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2025 DAILYLAW 59542 (KAR)

PAKADYA ALIAS MUTTAPPA BHIMAPPA TALAWAR v. STATE OF KARNATAKA

CRL.P/103680/2025 · 2025-09-24

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13502 CRL.P No. 103680 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 103680 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: PAKADYA ALIAS MUTTAPPA BHIMAPPA TALAWAR AGED ABOUT 29 YEARS, OCC: DRIVER, R/O. HIREPADASALAGI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. …PETITIONER (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH JAMKHANDI TOWN PS, TQ. JAMKHANDI, DIST. BAGALKOT-587301. 2. MALLAPPA S BUJURUK AGED ABOUT 38 YEARS, OCC: GOVT. OFFICIAL GAZETTED, R/O. AGRICULTURE OFFICER, JAMKHANDI, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13502 CRL.P No. 103680 of 2025 DIST. BAGALKOT-587301 R/BY HIGH COURT GOVT. PLEADER, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENTS (BY SRI. B N JAGADEESHA, ADDL. SPP A/W SRI. PRAVEEN YELLAREDDY, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973/U/S. 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 2605/2023 REGISTERED AGAINST THE PETITIONER ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, JAMKHANDI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 171H OF THE INDIAN PENAL CODE, 1860 AND UNDER SECTION 192A OF MOTOR VEHICLES ACT, 1988, INSOFAR AS IT PERTAINS TO THE PETITIONER (ACCUSED NO.2) AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC-D:13502 CRL.P No. 103680 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN) 1. The petitioner is before this Court calling in question the proceedings in C.C.No.2605/2023 registered for the offences punishable under Section 171H of the Indian Penal Code, 1860 and under Section 192A of the Motor Vehicles Act, 1988, pending before the Principal Civil Judge and JMFC, Jamkhandi. 2. Heard Sri.Girish A.Yadawad, learned counsel appearing for the petitioner and Sri.Jagadeesha B N, learned Additional State Public Prosecutor for respondent No.1. 3. The facts of the case on hand would revolve round the usage of a Hyundai Creta Car and a Backhoe loader (JCB) without the permission of the Election Officer at the time of filing of nomination by Accused No.1, for the election then ensuing for the Legislative Assembly of the State of Karnataka. 4. For the reasons rendered in Criminal Petition No.12344/2023 disposed on 22.08.2024, the offences alleged against accused No.1 has been quashed in Criminal Petition No.2769/2024. - 4 - HC-KAR NC: 2025:KHC-D:13502 CRL.P No. 103680 of 2025 5. The petitioner herein is co-accused, and since the proceedings against Accused No.1 itself has been quashed, under the given peculiar facts and circumstances of the case, question of continuing the criminal proceedings against the petitioner herein does not arise. The said factual position and preposition of law are not disputed by the learned Additional State Public Prosecutor. 6. For the aforementioned reasons, the following: ORDER i. Criminal Petition is allowed. ii. The impugned proceedings in C.C.No.2605/2023 pending on the file of the Principal Civil Judge and JMFC, Jamkhandi stands quashed insofar as it relates to the petitioner herein is concerned. iii. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 19 Sl No.: 2