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2026 DAILYLAW 17125 (KAR)

SR HUCHAPPA v. STATE OF KARNATAKA

CRL.P/1135/2026 · 2026-02-17

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9916 CRL.P No. 1135 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1135 OF 2026 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. SR HUCHAPPA S/O ELAGAPPA AGED ABOUT 76 YEARS, R/AT SINGAHALLI VILLAGE BUDIGERE POST, JALA HOBLI, YELAHANKA TALUK BANGALORE URBAN DISTRICT 2. SRI VENKATARAMANAIAH R S/O RAMAKRISHNAIAH N C AGED ABOUT 63 YEARS, R/AT NO.37, 1STMAIN, A J LAYOUT SANJAY NAGAR BANGALORE-560097 3. SRI SATISH R S/O RAMAKRISHNAIAH N C AGED ABOUT 56 YEARS, R/AT NO.108, NAGASHETTIHALLI BANGALORE-560094 …PETITIONERS (BY SRI. ANIL KALGI, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9916 CRL.P No. 1135 of 2026 AND: 1. STATE OF KARNATAKA BY VIJAYANAGAR POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE-SHEET FILED IN CRIMINAL CASE NO.23738/2018 AND ALL FURTHER PROCEEDINGS IN CC NO.23738/2018, PENDING BEFORE THE HONBLE 4TH ACMM, BENGALURU IN SO FAR AS ACCUSED N.2 AND 4 ALONE ARE CONCERNED ONLY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9916 CRL.P No. 1135 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Anil Kalgi, learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl. SPP appearing for respondent No.1 and have perused the material on record. 2. The petitioners are before the Court calling in question the action of the concerned Court, which refuses to permit the complainant to withdraw the complaint despite filing of a joint memo. The memo reads as follows: "MEMO OF THE COMPLAINANT The complainant, files the memo with accomplished affidavit in the above CC.23738/2018. The accused no.2 and 4 having filed the application U/s 239 of CRPC for discharge from the above case and this Hon'ble court inadvertently rejected the application filed by the Accused 2 & 4, by way of common order, whereas the accused no.2 and 4 have no role in the case as accused. As such. it is submitted that complainant has no objection to discharge the accuseds no.2 and 4 from the CC.23738/2018, the complainant is cancer patient wants urgent settlement of OS.106/2021. The accused 2 & 4 agreed and dispute settled. Hence withdraws complaints against accused no.2 & 4. The accomplished statement by way affidavit of no objection may kindly be taken on record and pray that this Hon'ble court be pleased to review or modify the impugned order dated.04.9.2025, passed by this Hon'ble 4th ACMM Bangalore in the intrest of equity and justice Complainant, herein withdraws the complaint against accused 2 & 4 in - 4 - HC-KAR NC: 2026:KHC:9916 CRL.P No. 1135 of 2026 PCR.6659/2017. As such, the Hon'ble court be pleased close the case against accused 2 & 4 only. 3. In the light of the petition preferred only for the purpose of settlement between the parties, I deem it appropriate to obliterate the proceedings against the petitioners. 4. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) Proceedings in C.C.No.23738/2018 pending before the IV ACMM, Bangalore, qua accused Nos.2 and 4, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 90