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2025 DAILYLAW 91861 (KAR)

PRASANNA KUMAR v. STATE OF KARNATAKA

CRL.P/10074/2023 · 2025-12-09

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51987 CRL.P No. 10074 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 10074 OF 2023 BETWEEN: 1. PRASANNA KUMAR S/O BALACHANDRAPPA AGED ABOUT 46 YEARS, 2. PUSHPA W/O PRASANNA KUMAR AGED ABOUT 30 YEARS, 3. BALACHANDRAPPA B Y S/O MALLAPPA B Y AGED ABOUT 77 YEARS, 4. SHIVAKUMAR YANE KUMMI S/O NANJUNDAPPA AGED ABOUT 45 YEARS, 5. RAVIKUMAR G K S/O KOTRESHAPPA AGED ABOUT 49 YEARS, ALL ARE R/AT KUNDUR VILLAGE, HONNALI TALUK, DAVANAGERE DISTIRCT - 577 219. …PETITIONERS (BY SRI. KETHAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51987 CRL.P No. 10074 of 2023 AND: 1. STATE OF KARNATAKA DEPUTY SUPERINTENDENT OF POLICE DAVANAGERE DISTRICT DAVANAGERE-577001 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 2. DAKSHYANAMMA W/O SIDDAPPA AGED ABOUT 58 YEARS R/AT KUNDUR VILLAGE HONNALI TALUK DAVANGERE -577219 …RESPONDENTS (BY SRI. MOHAMMED AJUB ALI, ADDL. SPP FOR R1 SRI. PUTTARAJU N.H., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S.482 of CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONERS PENDING BEFORE PRL.DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN SPL.CASE (ST/ST) NO.41/2022 FOR THE OFFENCE P/U/S 143,147,341,323,354,504,506 R/W 149 OF IPC AND SEC.3(1)(r)(a),3(1)(w),3(2)(v-a) OF P.C ACT (ANNEXURE- A). THIS PETITION, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:51987 CRL.P No. 10074 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioners is that a fight between petitioners No.1 and 2 on the one side, and few other villagers on the other side, which happened on 06.08.2022 at about 6.30 p.m., resulted in injuries to petitioner No.1. 2. It is further submitted that petitioner No.1 never started the fight, on the contrary, it was few other villagers who attacked him, and he has only defended himself. However, respondent No.2 has given a false complaint against all petitioners. It is further submitted petitioners No.3, 4 and 5, infact were not even present at the place when the fight took place. It is also submitted that the complaint is lodged as a counter blast to a complaint given by petitioner No.1. 3. In the course of the arguments, the learned counsel for petitioners showed the video recording of the said incident, which clearly shows that the petitioners No.1 - 4 - HC-KAR NC: 2025:KHC:51987 CRL.P No. 10074 of 2023 and 2 being innocent of the allegations made and few other persons beating up petitioner No.1. 4. Learned Addl. SPP upon instructions, submits that the video recording to be correct and based upon the said incident, a complaint by petitioner No.1 is lodged and a counter complaint is lodged by respondent No.2, which is challenged here. He further submits the investigation has now revealed the petitioners to be innocent of the allegations made against them. 5. The counsel for respondent No.2 is not in a position to contravene the statements of the learned counsel for the petitioners and the learned Addl. SPP. 6. As the State has represented that petitioners are innocent of the offences alleged against them, the petition deserves to be allowed. Hence, the following: ORDER i. The petition is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:51987 CRL.P No. 10074 of 2023 ii. The proceedings in Spl.Case(SC/ST) No.41/2022, pending on the file of II Addl. District and Sessions Judge, Davanagere, insofar as it relates to the petitioners herein (accused Nos.1 to 5) are concerned, stand quashed. Sd/- (M.I.ARUN) JUDGE PSJ List No.: 1 Sl No.: 36