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2025 DAILYLAW 53966 (KAR)

GOPAL v. STATE OF KARNATAKA BY

CRL.P/6574/2025 · 2025-07-15

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26125 CRL.P No. 6574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6574 OF 2025 BETWEEN: 1. GOPAL, S/O SAMPANGI AGED ABOUT 33 YEARS R/AT NO.1345/2, SRI RAMA TEMPLE STREET, VENKATESHPURAM, K.G HALLI, BENGALURU-560045 …PETITIONER (BY SRI. SRIDHARAMURTHY G.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY KADUGONDANA HALLI P.S, BENGALURU - 560045 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01) 2. NAGARAJU NAIDALAGI S/O NOT KNOWN, AGE ABOUT 36 YEARS, O/AT SUB INSPECTOR OF POLICE, K.G HALLI POLICE STATION, K.G HALLI, BENGALURU-560045. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01) …RESPONDENTS (BY SMT SOWMYA R.,ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26125 CRL.P No. 6574 of 2025 CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.37254/2022 ON THE FILE OF HONBLE XI ADDL. CMM AT BENGALURU WHICH IS ARISING OUT OF CR.NO.585/2018 OF K.G. HALLI POLICE STATION, FOR OFFENCES P/U/S 298, 511 AND 201 OF IPC AND 66 OF I.T. ACT AS AN ABUSE OF PROCESS OF LAW AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: "Wherefore, the petitioner above named most humbly pray that this Hon'ble court be pleased to quash the entire proceedings in CC No.37254/2022 on the file of Hon'ble XI Addl. Chief Metropolitan Magistrate at Bengaluru which is arising out of Crime No.585/2018 of K.G. Halli Police Station, for offences Punishable under Section 298, 511 and 201 of IPC and 66 of IT Act as an abuse of process of law and grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice." 2. After arguing the matter for sometime, learned counsel for the petitioner-accused submits that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to file an application, seeking discharge/file - 3 - HC-KAR NC: 2025:KHC:26125 CRL.P No. 6574 of 2025 application for discharge, in C.C.No.37254/2022, which may be directed to be considered by the Trial Court in accordance with law. 3. His submission is placed on record. The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner-accused to seek discharge/file application for discharge, before the Trial Court, in accordance with law, which shall consider the same and proceed further in accordance with law. 4. All rival contentions including the contentions urged by the petitioner in the present petition are kept open and no opinion is expressed on the same. 5. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE HR