Sri Lokesh Alias Anne Lokesh Vs the State of Karnataka

SRI LOKESH ALIAS ANNE LOKESH S/O HANUMANTHAPPA AGED ABOUT 37 YEARS, R/AT VINAYAKA TEMPLE BACK SIDE, KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT, BENGALURU 560116.

¶10

SRI SHANKARA ALIAS VIJAYASHANKARA S/O CHANDRA SHEKAR AGED ABOUT 43 YEARS R/AT KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT, BENGALURU 560116.

¶11

SRI CHETHAN

¶12

S/O HANUMANTHAPPA, AGED ABOUT 35 YEARS, R/AT GANESHA TEMPLE BACK SIDE, KAGGALIPURA VILLAGE,

¶13

NC: 2025:KHC:51937 CRL.P No. 15122 of 2025

¶14

2 -

¶15

HC-KAR

¶16

UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT, BENGALURU 560116.

¶17

…PETITIONERS

¶18

(BY SRI. PRAVEEN KUMAR K S., ADVOCATE)

¶19

AND:

¶20

THE STATE OF KARNATAKA BY KAGGALIPURA POLICE STATION, HAROHALLI CIRCLE, BENGALURU SOUTH DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU 560001.

¶21

SRI J DHANRAJ S/O JAGADEESH AGED ABOUT 32 YEARS, R/AT NEAR ADISHAKTHI VISHALAMMA TEMPLE, TATAGUNI VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU 560082.

¶22

…RESPONDENTS

¶23

(BY SRI.RAHUL RAI K HCGP FOR R1)

¶24

CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE

¶25

3 - NC: 2025:KHC:51937 CRL.P No. 15122 of 2025

¶26

HC-KAR

¶27

PROCEEDINGS IN THE CRIMINAL CASE IN S.C.NO.69/2021 PENDING ON THE FILE OF IX ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU FOR THE OFFENCE P/U/S 307,323,324,326 R/W 34 OF IPC AGAINST THE PETITIONERS.

¶28

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

¶29

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶30

ORAL ORDER

¶31

Petitioners are seeking to quash the proceedings pending against them in S.C.No.69/2021 on the file of IX Additional District and Sessions Judge, Bengaluru Rural District at Bengaluru.

¶32

Charge sheet is filed against the

¶33

petitioners/accused Nos.1 to 3 for the offences punishable under Section 307, 323, 324, 326 r/w 34 of IPC.

¶34

It is the case of prosecution that on 25.12.2019 at about 9.45 to 10.00 p.m., on account of previous enmity, the accused picked up quarrel with CW.1 and CW.2 and

¶35

4 - NC: 2025:KHC:51937 CRL.P No. 15122 of 2025

¶36

HC-KAR

¶37

accused No.1 assaulted CW.1 with iron rod on the left side of his head and left hand, accused No.2 assaulted with repiece patti on his face and accused No.3 kicked with his legs. Further, accused No.2 assaulted CW.2 with repiece patti on his face and accused No.3 assaulted him with hands etc.

¶38

Charge sheet is filed based on the statements of injured as well as other eye witnesses. Hence, it cannot be said that there is no prima facie case against petitioners. In this petition, seeking to quash the proceedings, this Court cannot conduct a mini trial.

¶39

The learned High Court Government Pleader submits that trial is in progress. In the petition itself it is stated at Paragraph No.9 that after framing the charges, out of 15 witnesses, the trial Court has examined PW.1 to 11. Though it is stated that none of the witnesses have supported the prosecution, on that ground the proceedings cannot be quashed, as it is for the trial Court to appreciate the evidence on record and to give a verdict.

¶40