Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010496132026 NC: 2026:KHC:50196 CRL.P No. 10868 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. 10868 OF 2026 BETWEEN:
SRI. VASANTHA KUMAR, S/O SRIRANGIAHA, AGED ABOUT 35 YEARS, OBANAHALLY VILLAGE, KORTAGERE TALUK, TUMKUR DISTRICT - 572129. …PETITIONER (BY SRI PRASHANTH M, ADVOCATE) AND:
1.
STATE OF KARNATAKA, BADAVANAHALLI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001.
2.
SMT SAKAAMMA, W/O NAGARAJU, AGED ABOUT 45 YEARS, R/AT RANGANAPALYA VILLAGE, DODDERI HOBLI, MADHUGIRI, TALUK, TUMKUR DISTRICT- 572112. …RESPONDENTS (BY SRI G S ARUNA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS AS
Digitally Signed by ANANT RAMNATH HEGDE
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HC-KAR
CNR: KAHC010496132026 NC: 2026:KHC:50196 CRL.P No. 10868 of 2026
PER ANNEXURE-C IN C.C.NO.762/2026 ON THE FILE OF THE HON'BLE ADDL.CIVIL JUDGE AND J.M.F.C AT MADHUGIRI.
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 petitioner and the learned High Court Government Pleader appearing for respondent No.1-State.
2. This petition is filed to quash the proceeding in C.C.No.762/2026 pending on the file of JMFC, Madhugiri.
3.
Learned counsel for the petitioner would submit that the petitioner had filed an application for survey of the land and when the Surveyor had come to the spot, the complainant raised a dispute and in this behalf, the petitioner's wife has filed a complaint in Crime No.26/2026 and a charge sheet is filed in the said case. The present complaint is filed as a counter blast to the said case and the charge sheet is filed. Digitally Signed by ANANT RAMNATH HEGDE
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HC-KAR
CNR: KAHC010496132026 NC: 2026:KHC:50196 CRL.P No. 10868 of 2026
4.
Learned counsel for the petitioner would submit that the charge sheet materials do not indicate any offence against the petitioner.
5. Learned High Court Government Pleader would submit that the charge sheet materials would indicate the wound certificate showing injury allegedly inflicted on the complainant by the petitioner. It is also submitted that there are eye-witnesses to the alleged incident.
6.
Learned counsel for the petitioner would submit that the alleged incident has not taken place and as a counter blast to the said complaint filed by the petitioner, the complainant has filed a complaint one day later.
7. The Court is of the view that merely because there is a delay of one day in lodging the complaint, it cannot be said to be a ground to quash the proceedings. The charge sheet materials would indicate the wound certificate. Since both the complaints are relating to the same incident, the question is who is the aggressor and who is the victim. Same has to be determined only after the trial. Digitally Signed by ANANT RAMNATH HEGDE
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HC-KAR
CNR: KAHC010496132026 NC: 2026:KHC:50196 CRL.P No. 10868 of 2026
8. Accordingly, the Criminal Petition is dismissed.
9. It is made clear that the observations made in this
order are only confined to the merits of the petition under Section 528 and not on the merits of the defense to be raised. All contentions are kept open.
(ANANT RAMANATH HEGDE) JUDGE
GVP List No.: 1 Sl No.: 71
Digitally Signed by ANANT RAMNATH HEGDE