Shri Dr Virupaxi S/O Shivalingappa Sadhunavar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Shri Dr Virupaxi S/O Shivalingappa Sadhunavar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn, with liberty as prayed for to file a fresh petition with additional grounds challenging the private complaint in P.C. No.30/2025 and the order dated 28/02/2025 passed by the Prl. Civil Judge & JMFC Court, Bailhongal.

Issue for consideration

Whether the private complaint registered in P.C.R.No. 30/2025 and its proceedings before the Prl. Civil Judge and JMFC Court, Bailhongal, for offences punishable under Sections 316, 318, 319, 336, 338, 340, 343, 344 read with Section 3(5) of BNS 2023 should be quashed insofar as the present petitioners (Accused Nos. 1, 6, 7, 40, 41, 43, 44, 45, 46, 47, 48, 49, 60) are concerned. (Raised but not adjudicated; the petition was withdrawn.)

Ratio / Principle

In view of the memo filed by learned counsel for the petitioners seeking withdrawal of the petition with liberty to file a fresh petition, the Court dismissed the petition as withdrawn with liberty as prayed for. The substantive question of quashing P.C.R.No. 30/2025 was left undecided; the petitioners were permitted to file a fresh petition challenging the private complaint in P.C. No.30/2025 and the order dated 28/02/2025 of the Prl. Civil Judge & JMFC Court, Bailhongal, with additional grounds.

Detailed headnote1 paragraphs

CRL.P No. 101354 of 2025 (NC: 2025:KHC-D:4809), High Court of Karnataka, Dharwad Bench, decided 14.03.2025 by Shivashankar Amaranannavar, J. — Thirteen petitioners, arrayed as Accused Nos. 1, 6, 7, 40, 41, 43, 44, 45, 46, 47, 48, 49 and 60 in a private complaint registered in P.C.R.No. 30/2025 before the Prl. Civil Judge and JMFC Court, Bailhongal, for offences punishable under Sections 316, 318, 319, 336, 338, 340, 343, 344 read with Section 3(5) of BNS 2023, filed this petition under Section 482 Cr.P.C. (Section 528 BNSS 2023) seeking quashing of the complaint and its proceedings. After filing, the trial court by order dated 28/02/2025 referred the case for investigation by the Police Inspector, Bailhongal Police Station; counsel accordingly filed a memo seeking withdrawal of the petition with liberty to file a fresh petition challenging both the complaint and that order with additional grounds. Held: In view of the memo, the petition is dismissed as withdrawn with liberty as prayed for. The quash question was not adjudicated.

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NC: 2025:KHC-D:4809 CRL.P No. 101354 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 14^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101354 OF 2025

BETWEEN:

SHRI DR VIRUPAXI S/O. SHIVALINGAPPA SADHUNAVAR, AGED: 74 YEARS, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SHRI KIRAN S/O. VIRUPAXI SADHUNAVAR, AGED: 47 YEARS, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SHRI DHEERAJ S/O. CHANDRASHEKHAR SADHUNAVAR, AGED: 40 YEARS, OCC: BUSINESS, R/O: AMATOOR, TQ: BAILHONGAL, DIST: BELAGAVI – 591 102.

Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad

SMT. SHRUTI VIRUPAXI SADHUNAVAR, AGED: MAJOR, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SMT. POOJA KIRAN SADHUNAVAR, AGED: MAJOR, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SHRI SURAJ S/O. CHANDRASHEKAR SADHUNAVAR, AGED: MAJOR, OCC: BUSINESS, R/O: AMATOOR, BAILHONGAL, DIST: BELAGAVI – 591 102.

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NC: 2025:KHC-D:4809 CRL.P No. 101354 of 2025

SHRI CHANDRASHEKHAR S/O. SHIVALINGAPPA SADHUNAVAR, AGED: MAJOR, OCC: BUSINESS, R/O: AMATOOR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SMT. USHA VIRUPAXI SADHUNAVAR, AGED: MAJOR, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SMT. KRUPA W/O. RAJESH KARALE, AGED: MAJOR, OCC: BUSINESS, R/O: H.NO.335, NEAR SANGLI HIGH SCHOOL, MAHAVEER NAGAR, SANGLI, DISTRICT: SANGLI, MAHARASHTRA – 416 416.

