A N Vijayakumar S/O a Narasimhaiah Vs State of Karnataka — Corruption | Karnataka HC (2025)

A N Vijayakumar S/O a Narasimhaiah Vs State of Karnataka — Corruption | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 29.07.2024 passed in Spl.C.No.758/2024 by the Prl. District and Sessions Judge, Bellary, issuing non-bailable warrants (NBW) against the petitioners for offences under Sections 13(1)(b) r/w 13(2) of the P.C. Act should be quashed as an abuse of process of court. (Raised by the petition but never adjudicated, as the petition was withdrawn.)

Court's answer

In view of the memo filed by learned counsel for the petitioners and the supporting submission, the criminal petition is dismissed as withdrawn, the petitioners having stated that it became infructuous because Crl.P.No.102576/2024 (filed by Petitioners 1 and 2) was disposed of by this Court on 16.01.2025 and the prayer in the present petition does not survive for consideration. No finding was recorded on the merits of the impugned NBW order.

Detailed headnote1 paragraphs

Criminal Petition No. 102577 of 2024, filed under Section 528 of BNSS, 2023 (parallel provision noted as 482 of Cr.PC) by three petitioners — including an Electrical Inspector — sought quashing of the order dated 29.07.2024 passed in Spl.C.No.758/2024 by the Prl. District and Sessions Judge, Bellary, for issuance of NBWs against the petitioners for offences under Sections 13(1)(b) r/w 13(2) of the P.C. Act, on the ground of abuse of process of court. Respondents were the State of Karnataka through Lokayukta Police, Bellary, and the Police Inspector concerned. Before orders, learned counsel for the petitioners filed a memo seeking withdrawal, submitting that the petition had become infructuous since the petition filed by Petitioners 1 and 2 in Crl.P.No.102576/2024 had been disposed of by the Court on 16.01.2025 and the prayer in the present petition did not survive. By oral order dated 25.07.2025, Justice Venkatesh Naik T (High Court of Karnataka, Dharwad Bench) dismissed the petition as withdrawn. No adjudication was made on the legality of the NBW order.

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NC: 2025:KHC-D:9174 CRL.P No. 102577 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 25^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 102577 OF 2024 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

A. N. VIJAYAKUMAR, S/O. A. NARASIMHAIAH, AGED ABOUT 48 YEARS, OCC: ELECTRICAL INSPECTOR. AT OFFICE OF DEPUTY CHIEF ELECTRICAL INSPECTOR, BELALRY R/AT FLAT NO.33, SIRUGUPPA ROAD, GANESH NAGAR, BELALRY-583101. PERMANENTLY R/AT: BEHIND RAGHAVENDRA SWAMY MUTT, PATHANJALI NAGAR, K. R. EXTENSION, PAVAGADA TOWN, TUMKURU DIST.- 561202.

Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

PRATIBHA SHANBOGH, W/O A. N. VIJAYAKUMAR, AGED ABOUT 39 YEARS, OCC: ASST. PROFESSOR ECE DEPT., BITM ENGINEERING COLLEGE, ALLIPURA, BELLARY-583104, R/AT: FLAT NO.33, SIRUGUPPA ROAD, GANESH NAGAR, BELLARY-583101.

Y. D. YERRENNA, S/O. SANNALINGANAGOUDA, AGED ABOUT 73 YEARS, OCC: RETD. MANAGER, AT OFFICE OF DEPUTY CHIEF ELECTRICAL INSPECTOR, BELLARY, R/AT NO.268/B,

2 - NC: 2025:KHC-D:9174 CRL.P No. 102577 of 2024

HC-KAR

SRI. NEEAKNATESHWAR NILAYA, 2^ND MAIN ROAD, BASAVESHWARA NAGAR, BELLARY-583101.

…PETITIONERS

(BY SRI. S. C. BHUTI, ADVOCATE)

AND:

STATE OF KARNATAKA, BY LOKAYUKTA POLICE, BELLARY-583101, REPRESENTED BY SPL. P.P, HIGH COURT OF KARNATAKA, DHARWAD-580011.

PRABHULINGAIAH S. HIREMATH, S/O. SHARANAIAH HIREMATH, AGED ABOUT 44 YEARS, POLICE INSPECTOR, ACB POLICE STATION, BLOCK-3, GROUND FLOOR, AMERICAN GUEST HOUSE, ANANTHAPUR ROAD, BELLARY-583101.

…RESPONDENTS (BY SRI. SANTOSH B. MALAGOUDAR, SPL. P.P. FOR R1; NOTICE TO R2 SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, SEEKING TO QUASH THE ORDER, DATED 29.07.2024, PASSED IN SPL.C.NO.758/2024, BY THE PRL. DISTRICT AND SESSIONS JUDGE, BELLARY, FOR ISSUANCE OF NBW TO THE PETITIONERS FOR THE OFFENCES UNDER SECTIONS 13(1)(b) R/W. 13(2) OF P.C. ACT AS IT IS AN ABUSE OF PROCESS OF COURT, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:9174 CRL.P No. 102577 of 2024

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Learned counsel for the petitioners has filed a memo seeking withdrawal of the petition. The contents of withdrawal memo read as under:

“The petitioners above named respectfully submits that, the above petition has become infructuous since the petition filed by the petitioners No.1 & 2 in Crl.P.No.102576/2024 was disposed off by this Hon’ble Court on 16.01.2025 and prayer sought in this petition does not survive for consideration. Hence, this Hon’ble Court may be pleased to dismiss the above petition as become infructuous in the interest of justice and equity.”

In view of the memo and supporting submission, the petition is dismissed as withdrawn.

Sd/(VENKATESH NAIK T) JUDGE

AM/CT-AN List No.: 1 Sl No.: 13