Dismissed

Shri B G Prakash Kumar v. the State Represented by the

Karnataka HC21 Sept 2023WP/14921/2023

Case brief

AI extract

What is this about?

Four connected writ petitions filed under Articles 226, 226, and 482 CrPC seeking to set aside charge sheets were disposed of by the High Court of Karnataka. The court allowed the petitioners to withdraw the petitions with liberty to approach the Trial Court.

What did the court decide?

Petitions dismissed as withdrawn, with liberty to file an application for discharge before the Trial Court.

Shri B G Prakash Kumar Vs the State Represented… — Criminal Trial and Appeal | Karnataka HC (2023)

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1 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 14921 OF 2023 (GM-RES) C/W

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WRIT PETITION NO. 14876 OF 2023 (GM – RES), WRIT PETITION NO. 14953 OF 2023 (GM – RES), WRIT PETITION NO. 15031 OF 2023 (GM – RES)

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IN W.P.NO.14921/2023

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BETWEEN:

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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SHRI. B.G.PRAKASH KUMAR, S/O LATE SHRI. B.R.GOPAL GOWDA, AGED ABOUT 67 YEARS, RETIRED EXECUTIVE ENGINEER, BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP), R/AT NO.139, 10^TH MAIN ROAD, BCC LAYOUT, VIJAYANAGAR, BANGALORE – 560 040.

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SHRI. Y.M.MUNIRAJU, S/O SHRI. MUNISHAMAPPA, AGED ABOUT 61 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, BBMP, R/AT NO.935, 64^TH CROSS, 5^TH DIVISION,

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2 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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RAJAJINAGAR, BANGALORE – 560 010.

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SHRI. B.T.RAMESH, S/O LATE SHRI. B.H.THAMMAIAH, AGED 69 YEARS, RETIRED ENGINEER-IN-CHIEF, BBMP, R/AT NO.702, 9^TH MAIN ROAD, 3^RD BLOCK, 3^RD STAGE, BASAVESHWARANAGAR, BANGALORE – 560 079.

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SHRI. M. THYAGARAJA, S/O LATE D.M.MUNIRAJAPPA, AGE 69 YEARS, RETIRED, DEPUTY COMPTROLLER OF STATE ACCOUNTS, R/AT NO.62, PEENYA LAYOUT, 3^RD STAGE, 2^ND MAIN, ATTIGUPPE, VIJAYANAGARA, 2^ND STAGE, BANGALORE – 560 040.

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…PETITIONERS

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(BY SRI. VIJAYA KUMAR., ADVOCATE)

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AND:

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THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, CID, BANGALORE - 560 001.

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THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

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3 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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SUPERINTENDENT OF POLICE, BANGALORE METROPOLITAN TASK FORCE, BBMP,

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BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI.M.R.PATIL, HCGP FOR R1 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO CALL FOR RECORDS RELATING TO ISSUE OF THE IMPUGNED CHARGE SHEET FILED BY THE R-1 IN SPL.C.C.NO.339/2020 DATED 10.3.2020 ON THE FILE OF THE 77TH ADDL. CITY CIVIL AND SESSION JUDGE BANGALORE VIDE ANNEXURE - A AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO ACCUSED NOS.1, 2, 5, AND 6 AND ETC.,

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IN W.P.NO.14876/2023

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BETWEEN:

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SRI. H.N.PRABHAKAR, S/O H.V.NANJEGOWDA, AGED ABOUT 65 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, BBMP, R/AT NO.1282, 1^ST CROSS, BEML MAIN ROAD, NEW TIPPASANDRA, BENGALURU – 560 072.

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SRI. B.T.RAMESH, S/O LATE B.H.THAMMANNA, AGED 70 YEARS,

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4 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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RETIRED ENGINEER-IN-CHIEF, BRUHAT BENGALURU MAHANAGARA PALIKE, R/AT NO.702, 9^TH MAIN ROAD, 3^RD BLOCK, 3^RD STAGE, BASAVESHWARANAGAR, BANGALORE – 560 079.

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SRI. THYAGARAJA M., S/O LATE M.MUNIYAPPA, AGE 69 YEARS, RETIRED DEPUTY CONTROLLER OF STATE ACCOUNTS, R/AT NO.62, PEENYA LAYOUT, 3^RD STAGE, 2^ND MAIN, ATHIKUPPE, VIJAYANAGAR, 2^ND STAGE, BENGALURU – 560 040.

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SRI.D.A.ANWAR PASHA, S/O LATE ANWAR JHAN, AGED ABOUT 64 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, BBMP, R/AT NO.22-2, 2^ND CROSS, KAVERY LAYOUT, R.T.NAGAR POST, BENGALURU – 560 032.

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…PETITIONERS

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(BY SRI. VIJAYA KUMAR., ADVOCATE)

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AND:

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THE STATE REPRESENTED BY THE SUPERINTENDENT OF POLICE, CID, BANGALORE - 560 001.

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5 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU – 560 002.

