- 1 - HC-KAR NC: 2026:KHC:9788 CRL.P No. 7700 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. 7700 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. MR SHREESHAIL GIRIMALLAPPA MAROLA S/O GIRIMALLAPPA MORAL AGED ABOUT 29 YEARS R/T BASAVANABAGEVADI NAGRU, VANGAI BJIJAPURA KARNATAKA 586 203 2. MALLIKARJUN KASABEGOWDAR C/O PARASHURAM KASBEGOUDAR AGED ABOUT 33 YEARS R/AT KHANABAVI ONI NALTAWAD MUDDEBIHAL TALUK VIJAYAPURA 586124 3. MR MALIYAPPA HANAMAVVA TALAWAR S/O HANAMAVVA AGED ABOUT 37 YEARS R/AT SAGANI B K BIJAPUR 586210 …PETITIONERS (BY SRI. SUNIL KUMAR H.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY HIRIYUR TOWN POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560 001 2. KOLME MAHAMMAED SAHEB S/O FAKRUDEEN AGED ABOUT 64 YEARS EXECUTIVE ENGINEER OFFICE BESCOM HIRIYUR DIVISION Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9788 CRL.P No. 7700 of 2025 HIRIYUR TOWN CHITRADURGA 577598 …RESPONDENTS (BY SRI.M.R.PATIL .,HCGP FOR R-2; SRI.SWAMINI G.MOHANBAL., ADVOCATE FOR R-2) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN CC.NO.1691/2024 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT HIRIYUR FOR THE O/P/U/S 420, 465, 468, 471, 474 R/W SECTION 34 OF THE IPC VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, 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: “(a) Quash the Charge sheet in C.C. No.1691/2024 pending on the file of Principle Civil Judge and JMFC at Hiriyur for the offences punishable under sections 420, 465, 468, 471, 474 R/w Section of 34 of the Indian Penal Code vide Annexure-D. (b) Pass such other orders or directions that this Hon'ble Court may deem fit with the facts and circumstances of the case in the interest of justice and equity.” 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 - 3 - HC-KAR NC: 2026:KHC:9788 CRL.P No. 7700 of 2025 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. 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 S. Sunil Kumar H., learned counsel for the petitioner being that once accused No.3, 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.3 have - 4 - HC-KAR NC: 2026:KHC:9788 CRL.P No. 7700 of 2025 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 No.4 having been dropped, no summons could have been issued against accused No.3. 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.3 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