- 1 - HC-KAR NC: 2026:KHC:128 CRL.P No. 11960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11960 OF 2025 BETWEEN: 1. SRI ESHEARAPPA S/O LATE POOJAR SANNA MALLAPPA AGED ABOUT 71 YEARS. 2. SRI RANGANATHAPPA S/O LATE POOJAR SANNA MALLAPPA AGED ABOUT 71 YEARS. 3. SRI SATHISHA S/O LATE ESHWARAPPA AGED ABOUT 32 YEARS. 4. BHAGYAMMA W/O SRI ESHWARAPPA AGED ABOUT 58 YEARS. 5. SRI RAJANNA S/O LATE CHIKKAKAMANNA AGED ABOUT 62 YEARS. 6. SRI MANJUNATHA S/O LATE CHIKKAKAMANNA AGED ABOUT 41 YEARS. 7. SRI SANNAMALLANNA S/O LATE CHIKKAKAMANNA Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:128 CRL.P No. 11960 of 2025 AGED ABOUT 57 YEARS 8. SRI DODDAMALLAIAH S/O LATE MALLANNA AGED ABOUT 55 YEARS. 9. SRI REVANNA S/O HALLAPPA AGED ABOUT 35 YEARS ALL ARE RESIDING AT OJUGUNATE VILLAGE KASABA HOBLI SIRA TALUK - 572 137 TUMAKURU DISTRICT. …PETITIONERS (BY SMT. SARASWATHI M., ADVOCATE) AND: 1. STATE OF KARNATAKA SIRA TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 012. 2. SRI LAKSHMIKANTAPPA D., S/O PATEL DODDAMALLEGOWDA AGED ABOUT 52 YEARS R/AT JYOTHI NAGAR, SIRA – 572 137 TUMKUR DISTRICT. …RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R-1) - 3 - HC-KAR NC: 2026:KHC:128 CRL.P No. 11960 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C., (FILED U/S 528 BNSS) PRAYING TO CALL FOR RECORDS FILED IN C.C.NO.574/2018 U/S 323, 324, 504, 506, 143, 147, 149 OF IPC AND QUASH THE PROCEEDINGS WHICH ARE NOW PENDING ON THE SENIOR CIVIL JUDGE AND JMFC SIRA. TUMKUR DIST. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.574/2018, pending before the Senior Civil Judge and JMFC, Sira, for the offences under Sections 323, 324, 504, 506, 143, 147, 149 of the IPC. 2. Learned High Court Government Pleader on verification of the records would submit that the charges have been framed in the year 2021, trial is in progress and the petition would not be entertainable at this juncture. - 4 - HC-KAR NC: 2026:KHC:128 CRL.P No. 11960 of 2025 3. Learned counsel for the petitioner would submit that Public Prosecutor is not appointed as the issue is, a case and a counter case. 4. In the light of the aforesaid submissions, the entertainment of the petition under Section 482 of the Cr.P.C., at this juncture, will run foul of the judgment of the Apex Court in the case of MINAKSHI BALA V. SUDHIR KUMAR reported in (1994) 4 SCC 142. Therefore, reserving liberty to the petitioners to challenge the charge sheet so filed, the petition stands disposed. 5. In the light of the order of this Court rendered in Crl.P.No.6248/2024 disposed on 21.08.2024, it is necessary for the State to take action to appoint a Public Prosecutor to conduct the trial, qua the crime against the petitioner. 6. If the State would not act and appoint the Public Prosecutor, the concerned Court is at liberty to pass necessary orders in accordance with law. Ordered accordingly. - 5 - HC-KAR NC: 2026:KHC:128 CRL.P No. 11960 of 2025 Pending application I.A.No.1/2025 is also disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 104 CT:SS