Dismissed¶37

Rohith Gowda v. the State of Karnataka

Karnataka HC9 Apr 2025CRL.P/10715/2022

Case brief

AI extract

What is this about?

Quash petition; Section 482 Cr.P.C.; 528 BNSS; CRL.P No. 10715 of 2022; Spl.C.No.64/2022; Hariharapura Police; Chikkamagaluru; SC & ST (POA) Amendment Act 2015; Section 3(1)(r)(s)(2)(va); IPC Sections 323, 504, 34; charge sheet; discharge application before Sessions Court; dismissed as withdrawn; contentions kept open; I.A.No.1/2022 disposed; Mohammad Nawaz, J.; High Court of Karnataka; 2025 KHC 15315.

What did the court decide?

Liberty reserved to the petitioners to file a discharge application before the Sessions Court, to be considered and disposed of as expeditiously as possible; all contentions kept open; I.A.No.1/2022 disposed of. ¶37

Rohith Gowda Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶37

Issue for consideration

Whether the proceedings in Spl.C.No.64/2022 pending before the Additional District and Sessions Judge and Special Court under the SC & ST (POA) Act, Chikkamagaluru, should be quashed under Section 482 Cr.P.C. (raised by the petition; not adjudicated on merits - petition dismissed as withdrawn).

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Court's answer

The criminal petition was dismissed as withdrawn, in light of learned counsel for the petitioners submitting that he may be permitted to withdraw the petition with liberty to file a discharge application.

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Ratio / Principle

Liberty was reserved to the petitioners to file a discharge application before the Sessions Court; if any such application is filed, it shall be considered and disposed of as expeditiously as possible.

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Key takeaways

All the contentions were kept open.ratio¶38
I.A.No.1/2022 was disposed of.ratio¶39

Detailed headnote1 paragraphs

Karnataka High Court, Bengaluru - CRL.P No. 10715 of 2022 (filed under Section 482 Cr.P.C.; cause title also notes 528 BNSS), decided 09.04.2025 by Mohammad Nawaz, J. Petitioners Rohith Gowda and Jagadeesha sought quashing of Spl.C.No.64/2022, registered by Hariharapura Police, Chikkamagaluru, for offences under Sections 323, 504 r/w 34 IPC and Section 3(1)(r)(s)(2)(va) of the SC & ST (POA) Amendment Act, 2015, charge-sheeted and pending before the Additional District and Sessions Judge and Special Court under the SC & ST (POA) Act, Chikkamagaluru. At admission stage, learned counsel for the petitioners sought permission to withdraw the petition with liberty to file a discharge application before the Special Court raising all contentions. The Court dismissed the petition as withdrawn, reserved liberty to file the discharge application before the Sessions Court with a direction that it be considered and disposed of as expeditiously as possible, kept all contentions open, and disposed of I.A.No.1/2022. No issue was adjudicated on merits; no precedents were cited.

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1 - NC: 2025:KHC:15315 CRL.P No. 10715 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10715 OF 2022 (482(Cr.PC) /

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528(BNSS))

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BETWEEN:

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ROHITH GOWDA

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S/O SHANKARAPPA GOWDA, AGED ABOUT 42 YEARS,

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R/AT NILUVAGILU VILLAGE,

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C/O HOSKERE, HIREKODIGE VILLAGE, KOPPA TALUK, CHIKKAMGALURU-577 126.

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JAGADEESHA

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S/O SHANKARAPPA GOWDA,

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AGED ABOUT 53 YEARS,

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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R/AT BENAJILU NILUVAGILU VILLAGE, HARIHARAPURA KOPPA TALUK, CHIKKAMAGALURU-577 120.

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…PETITIONERS

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(BY SRI. GANESHA K., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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BY HARIHARAPURA POLICE STATION, CHIKKAMAGALURU, REPRESENTED BY THE HCGP.

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SURESHA H M S/O MANJUNATHA H K,

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NC: 2025:KHC:15315 CRL.P No. 10715 of 2022

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RESIDING AT SRINGERI ROAD, HARIHARAPURA VILLAGE, CHIKKAMAGALURU-577 120.

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…RESPONDENTS

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(BY MS. ASMA KOUSER, ADDL. SPP FOR R-1; SRI. GIRI K., ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CASE IN SPL.C.NO.64/2022 REGISTERED BY THE HARIHARAPURA POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 504, R/W SECTIOIN 34 OF INDIAN PENAL CODE, 1860 AND UNDER SECTIONS 3(1)(r)(s)(2)(va) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 AND PENDING BEFORE THE COURT OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL COURT UNDER SC AND ST (PREVENTION OF ATROCITIES) ACT, AT CHIKKAMAGALURU.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition under Section 482 of Cr.P.C., is preferred to quash the proceedings in Spl.C.No.64/2022 pending before the Court of Additional District and Sessions Judge and Special Court under SC & ST (Prevention of Atrocities) Act, Chikkamagaluru.

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3 - NC: 2025:KHC:15315 CRL.P No. 10715 of 2022

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Charge sheet is filed against the petitioners for

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offences punishable under Section 323, 504 r/w 34 of IPC and Section 3(1)(r)(s)(2)(va) of the SC & ST (POA) Amendment Act, 2015.

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Learned counsel for petitioners submitted that he may be permitted to withdraw the petition with a liberty to the petitioners to file a discharge application before the Special Court, raising all contentions.

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In the light of the above submission, petition is dismissed as withdrawn , reserving liberty to the petitioners to file discharge application before the Sessions Court. If any such application is filed, the same shall be considered and disposed of as expeditiously as possible.

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All the contentions are kept open.

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I.A.No.1/2022 is disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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List No.: 1 Sl No.: 15

Rohith Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Rohith Gowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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