Shri Gopal S/O. Ramachandra Naik Alias Nayik v. State of Karnataka

Karnataka HC29 Jan 2025CRL.P/100387/2025

Case brief

AI extract

What is this about?

Quashing petition under S.482 Cr.P.C. / S.528 BNSS against proceedings in Crime No.221/2024 of Harugeri Police Station (Raibag Taluk, Belagavi) for offences under Sections 189(2), 191(2), 191(3), 109, 118(1), 352, 351(2) and 190 of BNSS 2023; petition dismissed as withdrawn at admission stage with liberty to file afresh upon filing of charge sheet; pending applications disposed as not surviving; High Court of Karnataka, Dharwad Bench; Hemant Chandangoudar, J.; 29-01-2025; NC: 2025:KHC-D:1707.

What did the court decide?

Permission to withdraw the petition with liberty reserved to file a fresh petition in the event a charge sheet is filed against the petitioners. ¶32-33

Shri Gopal S/O. Ramachandra Naik Alias Nayik Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC-D:1707 CRL.P No. 100387 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100387 OF 2025 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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SHRI. GOPAL S/O. RAMACHANDRA NAIK @ NAYIK, AGE. 30 YEARS, OCC. AGRICULTURE.

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MISS. SUREKA D/O. YALLAPPA NAIK @ NAYIK AGE. 30 YEARS, OCC. ADVOCATE.

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SHRI. SURESH S/O. SIDDAPPA NAIK @ NAYIK AGE. 49 YEARS, OCC. AGRICULTURIST.

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SHRI. RAVI @ RAVINDRA S/O. GOPAL NAIK @ NAYIK, AGE. 25 YEARS, OCC. STUDENT.

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SHRI. RAVI S/O. YALLAPPA NAIK @ NAYIK AGE. 19 YEARS, OCC. STUDENT.

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Digitally signed by B K MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 14:21:09 +0530

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SHRI. MUTTEPPA @ MUTTNAIK S/O. YALLAPPA NAIK @ NAYIK, AGE. 26 YEARS, OCC. STUDENT.

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SMT. YALLAVVA W/O. SURESH NAIK @ NAYIK AGE. 38 YEARS, OCC. HOUSEWIFE.

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SMT. SHOBHA W/O. YALLAPPA NAIK @ NAYIK AGE. 62 YEARS, OCC. HOUSEWIFE.

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SMT. SAVITRI W/O. GOPAL NAIK @ NAYIK AGE. 65 YEARS, OCC. HOUSEWIFE.

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ALL ARE R/O. KHANDAL VILLAGE IN RAIBAG TALUKA, DIST. BELAGAVI-591235.

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…PETITIONERS

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(BY SRI. SHARAD MALGOUDA PATIL, ADVOCATE)

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2 - NC: 2025:KHC-D:1707 CRL.P No. 100387 of 2025

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AND:

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STATE OF KARNATAKA THROUGH SHO HARUGERI P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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GURUPUTRA RANGAPPA NAYIK, AGE. 25 YEARS, OCC. LABOURER, R/O. KHANADAL, TQ. RAIBAG, BELAGAVI-591235.

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…RESPONDENTS

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(BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE PROCEEDINGS AGAINST THE PETITIONERS NO.1 TO 9/ACCUSED NO.1 TO 9 REGISTERED IN CRIME NO.221/2024 PENDING BEFORE THE HARUGERI P.S. FOR THE OFFENCES PUNISHABLE U/S 189(2), 191(2), 191(3), 109, 118(1), 352, 351(2) AND 190 OF BNSS 2023.

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

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CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Learned AGA accepts notice for respondent No.1.

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Learned counsel for the petitioners seeks leave of the Court

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to withdraw the petition reserving liberty to file petition afresh in the