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2025 DAILYLAW 54664 (KAR)

LOKESHAPPA H S v. THE STATE OF KARNATAKA

WP/2684/2025 · 2025-07-15

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26510 WP No. 2684 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 WRIT PETITION NO.2684 OF 2025 (GM-RES) BETWEEN: LOKESHAPPA H.S., S/O SHANKARAPPA, AGED ABOUT 43 YEARS, NO.306, 3RD FLOOR, POLICE QTRS, CHAMARAJAPETE, BENGALURU – 560 018 …PETITIONER (BY SRI. SHYAM SUNDAR, SENIOR COUNSEL FOR SMT. VANDANA P.L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HIGH GROUND P.S. REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BANGALORE – 560 001 2. MR. NARASIMHAMURTHY P. AGED ABOUT 50 YEARS, POLICE OFFICER DY.S.P, FIU, CID, BANGALORE CITY – 560 001 3. THE DY. SUPERINTENDENT OF POLICE, FIU DIVISION, CID BANGALORE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – 560 001 4. THE SUPERINTENDENT OF PLOICE FIU-CID, BANGALORE REPRESENTED BY SPP, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26510 WP No. 2684 of 2025 HIGH COURT OF KARNATAKA, BANGALORE – 560 001 …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. PRASANNA KUMAR P., ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH IN SO FAR AS THE PETITIONER IS CONCERNED THE VARIOUS CHARGE SHEETS (1 PRIMARY AND 26 ADDITIONAL) FILED BY THE RESPONDENTS 3 AND 4, BANGALORE IN RESPECT OF SPL.C.590/2023 AROSE OUT OF CRIME NO.60/2022 IN FIR OF HIGH GROUNDS POLICE STATION, BANGALORE (COMPLAINT DATED 30.04.2022) ARRAIGNING THE PETITIONER AS ACCUSED NO.26 AND IMPUTING HIM OF THE OFFENCES PUNISHABLE OFFENCES PUNISHABLE UNDER 120(B), 36, 409, 420, 465, 468, 471, VIDE ANNEXURES-A, B, AND C THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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: “Issue an appropriate writ quashing in so far as the petitioner is concerned the various chargesheets (1 primary and 26 additional) filed by the Respondents 3 and 4, Bangalore in respect of Spl.C.590/2023 arose out of crime No.60/2022 in FIR of the High Grounds Police Station, complaint dated 30.04.2022 arraigning the Petitioner as Accused No.26 and imputing him of the offences punishable under 120(B), 36, 409, 420, 465, 468, 471, vide Annexures – C, A & B.” - 3 - HC-KAR NC: 2025:KHC:26510 WP No. 2684 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for the respondent and perused the material on record. 3. Learned Senior Counsel for the petitioner would reiterate the various contentions urged in the petition and submits that the material on record comprising of FIR, complaint and charge sheet material, statement of witnesses do not make out offences as against the petitioner – accused No.26 and as such, the impugned proceedings deserves to be quashed. 4 Per contra learned HCGP for respondent No.1 and learned counsel for respondent Nos.2 to 4 would file statement of objections along with documents in order to point out that there is Triable case as against petitioner – accused No.26 as well as other accused persons. 5. At this stage, learned Senior Counsel for the petitioner submits that without prejudice to the rights and contentions of the parties, petition may be disposed of with liberty to file discharge application before the Trial Court. 6. The said submission is placed on record. - 4 - HC-KAR NC: 2025:KHC:26510 WP No. 2684 of 2025 7. According, the petition is disposed of as withdrawn reserving liberty in favour of the petitioner to file an appropriate discharge application before the Trial Court, who shall consider the same, in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 18