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2026 DAILYLAW 17471 (KAR)

K. S. RAVIKUMAR v. THE STATE OF KARNATAKA

CRL.P/6463/2023 · 2026-03-02

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12731 CRL.P No. 6463 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6463 OF 2023 BETWEEN: K.S.RAVIKUMAR S/O SIDDAPPA AGED AROUND 52 YEARS R/AT FLAT NO 404, B-8, KAILASH APRTMENTS JNANABHARATHI ENCLAVE MYSORE ROAD, KENGERI BANGALORE-560 059 …PETITIONER (BY SRI. K S RAVIKUMAR (PARTY IN PERSON)) AND: 1. THE STATE OF KARNATAKA BY KENGERI POLICE STATION REP. BY STATE PUBLIC PROSECUTOR. HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. SURESH RAMAIAH S/O RAMAIAH, AGED ABOUT 48 YEARS, 3. RAMAIAH S/O R. RAMAIAH, AGED ABOUT 71 YEARS, Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12731 CRL.P No. 6463 of 2023 BOTH ARE R/AT HOUSE NO.153, 5TH MAIN ROAD, 2ND CROSS, DR. ARUNACHALAM ROAD, 5TH STAGE RAJARAJESHWARI NAGAR, BANGALORE-560 098 …RESPONDENTS (BY SRI.B.N.JAGADEESH, ADDL.SPP FOR R.1; SRI HARISH KUMAR SANGLIANA B.L., ADV. FOR R2 & R3) THIS CRL.P IS FILED U/S 482 CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 06.07.2023 AT ANNEXURE-A PASSED BY THE HONBLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU IN PCR.NO.72/2021 AND ACCORD OPPORTUNITY TO THE COMPLAINANT TO FILE PROTEST PETITION, LEAD EVIDENCE AND PROSECUTE THE ACCUSED IN ACCORDANCE WITH LAW. THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2026:KHC:12731 CRL.P No. 6463 of 2023 ORAL ORDER The petitioner is before this Court calling in question the order of the LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, dated 06.07.2023 in PCR No.72/2021 by which concerned Court accepts B Report and closes proceedings in favour of the respondent-accused. 2. Heard petitioner/party-in-person,Sri B.N.Jagadeesh, learned Additional SPP for respondent No.1-State and Sri Harish Kumar Sangliana B.L., learned counsel for respondent Nos.2 and 3. 3. The petitioner in person had invoked the provisions of Section 200 of Cr.P.C., by registration of a private complaint, the matter being referred to for investigation had led the Police file B Report before the concerned Court. 4. At the time when the B Report was filed, the petitioner files an application under Section 408 of Cr.P.C., seeking transfer of the case from one Court to the other before the Principal District and Sessions Judge. The Court of Session had stayed the further proceedings before the learned Magistrate. The stay continued up to 23.07.2023 and the next - 4 - HC-KAR NC: 2026:KHC:12731 CRL.P No. 6463 of 2023 date of listing was 30.06.2023 and the petitioner could not attend the proceedings on 06.07.2023. Owing to the absence of the petitioner, the concerned Court accepts the B Report and closes the proceedings. The complainant - petitioner is admittedly not heard in matter prior to closing of the proceedings on acceptance of the B Report. 5. In the light of the procedural aberration and the aberration being in violation of principles of natural justice, I deem it appropriate to afford an opportunity to the petitioner to file his protest petition and contest the matter. In the event, petitioner would repeat the absence, the concerned Court would be at liberty to pass necessary orders, in accordance with law. 6. For the aforesaid reasons, the following : ORDER (i) Petition is allowed; (ii) The order dated 06.07.2023 in PCR No.72/2021 passed by LXX Addl. City Civil & Sessions Judge and Special Judge, Bengaluru, stands quashed; - 5 - HC-KAR NC: 2026:KHC:12731 CRL.P No. 6463 of 2023 (iii) The concerned Court shall permit the petitioner to file protest petition and regulate procedure thereafter. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AV List No.: 2 Sl No.: 2