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High Court of Karnataka · body

2025 DAILYLAW 66450 (KAR)

BASAVARAJ S/O GOLLALAPPA v. THE STATE OF KARNATAKA

CRL.P/100236/2025 · 2025-12-10

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17921 CRL.P No. 100236 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.100236 OF 2025 (407(Cr.PC)/447(BNSS)) BETWEEN: 1. BASAVARAJ S/O. GOLLALAPPA, AGE. 61 YEARS, OCC. FARMER/RETIRED WORKER, R/O. NANDINI NILAYA KUMBAR ONI, SHAHAPUR, TQ. SHAHAPUR, YADAGIR-585223. 2. MALLIKARJUN S/O. BASAVARAJ, AGE. 33 YEARS, OCC. FARMER/MECHANICAL ENGINEER, R/O. NANDINI NILAYA KUMBAR ONI, SHAHAPUR, TQ. SHAHAPUR, YADAGIR-585223. 3. RAJESHWARI W/O. JAYAPRAKASHA HURAKADLI, AGE. 32 YEARS, OCC. HOUSEWIFE, R/O. NANDINI NILAYA KUMBAR ONI, SHAHAPUR, TQ. SHAHAPUR, YADAGIR-585223. 4. KANNAYAKUMARI W/O. BASAVARAJ, AGE. 56 YEARS, OCC. HOUSEWIFE, R/O. NANDINI NILAYA KUMBAR ONI, SHAHAPUR, TQ. SHAHAPUR, YADAGIR-585223. …PETITIONERS (BY SMT. RAJESHWARI, ADVOCATE AND SRI. M.V. TAVANSHI, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:17921 CRL.P No. 100236 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH KARATAGI POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. 2. JAYAPRAKASH S/O. VIRUPAKSHAPPA HURAKADLI, AGE. 38 YEARS, OCC. S.B.I. BANK EMPLOYEE, R/O. 1ST WARD NEAR, SANGAMESHWAR TEMPLE, KARATAGI, TQ. KARATAGI, DIST. KOPPAL-585283. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. S.P. KANDAGAL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 407(1) OF CR.P.C.(UNDER SECTION 447(1), (2) OF BNSS ACT 2023) PRAYING TO, TRANSFER THE ENTIRE PROCEEDINGS IN C.C.NO.810/2023 PENDING THE COURT OF ADDL. CIVIL JUDGE AND J.M.F.C. COURT, KARATAGI, KOPPAL DIST. (ARISING OUT CRIME NO.240/2022 KARATAGI P.S.) TO THE II ADDL. CIVIL JUDGE AND J.M.F.C. II, GANGAVATHI OR ANY OTHER COURT IN GANGAVATHI FOR THE PUNISHABLE UNDER SECTIONS 323, 324, 504 AND 506 R/W SECTION 34 OF IPC AND AGAINST THE PETITIONERS/ACCUSED NO.1, 2, 3 AND 4 AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:17921 CRL.P No. 100236 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The present petition is filed seeking transfer of C.C No.810/2023 arising out of Crime No.240/2022, pending on the file of Additional Civil Judge and JMFC Court, Karatagi, Koppal District to the II Additional Civil Judge and JMFC–II at Gangavathi. 2. The reasons assigned by the petitioners and also submissions made by the learned counsel for the petitioners and learned counsel for respondents, it appears that the petitioners have made out a case to transfer the case from Karatagi to Gangavathi. 3. Hence, I proceed to pass the following: ORDER i) The criminal case in C.C No.810/2023 pending on the file of Additional Civil Judge and JMFC Court, Karatagi, Koppal District is transferred to the Court of II Additional Civil Judge and JMFC –II at Gangavathi, forthwith. - 4 - HC-KAR NC: 2025:KHC-D:17921 CRL.P No. 100236 of 2025 ii) The parties shall appear before the Trial Court on 19.01.2026. iii) The Registry shall communicate this order forthwith to the concerned Court. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 1