Venkatasubbaraju v. State of Karnataka by

Karnataka HC6 Jun 2025CRL.P/12688/2024

Case brief

AI extract

What is this about?

Criminal petition (CRL.P 12688/2024), Karnataka High Court, Justice M. Nagaprasanna, decided 06-06-2025. Quashing petition under S.482 Cr.P.C / S.528 BNSS against C.C.No.3935/2024 (Bagalur P.S.; BNS 2023 ss.109, 351(3), 352, 61, 55, 329(3) r/w 3(5)) before Principal Civil Judge and JMFC Devanahalli; disposed with liberty to pursue discharge application, trial court directed to decide it on merits; no case law relied on; no costs or amounts awarded.

What did the court decide?

Petition disposed enabling the petitioners to instead file an application for discharge before the concerned court (Principal Civil Judge and JMFC, Devanahalli); any such discharge application to be answered by that court on its merits. The quashing prayer was not adjudicated on merits. ¶¶36

Venkatasubbaraju Vs State of Karnataka by — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the entire criminal proceedings against the petitioners in C.C.No.3935/2024 (Bagalur P.S.) for offences punishable under ss.109, 351(3), 352, 61, 55, 329(3) r/w sec.3(5) of BNS 2023, pending before the Principal Civil Judge and JMFC, Devanahalli, should be quashed (petition filed u/s 482 Cr.P.C, filed u/s 528 BNSS).

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Court's answer

In the event the petitioner files an application seeking discharge in the pending case, the concerned Court shall answer the same on its merit — this being the route by which the quashing prayer was resolved instead of adjudication.

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Ratio / Principle

With the aforesaid observations (counsel having sought leave to avail the remedy of a discharge application before the concerned court), the criminal petition stands disposed.

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Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Hon'ble Mr Justice M.Nagaprasanna), Oral Order dated 06-06-2025 in CRL.P No. 12688 of 2024 (NC: 2025:KHC:19280). Petitioners Venkatasubbaraju @ Abayaraju and G. Sendhil filed the petition u/s 482 Cr.P.C (filed u/s 528 BNSS) praying to quash the entire proceedings in C.C.No.3935/2024 of Bagalur P.S. for offences p/u/s 109, 351(3), 352, 61, 55, 329(3) r/w sec.3(5) of BNS 2023, pending before the Principal Civil Judge and JMFC, Devanahalli. After argument at length, learned counsel sought leave to avail the remedy of an application for discharge before the concerned court. The Court disposed of the petition, directing that in the event such a discharge application is filed, the concerned Court shall answer the same on its merit. No precedent was discussed and no finding was recorded on the quashing question.

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NC: 2025:KHC:19280 CRL.P No. 12688 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12688 OF 2024

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BETWEEN:

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VENKATASUBBARAJU @ ABAYARAJU,

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S/O ADINARAYA RAJU, AGED ABOUT 44 YEARS, R/AT NO.2, 2ND MAIN, M.S.H. LAYOUT, 1ST STAGE, ANANDANAGARA, HEBBALA, BANGALORE – 560 024.

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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G. SENDHIL, S/O T.GOPAL, AGED ABOUT 42 YEARS, R/AT NO.678/1581, B.B.ROAD, OPP.SBT GANESH TILES COMPANY, YELAHANKA, BANGALORE – 560 064.

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(BY SRI. VISHNUMURTHY, ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA BY BAGALUR P.S REPRESENTED BY SPP, HIGH COURT, BANGALORE – 560 009.

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MURTHY, S/O SUBBARAYAPPA,

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NC: 2025:KHC:19280 CRL.P No. 12688 of 2024

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HC-KAR

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AGED ABOUT 42 YEARS, RESIDING AT NO.16, 7TH CROSS, RKC NAGAR, SHRIRAMPUR, BANGALORE – 560 021.

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…RESPONDENTS

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(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. F. MIR PARVEEZ AHMED, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THEM IN C.C.NO.3935/2024 FOR AN OFFENCE P/U/S 109, 351(3), 352, 61, 55, 329(3) R/W SEC.3(5) OF BNS 2023 OF BAGALUR P.S., WHICH IS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC DEVANAHALLI.

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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 M.NAGAPRASANNA

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ORAL ORDER

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Learned counsel for the petitioner after arguing the

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matter at length seeks leave of this Court to avail a remedy by filing an application for discharge before the concerned court.

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