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2026 DAILYLAW 35888 (KAR)

DR K BASAVARAJU v. STATE BY

WP/25072/2022 · 2026-08-20

Ravi V Hosmani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010575082022 NC: 2026:KHC:45117 WP No. 25072 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 25072 OF 2022 (GM-RES) BETWEEN: 1. DR K BASAVARAJU AGED ABOUT 75 YEARS S/O LATE KULLAIAH 2. SMT.GIRIJAMBA BASAVARAJU AGED ABOUT 71 YEARS W/O DR BASAVARAJU 3. SRI KIRAN KUMAR MAMBALLI BASAVARAJ AGED ABOUT 48 YEARS S/O DR BASAVARAJU ALL ARE R/AT NO.1246 SAMAPTH BEEDI MAMBALI VILLAGE YELANDUR TALUK CHAMARAJA NAGAR DISTRICT 574 404. PETITIONER NO.3 ALSO AT NO.253-43-173 2ND MAIN ROAD OFF LAGGERE BRIDGE KEMPE GOWDA LAYOUT BANGALORE - 560 058. …PETITIONERS [BY SRI KUMARASWAMY M., ADVOCATE (PH)] Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010575082022 NC: 2026:KHC:45117 WP No. 25072 of 2022 AND: 1. STATE BY MAMBALI POLICE STATION MAMBALI, YELANDUR CIRCLE CHAMARAJA NAGAR DISTRICT REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SRI CHIKALINGAIAH AGED ABOUT 69 YEARS S/O LATE LINGAIAH 3. SMT. GOWRI AGED ABOUT 52 YEARS W/O SRI CHIKKALINGAIAH R/AT SAMAPTH BEEDI MAMBALI VILLAGE YELANDUR TALUK CHAMARAJANAGAR DISTRICT 574 404. …RESPONDENTS (BY SRI SURYA MUKUNDARAJ L., ADDL. SPP FOR R1 (PH); NOTICE TO R2 & R3 - SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.335/2022 ON THE FILE CIVIL JUDGE AND JMFC AT YELANDUR FOR THE OFFENCE PC.C.NO.335/2022 ON THE FILE OF CIVIL JUDGE AND JMFC AT YELANDUR FOR THE OFFENCE UNISHABLE UNDER SECTIONS 341, 323, 504, 506 R/W 34 OF IPC FOUND AT ANNEXURE- A AND ETC. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR CNR: KAHC010575082022 NC: 2026:KHC:45117 WP No. 25072 of 2022 ORAL ORDER Challenging entire proceedings in C.C.no.335/2022 on file of Civil Judge & JMFC, Yelanduru, for offences punishable under Sections 323, 341, 504 and 506 read with Section 34 of Indian Penal Code, 1860 (IPC), this petition is filed. 2. Though learned counsel for petitioners urged various grounds that incident did not occur in front of house of complainant but occurred in front of house of accused and in fact, present complaint was counter blast to complaint filed by present accused registered as Crime no.36/2021 by Mambali Police Station and submitted that impugned proceedings were abuse of process and sought for quashing. 3. Learned Addl.SPP for respondent no.1-State opposed petition. It was submitted, there are sufficient material to substantiate charges as charge sheet itself reveals that apart from complainant, statements of seven eye witnesses were cited and their statements consistently corroborate complaint averments and sought for dismissal. 4. Heard learned counsel and perused material on record. - 4 - HC-KAR CNR: KAHC010575082022 NC: 2026:KHC:45117 WP No. 25072 of 2022 5. This petition is by accused no.1 to 3 challenging entire proceedings as well as order taking cognizance of offences punishable under Sections 323, 341, 504 and 506 read with Section 34 of IPC and for issuing process. 6. Though various contentions were urged, at outset, it is seen that after passing order taking cognizance of offences, matter had progressed to stage of framing of charges. Besides, as pointed out by learned Addl.SPP, there is sufficient corroboration of complaint averments in statements of CWs.2 to 8. Therefore, reserving liberty to petitioners to seek for discharge, petition stands dismissed. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 44