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THE SUPERINTENDENT OF POLICE, BENGALURU METROPOLITAN TASK FORCE, BBMP, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI.M.R.PATIL, HCGP FOR R1 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED CHARGE SHEET FILED BY THE R-1 DATED 25.11.2020 IN SPL.C.C.NO.29/2020 (CRIME NO.4/2011) ON THE FILE OF 77TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE VIDE ANNEXURE - A AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO THE ACCUSED NOS.2, 5, 6 AND 8 ARE CONCERNED AND ETC.,

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IN W.P.NO.14953/2023

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BETWEEN:

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SHRI. B.G.PRAKASH KUMAR, S/O B.R.GOPAL GOWDA, AGED ABOUT 67 YEARS, RETIRED EXECUTIVE ENGINEER, BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP),

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6 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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R/AT NO.139, 10^TH MAIN ROAD, BCC LAYOUT, VIJAYANAGAR, BANGALORE – 560 041.

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SRI. T.N.BETTASWAMAIAH, S/O SRI.MASTHAIAH, AGED ABOUT 72 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, (BBMP), R/AT NO.154, 4^TH CROSS, SAI ENCLAVE, NEAR M.S.RAMAIAH CITY, 8^TH PHASE, J.P.NAGAR, BANGALORE – 560 078.

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SHRI. B.T.RAMESH, S/O LATE SHRI. B.H.THAMMAIAH, AGED 70 YEARS, RETIRED ENGINEER-IN-CHIEF, BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP), R/AT NO.702, 9^TH MAIN ROAD, 3^RD BLOCK, 3^RD STAGE, BASAVESHWARANAGAR, BANGALORE – 560 079.

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SHRI. M. THYAGARAJA, S/O LATE D.M.MUNIRAJAPPA, AGE 69 YEARS, RETIRED DEPUTY CONTROLLER OF STATE ACCOUNTS, R/AT NO.62, PEENYA LAYOUT, 3^RD STAGE, 2^ND MAIN, ATTIGUPPE, VIJAYANAGAR, 2^ND STAGE, BENGALURU – 560 040.

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…PETITIONERS

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(BY SRI. VIJAYA KUMAR., ADVOCATE)

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NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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AND:

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THE STATE BY DEPUTY SUPERINTENDENT OF POLICE, CID, BANGALORE - 560 001.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU – 560 002.

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SUPERINTENDENT OF POLICE, BENGALURU METROPOLITAN TASK FORCE, BBMP, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI.M.R.PATIL, HCGP FOR R1 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED CHARGE SHEET FILED BY THE R-1 IN SPL.C.C.NO.34/2020 DATED 25.11.2019 ON THE FILE OF THE 77TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE VIDE ANNEXURE - A AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO THE ACCUSED NOS.1, 2, 5 AND 6 AND ETC.,

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IN W.P.NO.15031/2023

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BETWEEN:

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SHRI. D.A.ANWAR PASHA, S/O LATE H.R.AMEERJAN,

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8 - NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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AGED ABOUT 63 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, (DIVISION – II), BRUHAT BANGALORE MAHANAGARA PALIKE (BBMP), R/AT NO.22-2, 2^nd CROSS, SHAMANNAGARDEN ROAD, KAVERINAGAR, R.T.NAGAR POST, BANGALORE – 560 032.

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SHRI. M. THYAGARAJA, S/O LATE D.M.MUNIRAJAPPA, AGED ABOUT 68 YEARS, RETIRED DEPUTY CONTROLLER OF STATE ACCOUNTS, R/AT NO.62, PEENYA LAYOUT, 3^RD STAGE, 2^ND MAIN, ATTIGUPPE, VIJAYANAGAR, 2^ND STAGE, BENGALURU – 560 040.

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…PETITIONERS

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(BY SRI. VIJAYA KUMAR., ADVOCATE)

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AND:

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THE STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, CID, BANGALORE - 560 001. REPRESENTED BY DY. SP.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU – 560 002.

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NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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SUPERINTENDENT OF POLICE, BENGALURU METROPOLITAN TASK FORCE,

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BRUHAT BANGALORE MAHANAGARA PALIKE, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI.M.R.PATIL, HCGP FOR R1 AND R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO CALL FOR THE RECORDS RELATING TO ISSUE OF THE IMPUGNED CHARGE SHEET DATED 03.08.2021, FILED BY THE R-1 IN SPL.C.C.NO.1332/2021 (CRIME NO.4/2011) ON THE FILE OF THE 77TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE VIDE ANNEXURE - A AND AFTER PERUSAL SET ASIDE THE SAME IN SO FAR AS IT RELATES TO THE ACCUSED NOS.2 AND 6 ARE CONCERNED AND ETC.,

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for the petitioners has filed a memo seeking leave of this Court to withdraw the petition reserving liberty to approach the Trial Court and exercise remedy available to them by preferring discharge application.

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Memo is placed on record.

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10 -

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NC: 2023:KHC:34935 WP No. 14921 of 2023 C/W WP No. 14876 of 2023 WP No. 14953 of 2023 WP No. 15031 of 2023

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Accordingly, petitions are dismissed as withdrawn reserving liberty to the petitioners to file an application for discharge before the Trial Court.

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Sd/JUDGE

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RKA List No.: 3 Sl No.: 1

Shri B G Prakash Kumar v. the State Represented by the

Case brief

What is this about?

What did the court decide?

Shri B G Prakash Kumar v. the State Represented by the

Case brief

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