- 1 - NC: 2025:KHC-D:7150 CRL.P No. 101831 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 06TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 101831 OF 2025 (482 OF CR.P.C./528 OF BNSS) BETWEEN: SHRIKANTH S/O. MALAPPA ABBIGERI AGE. 38 YEARS, OCC. POLICE CONSTABLE, R/O. GANGAVATHI RURAL P.S., TQ. GANGAVATHI, DIST. KOPPAL-583227. …PETITIONER (BY SRI H.N.GULARADDI, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY TAVARAGERA PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT DHARWAD, DIST. DHARWAD-580011. 2. TIMMANNA, PSI AGE. 33 YEARS, OCC. POLICE OFFICER, R/O. TAVARAGERA PS, KUSTHAGI, DIST. KOPPAL-583279 …RESPONDENTS (BY SRI RAMESH CHIGARI, ADDITIONAL GOVERNMENT ADVOCATE.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO QUASH FIR, COMPLAINT AND CHARGE SHEET FILED AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.05.06 17:20:47 +0530 - 2 - NC: 2025:KHC-D:7150 CRL.P No. 101831 of 2025 SECTION 380 OF IPC IN TAVARAGERA P.S. CRIME NO.77/2023, WHICH IS REGISTERED AS C.C.NO.356/2025, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC, KUSHTAGI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned Additional Government Advocate is directed to take notice for the respondents. 2. This petition is filed under section 482 of the Criminal Procedure Code, 1973/Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings initiated for the offence punishable under section 380 of the Indian Penal Code, 1860 (‘IPC’ for short), registered in C.C.No.356/2025, on the file of Additional Civil Judge and JMFC, Kushtagi. 3. Heard the arguments on both the sides. 4. On the basis of the complaint filed by Timmanna, Sub-Inspector of Police, Tavaragera Police have registered a crime for the offence punishable under section 380 of IPC - 3 - NC: 2025:KHC-D:7150 CRL.P No. 101831 of 2025 against the accused Shrikanth. After investigation, the Investigating Officer has submitted charge sheet against this accused for the offence punishable under section 380 of IPC. After filing of the charge sheet, cognizance was taken by the jurisdictional Magistrate and case was registered in C.C.No.356/2025 for the offence punishable under section 380 of IPC. 5. On a perusal of the material placed before me, I am not inclined to quash the proceedings against the petitioner. However, liberty is given to the accused/petitioner to file necessary application before the jurisdictional Magistrate for discharge of the accused as the alleged commission of offence is a warrant case instituted by the police. Accordingly, I proceed to pass the following: ORDER The petition is disposed of without expressing any opinion on merits of the case, with a liberty to the petitioner to file necessary application before the jurisdictional Magistrate to discharge the accused for the alleged - 4 - NC: 2025:KHC-D:7150 CRL.P No. 101831 of 2025 commissioner of offence. If such an application is filed, the jurisdictional Magistrate is directed to dispose of the same in accordance with law. Sd/- (G BASAVARAJA) JUDGE MRK/- CT-CMU LIST NO.: 1 SL NO.: 22