SANGEETA W/O SADASHIV HEGGANAIK v. THE STATE OF KARNATAKA
WP/102664/2025 · 2025-04-22
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53347 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53347 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6727 WP No. 102664 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT PETITION NO.102664 OF 2025 (GM-RES)
BETWEEN:
SANGEETA W/O. SADASHIV HEGGANAIK, AGE: 34 YEARS, OCC: HOUSEWIFE, R/O: PATIL GALLI, NEW VANTAMURI VILLAGE, TQ: BELAGAVI, DIST: BELAGAVI – 591 156. …PETITIONER (BY SRI. SHRIPRASAN J. JOSHI, SMT. VIDYASHREE SULDHAL & SRI. C.H.NAIK, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA, THROUGH: KAKATI P.S., BELAGAVI, REPRESENTED BY: S.P.P., HIGH COURT OF KARNATAKA, DHARWAD. 2. KAMALAVVA W/O. LAGAMAPPA GADAKARI, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O: BASAVESHWARA GALLI, HOSA VANTAMURI, TQ: DIST: BELAGAVI – 591 156. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1;
V/O DATED: 22.04.2025, NOTICE TO R2 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 CR.P.C. (528 B.N.S.S.) PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 19/03/2025 IN S.C. 76/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 114, 117, 326, 353, 354, 355, 392, 504, 506, 34, 37, 143, 147, 148, 341, 342, 327, 324, 323, 307, 452, 427, 354(B) AND 149 OF I.P.C. AND UNDER SECTION 2(A) OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT 1981 PENDING BEFORE THE X ADDITIONAL
Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:6727 WP No. 102664 of 2025
DISTRICT AND SESSIONS COURT, BELAGAVI INSOFAR AS REFUSING TO PROVIDE A COPY OF EXHIBITS 58(A) TO (G) TO THE PETITIONER IS CONCERNED MARKED AT ANNEXURE-C. ISSUE A WRIT OF MANDAMUS AND DIRECT THE TRIAL COURT TO FURNISH A COPY OF THE EXHIBITS MARKED AS 58(A) TO (G) TO THE PETITIONER HEREIN. GRANT ANY OTHER RELIEF DEEMED FIT BY HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER
CORAM: THE HON'BLE MR.
JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
The petitioner –accused No.8 is facing trial for offences punishable under Sections 143, 147, 148, 341, 342, 327, 324, 323, 307, 452, 427, 354(B), 109, 114, 117, 326, 353, 354, 355, 392, 504, 506, 34, 37, and 149 of the Indian Penal Code, and under Section 2(A) of the Prevention of Destruction and Loss of Property Act, and is before this Court seeking relief. 2. During the course of the prosecution’s evidence, documents marked as Ex.P.58(A) to (G), which form part of the charge sheet, were produced. The petitioner –accused No.8 requested that the trial Court furnish certified copies of these documents. - 3 -
NC: 2025:KHC-D:6727 WP No. 102664 of 2025
However, the trial Court did not grant the request, stating that the petitioner may examine the documents at the time of cross - examination. 3. Heard the learned counsel for the petitioner – accused No.8 and the learned Additional Government Advocate for respondent No.1. 4. Section 207 of the Cr.P.C. states that, in any case where proceedings have been instituted on the basis of a police report, the Magistrate shall, without delay and free of cost, furnish the accused with a copy of each document enumerated in the report, including any other documents or relevant extracts thereof that were forwarded to the Magistrate with the police report under Sub-section 5 of Section 173 of the Cr.P.C.
5. Admittedly, the documents marked as Ex.P.58(A) to (G) form part of the charge sheet, and the trial Court was obligated to supply certified copies of these documents free of cost under Section 207 of the Cr.P.C.
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NC: 2025:KHC-D:6727 WP No. 102664 of 2025
6. Therefore, it is expedient to dispose of the petition by directing the learned X Additional District and Sessions Court, Belagavi, to supply certified copies of the documents marked as Ex.P.58(A) to (G) in S.C. No.76/2024 within one week from the date of receipt of this order. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DSP CT-ASC List No.: 2 Sl No.: 1