- 1 - HC-KAR NC: 2025:KHC-D:11454 CRL.P No. 102999 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102999 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. NAGARAJA @ SWAMY S/O. HONNURAPPA, AGED ABOUT 43 YEARS, OCC. NIL, R/AT: NO.17, OPPOSITE DARGA, RUPANAGUDI ROAD, ANJINAPPA NAGAR, MILLARPET, BALLARI-583 103. … PETITIONER (BY SRI. BASAVARAJ B. JYALIHAAL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE POLICE OF GANDHI NAGAR POLICE STATION, BALLARI CITY, (R/BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD-580 011). 2. MANAYYA S/O. LATE METRI SOMAPPA, AGED ABOUT 60 YEARS, OCC. SOCIAL WORK, R/AT: NO.EWS-231, KHB COLONY, NETAJI NAGAR, BALLARI-583 104. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH ENTIRE PROCEEDINGS IN S.C. NO.75/2024 AND CHARGE SHEET WHICH IS ARISING OUT OF CRIME NO.141/2023 OF GANDHI NAGAR POLICE STATION AT BALLARI, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE AT BALLARI, VIDE DOCUMENT A-D FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 307, 504 AND 506 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11454 CRL.P No. 102999 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Learned HCGP is directed to take notice for respondent. 2. The petitioner is before this Court with a prayer to quash the entire proceedings in S.C. No.75 of 2024 pending before the Court of the Second Additional District and Sessions Judge, Ballari, arising out of Crime No.141 of 2023 registered by Gandhinagar Police Station, Ballari for the offences punishable under Section 307, 504 and 506 of the IPC. 3. Perusal of the material on record would go to show that prior to the petitioner approaching this Court, he had filed an application under Section 330 of the BNSS, 2023 before the trial Court, which was dismissed as not pressed and thereafter he has approached this Court. 4. Learned counsel for the petitioner submits that the petitioner is mentally unsound and is undergoing treatment for - 3 - HC-KAR NC: 2025:KHC-D:11454 CRL.P No. 102999 of 2025 his mental illness before the NIMHANS at Bengaluru. He submits that, this petition may be dismissed as not pressed, with liberty to the petitioner to file necessary application before the trial Court on the ground of his mental health condition. 5. The submission is placed on record. 6. The petition is dismissed as not pressed, with liberty as prayed for. 7. In the event appropriate application is filed on behalf of the petitioner before the trial Court on the ground of his mental illness, the same shall be considered on merits by the trial Court, after obtaining necessary report from the competent authorities. 8. Pending applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 40