- 1 - HC-KAR NC: 2025:KHC-D:9442 CRL.P No. 102418 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102418 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: CHANDRU KALAKAPPA PATTANASHETTI, AGED ABOUT 20 YEARS, S/O KALAKAPPA PATTANASHETTI, R/AT: WARD NO.2, HALAPETE, TQ: BADAMI, KERUR, BAGALKOT 587 206, (AS PER CHARGESHEET) R/AT: AZAD NAGAR, BELAGAVI-590 016. … PETITIONER (BY SRI. SANKET SHANKRAPPA AMBALI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY KERUR P.S. BAGALKOT, (REPRESENTED BY SPP OFFICE), HIGH COURT OF KARNATAKA, DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE SPLIT-UP CHARGESHEET FILED BY THE RESPONDENT IN C.C. NO.17/2024 DATED 13.06.2023 AT ANNEXURE-‘E’ FOR THE OFFENCE PUNISHABLE SECTIONS 143, 147, 148, 323, 324, 353, 332, 333, 307, 504, 506 R/W 149 OF IPC, PENDING ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC, BADAMI, BAGALKOT, ENTIRE PROCEEDINGS IN C.C. NO.17/2024 AS FOR AS PETITIONER/ACCUSED NO.11 IS CONCERNED, TO MEET THE ENDS OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9442 CRL.P No. 102418 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.11 in C.C. No.17/2024 pending before the Court of Senior Civil Judge and JMFC, Badami, Bagalkote arising out of Crime No.169/2022 registered by Kerur Police Station, Badami for offences punishable under Sections 143, 147, 148, 186, 323, 324, 333, 353, 307 read with Section 149 of IPC is before this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) with a prayer to quash the aforesaid proceedings as against him. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner referring to Section 6 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (the Act) submits that though petitioner has now completed 18 years of age, as on the date of alleged incident, he was below 18 years and therefore, as provided under Section 6 of the Act, the petitioner has to be treated as a child. - 3 - HC-KAR NC: 2025:KHC-D:9442 CRL.P No. 102418 of 2025 4. Learned HCGP submits that petitioner is required to file necessary application as provided under Section 9 of the Act before the jurisdictional Court of Magistrate for determination of his age and on the ground that he was a juvenile as on the date of alleged offences, this Court cannot quash the proceedings without there being determination of his age by the Board constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015. 5. Learned counsel for the petitioner at this juncture submits that he would file necessary application before the jurisdictional Court as provided under Section 9 of the Act for the purpose of determination of petitioner’s age as on the date of alleged offences and accordingly he prays that this petition may be dismissed as not pressed with liberty to file necessary application before the jurisdictional Court of Magistrate. 6. Submissions made on both sides are placed on record. 7. Petition is dismissed as not pressed with liberty as prayed for. In the event, the petitioner files necessary - 4 - HC-KAR NC: 2025:KHC-D:9442 CRL.P No. 102418 of 2025 application as provided under Section 9 of the Act, before the jurisdictional Court of Magistrate, the learned Magistrate shall forthwith take appropriate action on the said application as provided under the provisions of the Act, for the purpose of determination of petitioner’s age as on the date of alleged incident. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK, RSH CT:BCK LIST NO.: 1 SL NO.: 21