SHRI VEERANGOUDA S/O. SHIVANAGOUDA PATIL, AGED: MAJOR, OCC: BUSINESS, R/O: MRUTYUNJAY NAGAR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SMT. MEENAXI CHANDRASHEKHAR SADHUNAVAR, AGED: MAJOR, OCC: BUSINESS, R/O: AMATOOR, BAILHONGAL, DIST: BELAGAVI – 591 102.

SHRI PAVAN S/O. KISHOR RATHOD, AGED: MAJOR, OCC: BUSINESS, R/O: PRERANA PRE UNIVERSITY COLLEGE, HINDAWADI, DIST: BELAGAVI – 591 102.

SMT. LAXMI VEERAGOUDA PATIL, AGED: MAJOR, OCC: BUSINESS, R/O: NERLI, TQ: HUKKERI, DIST: BELAGAVI – 591 102.

…PETITIONERS

(BY SRI K. L. PATIL AND SRI S.S.BETURMATH, ADVOCATES)

AND:

THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA

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NC: 2025:KHC-D:4809 CRL.P No. 101354 of 2025

AT DHARWAD BENCH, DHARWAD – 580 011.

THE KARNATAKA STATE SOUHARDA FEDERAL CO OPERATIVE LTD., BENGLAURU, HAVING ITS REGIONAL OFFICE AT BELAGAVI, REP. BY IS REGIONAL MANAGER, SHRI BASAVARAJ S/O. SANNAVEERAPPA HONGAL, AGE: 37 YEARS, OCC: SERVICE, AS REGIONAL MANAGER, K.S.S.F.C. LTD., R/O: O/O K.S.S.F.C. LTD., REGIONAL OFFICE AT 1119/B KANABARGI INDUSTRIAL AREA NEAR RURAL AYURVEDIC COLLEGE, AUTO NAGAR, BELAGAVI – 590 015.

…RESPONDENTS

(BY SRI RAMESH B. CHIGARI, AGA FOR R1)

THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE PRIVATE COMPLAINT REGISTERED IN P.C.R.NO. 30/2025 AND ITS PROCEEDINGS BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT, BAILHONGAL FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 316, 318, 319, 336, 338, 340, 343, 344 READ WITH SECTION 3(5) OF BNS 2023 INSOFAR AS THE PRESENT PETITIONERS/ACCUSED NO.1, 6, 7, 40, 41, 43, 44, 45, 46, 47, 48, 49, 60 ARE CONCERNED. IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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NC: 2025:KHC-D:4809 CRL.P No. 101354 of 2025

ORAL ORDER

Learned counsel for the petitioners files a memo seeking withdrawal of the petition with liberty to file a fresh petition.

Memo reads thus;

“In this the Advocate for the Petitioners submits as under:

That, the Petitioners had filed the above criminal petition before this Hon'ble Court seeking for quashing of private complaint registered in P.C.R No. 30/2025 and its proceedings before the Prl. Civil Judge & JMFC Court, Bailahongal for the offence punishable under Sections 316, 318, 319, 336, 338, 340, 343, 344 R/w. Section 3(5) of BNS 2023 insofar as the present Petitioners/Accused No.1, 6, 7, 40, 41, 43, 44, 45, 46, 47, 48, 49, 60 are concerned.

After filing of the above petition the learned Prl. Civil Judge & JMFC Court, Bailahongal by order dated 28/02/2025 referred the case for investigation by the Police Inspector, Bailhongal Police Station. Hence, the Petitioners want to challenge the order dated 28/02/2025 along with the private complaint with additional grounds. Hence, the Petitioners may be permitted to withdraw the above Petition with liberty to file fresh petition with additional grounds challenging

NC: 2025:KHC-D:4809 CRL.P No. 101354 of 2025

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the private complaint in P.C. No.30/2025 and order dated 28/02/2025 passed by the Prl. Civil Judge & JMFC Court, Bailhongal, in the ends of justice.”

In view of the memo, the petition is dismissed

as withdrawn with liberty as prayed for.

Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

PJ/CT-ASC List No.: 2 Sl No.: 4