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2026 DAILYLAW 25590 (KAR)

VIVEK VASANTRAO PATIL v. THE STATE OF KARNATAKA

CRL.P/1852/2025 · 2026-06-25

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31628 CRL.P No. 1852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1852 OF 2025 BETWEEN: 1. VIVEK VASANTRAO PATIL AGE. 67 YEARS, OCC. MLC, R/O. B.C. NO.61, HUSSAINWALA ROAD, CAMP, BELAGAVI-590001 …PETITIONER (BY SRI. M.DEVARAJA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KULAGODA POLICE STATION, DIST. BELAGAVI, R/BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. AMARSINHA VASANTRAO PATIL AGE. MAJOR, OCC. EX MP, R/O. BEKKERI, TAL. RAIBAG, DIST. BELAGAVI-591317 3. BHAGYASHREE AMARSINHA PATIL AGE. MAJOR, OCC. HOUSEHOLD, R/O. BEKKERI, TAL. RAIBAG, DIST. BELAGAVI-591317 …RESPONDENTS (BY SMT. WAHEEDA M M., HCGP FOR R-1; Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31628 CRL.P No. 1852 of 2025 SRI. VIVEK REDDY, SENIOR ADVOCATE FOR SRI. SHREESHAIL B ITI, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE IMPUGNED ORDER DATED 22.11.2024 IN CRIMINAL CASE NO.18630/2022 PASSED BY THE XLII ADDL.CJM, BENGALURU AND ALLOW THE APPLICATION U/S 91 AND SECTION 242(2) OF THE CODE OF CRIMINAL PROCEDURE R/W SECTION 65 OF THE EVIDENCE ACT DATED 19.10.2024 FILED BY THE RESPONDENT NO.1/STATE IN CRIMINAL CASE NO.18630/2022 FOR THE OFFENCE U/S 420, 465, 468, R/W 34 OF IPC, ON THE FILE OF THE XLII ADDL.CJM, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question an order dated 22.11.2024 passed by the XLII Additional CJM, Bengaluru in Criminal Case No.18630/2022, which rejects the application filed by the petitioner under subsection (2) of Section 242 of the Cr.P.C. r/w Section 65 of the Evidence Act seeking certain documents that were - 3 - HC-KAR NC: 2026:KHC:31628 CRL.P No. 1852 of 2025 not a part of the charge sheet with particular reference to the report of the Forensic Science Laboratory. 2. Heard Sri.M. Devaraja, learned counsel for the petitioner, Smt. Waheeda M.M., learned HCGP for respondent No.1 and Sri. Shreeshail B. Iti, learned counsel for respondent No.2 and 3. 3. The concerned Court has rejected it on 22.11.2024. The time has gone ticking. The liberty is always available to the petitioner to file an application either in Section 207 or 91 of the Cr.P.C. to seek those documents that are not a part of the charge sheet after the commencement of the trial. 4. More particularly, the provision under Section 207 of the Cr.P.C., where the Apex Court clearly holds that the parties would be entitled to certain documents which are not a part of the charge sheet, to prove the case or defence of the accused. Therefore, reserving such liberty to the petitioner to avail such remedy as observed - 4 - HC-KAR NC: 2026:KHC:31628 CRL.P No. 1852 of 2025 hereinabove at the appropriate time, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VBS List No.: 1 Sl No.: 3