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2026 DAILYLAW 43007 (KAR)

MR. SANNAMMA v. THE STATE OF KARNATAKA

CRL.P/1390/2020 · 2026-09-28

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010066242020 NC: 2026:KHC:53485 CRL.P No. 1390 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.1390 OF 2020 BETWEEN: 1. MR. SANNAMMA, W/O LATE SANNAPPA, AGED ABOUT 62 YEARS. 2. MR. SATHISHA, S/O LATE SANNAPPA, AGED ABOUT 37 YEARS. 3. MR. RAVI, S/O LATE SANNAPPA, AGED ABOUT 41 YEARS, PRESENTLY R/AT 296, RANGANATHA NILAYA, LAKSHMIPURA EXTENSION, HASSAN-573201. ADDRESS SHOWN IN CHARGE SHEET: HRP COLONY, HOLENARASIPURA, HOLENARASIPURA TOWN, HASSAN-573201, KARNATAKA. 4. MRS. MANJULA, W/O MANJUNATHA, AGED ABOUT 48 YEARS. THE PETITIONERS NO.1, 2 AND 4 ARE R/AT HRP COLONY, HOLENARASIPURA, Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010066242020 NC: 2026:KHC:53485 CRL.P No. 1390 of 2020 HOLENARASIPURA TOWN, HASSAN DISTRICT-573201. 5. MRS. GEETHA, W/O PRAKASH, AGED ABOUT 43 YEARS, PRESENTLY R/AT 29, 9TH MAIN, AKKIYAPPA GARDEN, YESHVANTHAPURA, BENGALURU NORTH, BENGALURU-560022. ADDRESS SHOWN IN CHARGE SHEET: HRP COLONY, HOLENARASIPURA, HOLENARASIPURA TOWN, HASSAN – 573 201, KARNATAKA. …PETITIONERS (BY SRI. VENKATESH R. BHAGAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY PSI, UDUPI WOMAN POLICE STATION, UDUPI DISTRICT, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU-560001. …RESPONDENT (BY SRI. SUHAS GOWDA M., HCGP) THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 24.10.2019 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, UDUPI IN C.C.NO.2585/2016 DISMISSING THE APPLICATION FILED UNDER SECTION 239 OF CR.PC AT ANNEXURE-A AND CONSEQUENTLY THE CHARGE SHEET FILED BY THE RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 323 AND 506 R/W SECTION 149 OF IPC - 3 - HC-KAR CNR: KAHC010066242020 NC: 2026:KHC:53485 CRL.P No. 1390 of 2020 AT ANNEUXRE-B IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent/State. 2. This petition is filed praying this Court to set aside the order dated 24.10.2019 passed in C.C.No.2585/2016, rejecting the application filed under Section 239 of Cr.P.C. and consequently the charge-sheet (Annexure-B) filed against the petitioners for the offences punishable under Sections 498A, 504, 323, 506 read with 149 of IPC. 3. The petitioners have not filed any revision against the order of the learned Magistrate. The proviso is very clear that the petitioners can invoke the revisional jurisdiction, but they have not invoked the revisional jurisdiction and instead, directly approached this Court. The learned counsel for the petitioners with regard to quashing of the charge-sheet - 4 - HC-KAR CNR: KAHC010066242020 NC: 2026:KHC:53485 CRL.P No. 1390 of 2020 (Annexure-B) is concerned, would submit that the complainant is no more. Having perused the charge-sheet, specific allegation is made that an incident was taken place on 30.08.2015 and specific allegations are made against these petitioners also that they came and assaulted her and the witness CW5 also speaks with regard to the incident as eye witnesses and other witnesses speaks about the ingredients of Sections 498A, 504 and 506 of IPC. When such being the case, this Court cannot exercise the powers under Section 482 of Cr.P.C. The disputed facts has to be considered by the Trial Court in trial and hence, I do not find any grounds to quash the charge-sheet (Annexure-B). 4. In view of the discussions made above, I pass the following: ORDER The petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 12