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2026 DAILYLAW 11113 (KAR)

CHANDRASHEKAR KUSABI v. STATE OF KARNATAKA

CRL.P/9704/2025 · 2026-02-16

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9791 CRL.P No. 9704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 9704 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: CHANDRASHEKAR KUSABI S/O SHIVAPPA AGED ABOUT 35 YEARS R/AT NO 479, WARD NO 4 MULLA ONI, KANDGAL BAGALKOT 587154 WORKING AT ASST LINEMEN THALLAK SECTION, THALLAK SUB DIVISION HIRIYUR DIVISION, CHALLAKERE TALUK CHITRADURGA DISTRICT 577543 …PETITIONER (BY SRI. RAVINDRANATH K.,ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH HIRIYUR TOWN POLICE STATION, AFTER TRANSFER, THE I.O (C.I.D BENGALURU) REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560 001 2. THE EXECUTIVE ENGINEE (ELE) APPOINTING AUTHORITY (.KA AND PA.) DIVISION BESCOM HIRIYUR 577598 CHITRADURGA DISTRICT KARNATAKA …RESPONDENTS (BY SRI.M.R.PATIL .,HCGP FOR R-1; Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9791 CRL.P No. 9704 of 2025 SRI SWAMINI G.MOHANBAL., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASHING THE CHARGE SHEET AND ALSO FURTHER PROCEEDINGS IN CC NO.1691/2024 PRESENTLY PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC HIRIYUR, CHITRADURGA DISTRICT FOR THE OFFENCES P/U/S 420, 465, 468, 471, 474 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “To pass an order to quashing the charge sheet and also further proceedings in C.C.No.1691/2024 presently on the file of principal civil judge (Jr,.dvn) and JMFC., Hiriyur , Chitradurga District for the offences p/u/s 420, 465, 468, 471, 474 r/w 34 of IPC.” 2. FIR in Crime No.35/2020 has been registered by the Hiriyuru Police Station. 3. This Court, vide order dated 21.10.2020 in Criminal Petition No.3027/2020, taking into consideration that there is one other similar/identical matter which has been investigated by CID in Crime No.65/2019 had transferred Crime No.35/2020 to be investigated by CID. - 3 - HC-KAR NC: 2026:KHC:9791 CRL.P No. 9704 of 2025 4. A charge sheet had been filed on 07.03.2020, whereunder it has categorically been stated that in respect of accused Nos.2, 3, 4, 6, 8 and 13, Charge sheet had been laid in Crime No.65/2019 before the Magistrate Court, Bangalore. Accused Nos.2, 3, 4, 6, 8 and 13 have been dropped from the said charge sheet. 5. The grievance of the petitioner is that though they have been dropped from the charge sheet, summons have been issued in Crime No.35/2020, now pending as C.C.No.1691/2024. 6. The submission of Sri Ravindranath K., learned counsel for the petitioner being that once accused No.2, who is the petitioner herein had been dropped from the charge sheet, no summons could be issued. 7. Smt. Swamini G. Mohanbal, learned counsel for respondent No.2-complainant submits that since the proceedings against the petitioner/accused No.2 have been dropped, the question of quashing any proceedings would not arise. 8. Sri M.R.Patil, learned HCGP would submit that there is a mistake in the issuance of summons inasmuch as accused - 4 - HC-KAR NC: 2026:KHC:9791 CRL.P No. 9704 of 2025 No.2 having been dropped, no summons could have been issued against accused No.2. 9. The submission made by learned counsel for respondent Nos.1 and 2 answers the grievance of the petitioner. However, for the purpose of clarity it would have to be clarified by this Court that the proceedings in Crime No.35/2020 cannot be proceeded against the petitioner, who is accused No.2 therein, against whom the proceedings have been dropped while filing the charge sheet. 10. With the above observations, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 0