Disposed

Sri Mahesh Bheemashankar Biradar @ Mahesh Bheemashankar Birajdar v. State by

Karnataka HC14 Oct 2024CRL.P/8662/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of charge sheet for offences under the IPC and the Banning of Unregulated Deposit Schemes Act. Counsel sought leave to withdraw and pursue discharge before trial court; petition disposed with contentions open, warrant suspended.

What did the court decide?

Liberty to withdraw and seek discharge; fresh exemption application to be considered on merits within four weeks; warrants suspended meanwhile.

Sri Mahesh Bheemashankar Biradar @ Mahesh Bheemashankar… — Quashing and FIR | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:41978 CRL.P No. 8662 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 14^TH DAY OF OCTOBER, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8662 OF 2024

¶7

BETWEEN:

¶8

SRI. MAHESH BHEEMASHANKAR BIRADAR @ MAHESH BHEEMASHANKAR BIRAJDAR, S/O SRI. BHIMASHANKAR BIRAJDAR, AGED ABOUT 34 YEARS, RESIDING AT NO. 21, OM SHRAVAN BHAV, 5TH MAIN, MARUTHI EXTENSION, SRIRAMPURAM, BENGALURU NORTH, BENGALURU - 560 021.

¶9

ALSO AT FLAT NO. C-203, PLATINUM ANAND APARTMENT, BULL TEMPLE ROAD, KEMPEGOWDA NAGAR, BANGALORE - 560 004.

¶10

…PETITIONER

¶11

Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

¶12

(BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. MUNISWAMY GOWDA H, ADVOCATE)

¶13

AND:

¶14

STATE BY YESHWANTHPUR POLICE STATION, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

¶15

SMT. PREMA KADLIMATTI, WIFE OF SRI. SOMASHEKAR M,

¶16

¶17

NC: 2024:KHC:41978 CRL.P No. 8662 of 2024

¶18

AGED ABOUT 37 YEARS, RESIDENT OF NO. 514, 3RD MAIN, MANJUNATH NAGAR, RAJAJINAGAR, BENGALURU - 560 022.

¶19

…RESPONDENTS

¶20

(BY SMT. RASHMI PATEL, HCGP)

¶21

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FINAL REPORT / CHARGE SHEET IN SPECIAL C.C.NO.1286/2023 FOR OFFENCE P/U/S 120B, 406, 420, 201, 324, 504, 506, 341, 149 OF IPC AND U/S 21(1)(2) AND (3) OF BANNING OF UNREGULATED DEPOSIT SCHEME ACT, 2019, PENDING ON THE FILE OF PRL. CITY CIVIL AND SESSION JUDGE AT BENGALURU AND SPECIAL COURT FOR BANNING OF UNREGULATED DEPOSIT SCHEME ACT AT BENGALURU (CCH-1).

¶22

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶24

ORAL ORDER

¶25

Learned Senior Counsel Sri. K.N. Phanindra

¶26

appearing for the petitioner.

¶27

Learned Senior Counsel after arguing the

¶28

matter at length would seek leave of the Court to

¶29

¶30

NC: 2024:KHC:41978 CRL.P No. 8662 of 2024

¶31

withdraw the petition and prefer the remedy of filing a discharge before the concerned Court.

¶32

In that light, petition stands disposed. All contentions left open

¶33

Learned Senior Counsel at this juncture would submit that an application seeking exemption from appearance was filed before the concerned Court, which has been rejected and NBW is issued.

¶34

The petitioner is at liberty to file an application seeking his exemption from appearance before the concerned Court and if such an application is filed the concerned Court shall answer the same on its merit.

¶35

The application, if any, seeking exemption shall

¶36

be filed within four weeks from the date of receipt of copy of the order and the concerned Court shall pass necessary order within four weeks thereafter.

¶37

¶38

NC: 2024:KHC:41978 CRL.P No. 8662 of 2024

¶39

Till such time, warrant of any kind shall stand

¶40

suspended.

¶41

Sd/(M.NAGAPRASANNA) JUDGE

¶42

BVK List No.: 1 Sl No.: 3 CT: BHK