Dismissed¶29

Premanatha.H.N v. the State of Karnataka

Karnataka HC13 Feb 2025CRL.P/1415/2025

Case brief

AI extract

What is this about?

Premanatha H N v State of Karnataka; CRL.P No. 1415 of 2025; NC: 2025:KHC:6433; High Court of Karnataka at Bengaluru; Justice M. Nagaprasanna; decided 13-02-2025; Section 482 CrPC; Section 528 BNSS; Sections 399 and 402 IPC; quashing of proceedings; second petition after withdrawal of earlier petition; Crl.P.No.6479/2024 withdrawn after charge-sheet; C.C.No.2846/2023; Crime No.379/2020; Chitradurga Rural Police Station; I Additional Civil Judge and JMFC Chitradurga; discharge application; liberty reserved; accused No.5; Addl. SPP Jagadeesha B. N.; advocate K. B. K. Swamy.

What did the court decide?

No quashing granted; liberty reserved to the petitioner to file a discharge application before the concerned Court and to approach this Court subsequently, if need arises. ¶29

Premanatha.H.N Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:6433 CRL.P No. 1415 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 1415 OF 2025 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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PREMANATHA H. N. S/O. LATE H. N. SWAMY, AGED ABOUT 54 YEARS, R/AT JOGIMATTI ROAD, 1^ST CROSS, NEAR GOVERNMENT PRIMARY SCHOOL, CHITRADURGA TOWN, CHITRADURGA- 577501.

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…PETITIONER

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(BY SRI K. B. K. SWAMY, ADVOCATE)

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AND:

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Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench

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THE STATE OF KARNATAKA, BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU- 560001.

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…RESPONDENT

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(BY SRI JAGADEESHA B. N., ADDL. SPP)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF THE CRIMINAL PROCEDURE CODE, IS PRAY THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2846/2023 (CR.NO.379/2020) REGISTERED BY THE CHITRADURGA RURAL P.S., CHITRADURGA FOR THE OFFENCE P/U/S 399, 402 OF IPC PENDING ON THE FILE OF HON’BLE I ADDITIONAL CIVIL

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NC: 2025:KHC:6433 CRL.P No. 1415 of 2025

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JUDGE AND J.M.F.C AT CHITRADURGA AND CONSEQUENTLY PASS SUCH OTHER ORDERS AS DEEM FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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

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ORAL ORDER

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Heard the learned counsel Sri K. B. K. Swamy appearing for the petitioner and the learned Addl.SPP Sri.Jagadeesha B. N. appearing for the respondent-State.

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The petitioner/accused No.5 is before this Court calling in question the proceedings in C.C.No.2846 registered for the offences punishable under Sections 399 and 402 of IPC. The very petitioner had preferred a petition in Crl.P.No.6479/2024. After the filing of the charge-sheet, the same comes to be withdrawn and therefore there is no chain circumstance in the considered view of the Court at this juncture to entertain a second petition though there is no absolute embargo.

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The petitioner at this juncture would submit that he would avail the remedy of filing a discharge before

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NC: 2025:KHC:6433 CRL.P No. 1415 of 2025

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the concerned Court and then approaching this Court in

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the event of need arising.

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The said submission is placed on record. Liberty is reserved to the petitioner to avail of the remedy of filing a discharge and then approach the doors of this Court, if need arises.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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kgk List No.: 19 Sl No.: 39

Premanatha.H.N v. the State of Karnataka

Case brief

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Premanatha.H.N v. the State of Karnataka

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