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2025 DAILYLAW 9525 (KAR)

AYYANAGOUDA v. THE STATE OF KARNATAKA

CRL.P/200303/2025 · 2025-06-18

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3179 CRL.P No. 200303 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.200303 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AYYANAGOUDA S/O BASANAGOUDA MALIPATIL, AGE: 63 YEARS, OCC: AGRICULTURE, 2. AMAREGOUDA S/O BASANAGOUDA MALIPATIL, AGE: 50 YEARS, OCC: AGRICULTURE, 3. NAGANAGOUDA S/O BASANAGOUDA MALIPATIL, AGE: 47 YEARS, OCC: AGRICULTURE, 4. SHEKHARAGOUDA S/O BASANAGOUDA MALIPATIL, AGE: 42 YEARS, OCC: AGRICULTURE, ALL ARE R/O HAMAPANAL VILLAGE, TALUK SINDHANUR, DIST. RAICHUR-584 128. …PETITIONERS (BY SRI. MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585 107, (THROUGH SINDHANUR TOWN P.S., DIST. RAICHUR-584 128). Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3179 CRL.P No. 200303 of 2025 2. SHIVABASANAGOUDA S/O BASANAGOUDA MALIPATIL, AGE: 60 YEARS, OCC: FARMER, R/O HAMPANAL VILLAGE, TALUK SINDHANUR, DIST. RAICHUR-584 128. …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1; SRI. ARUNKUMAR AMARGUNDAPPA, ADV. FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW), PRAYING TO SET ASIDE THE ORDER DATED 22-10-2024 IN CRL.REV.P NO. 28/2022 PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSIONS JUDGE, RAICHUR, SITTING AT SINDHANUR AND CONSEQUENTLY CONFIRM THE ORDER DATED 07-01-2022 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC AT SINDHANUR IN CC NO. 1379/2020 DISCHARGE THE ACCUSED NO.1 TO 4/PETITIONERS, FOR THE OFFENCES PUNISHABLE U/S 120-B, 465, 471, 406 AND 420 R/W 34 F IPC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3179 CRL.P No. 200303 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Mahantesh Patil, learned counsel for the petitioners, Sri Veerangouda Malipatil, learned High Court Government Pleader for respondent No.1 and Sri Arunkumar Amargundappa, learned counsel for respondent No.2. 2. Present petitioners are accused Nos.1 to 4 in pending C.C.No.1379/2020 on the file of the Prl. Civil Judge and JMFC, Sindhanur. Crl.P.No.200424/2025 filed by other accused persons came to be disposed of by this Court by a considered order dated 17.06.2025. 3. All that this Court has observed in the said Order is that the other accused persons who are petitioners in the aforementioned Criminal Petition were entitled to place all such material and also canvas all available grounds before the Trial Magistrate, as District Judge has only set aside the Order of discharge and remitted the matter to the Trial Court for fresh disposal. 4. The present petitioners also stand on the same footing. - 4 - HC-KAR NC: 2025:KHC-K:3179 CRL.P No. 200303 of 2025 5. Accordingly, the following: ORDER (i) Petition is dismissed. (ii) All contentions are kept open for the petitioners to urge before the learned Trial Magistrate when the application seeking discharge is considered afresh, in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 38 CT: AK