for issuance of an appropriate direction to the
- 3 -
HC-KAR NC: 2025:KHC:30455 CRL.P No. 11061 of 2025
trial Court. It is contended that pursuant to the registration of the crime, the petitioner has been removed from his substantive post of Airport Manager and is presently engaged only on a daily-wage basis, which has caused severe financial and professional hardship.
3. The petitioner9s primary grievance is that the criminal proceedings, which were initiated in 2022, are still pending without substantial progress. According to him, the delay is largely attributable to the non-cooperation of his wife/respondent No.2 in facilitating the early disposal of the matter. It is submitted that the protracted pendency of the case is not only causing mental agony but is also adversely affecting his livelihood and career prospects.
4. While this Court cannot fix a rigid timeline for disposal of the case or issue any blanket direction in that regard, it is of the view that criminal proceedings particularly those which have a direct bearing on the petitioner9s employment and livelihood ought to be
- 4 -
HC-KAR NC: 2025:KHC:30455 CRL.P No. 11061 of 2025
decided at the earliest in the interest of justice. The petitioner is therefore at liberty to move an appropriate application before the learned Magistrate, bringing to notice the prejudice caused to him on account of the pendency. If the trial Court finds the reasons assigned by the petitioner to be genuine, it shall make all reasonable endeavour to expedite the trial and bring the proceedings to an early conclusion.
5. Accordingly, the Criminal Petition is disposed of.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
CH List No.: 1 Sl No.: 45 CT: BHK