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2026 DAILYLAW 40167 (KAR)

MR. MADESHA K v. THE STATE OF KARNATAKA

CRL.P/9076/2026 · 2026-09-15

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010424782026 NC: 2026:KHC:50095 CRL.P No. 9076 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 9076 OF 2026 BETWEEN: 1. MR. MADESHA K, SON OF KRISHNAPPA, AGED ABOUT 43 YEARS, R/AT NO.917, 2ND CROSS, RAMACHANDRAPURA, AREHALLI MAIN ROAD, BENGALURU - 560 061. 2. MR. MANJUNATH K SON OF KRISHNAPPA AGED ABOUT 35 YEARS, R/AT NO.917, 2ND CROSS, RAMACHANDRAPURA, AREHALLI MAIN ROAD, BENGALURU - 560 061. …PETITIONERS (BY SRI RAJANNA B C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SUBRAMANYAPURA POLICE STATION, BENGALURU RURAL DISTRICT - 560 061 REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT, COURT COMPLEX, BENGALURU - 560 001. 2. MR. M PRAKASH SON OF DODDA OBALAPPA AGED ABOUT 60 YEARS R/AT NO.375, 4TH CROSS ROAD (AREHALLI), RAMACHANDRAPURA, SUBRAMANYAPURA POST, Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010424782026 NC: 2026:KHC:50095 CRL.P No. 9076 of 2026 BENGALURU SOUTH TALUK, BENGALURU - 560 061. …RESPONDENTS (BY SRI M V ANOOP KUMAR, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.1077/2023 ARISING OUT OF CR.NO.285/2020 REGISTERED BY SUBRAMANYAPURA P.S., BENGALURU CITY, PENDING BEFORE THE HONBLE LXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-64) FOR THE OFFENCES P/U/S 341,392,307,323,504,506,109,35 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioners. 2. Learned HCGP accepts notice on behalf of first respondent-State. 3. This petition is filed to quash the proceedings in S.C.No.1077/2023 arising from Crime No.285/2020 registered before Subramanyapura Police Station, Bengaluru. The case is pending before LXIII Additional Sessions Judge at Bengaluru (CCH 64) for the offences Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010424782026 NC: 2026:KHC:50095 CRL.P No. 9076 of 2026 under Sections 341, 392, 307, 323, 504, 506, 109, 35 read with Section 34 Indian Penal Code, 1860 (IPC). 4. Learned counsel for the petitioners would submit that false case is filed against the petitioners/accused No.1 and 2 and they were not present at the time of alleged incident. It is submitted that the complainant and the petitioners are part of two different associations. Earlier all of them were working in the same association and because of some minor difference of opinion as to the manner in which the association is working, a false complaint is filed against the petitioners though petitioners were not present at the time of alleged incident. 5. Learned Additional SPP would submit that the charge sheet is filed after investigation and there are two eye witnesses to the alleged incident. 6. Under these circumstances, the Court is of the view that the defence raised by the petitioners that the Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010424782026 NC: 2026:KHC:50095 CRL.P No. 9076 of 2026 petitioners were not present at the time of alleged incident has to be established in a trial or that the alleged incident took place. It cannot be adjudicated in a proceeding under Section 482 of the Criminal Procedure Code, 1973 (Cr.PC). 7. Accordingly, petition is dismissed. Observations made in this order are only confined to the merits of the petition under Section 482 of Cr.PC and not on the merits of the defence to be raised at the time of trial. 8. All contentions are kept open. (ANANT RAMANATH HEGDE) JUDGE brn List No.: 1 Sl No.: 20 Digitally Signed by ANANT RAMNATH HEGDE