Dismissed¶35

Shankargouda v. the State of Karnataka and Anr.

Karnataka HC9 Jun 2025CRL.P/200092/2025

Case brief

AI extract

What is this about?

Withdrawal of quashing petition by memo; liberty to file discharge petition before Trial Court; cognizance order dated 30-05-2023; Spl.C 53/2023; Crime No. 52/2022 Bheemarayangudi Police Station; Sections 366, 376(2)(n) IPC; Section 6 POCSO Act; Section 9 Child Marriage Act 2006; Section 528 BNSS 2023 / 482 Cr.PC; High Court of Karnataka Kalaburagi Bench; Justice V Srishananda; 2025; Yadgiri; Shahapur.

What did the court decide?

Petition dismissed as withdrawn with liberty to approach the Trial Court and file an appropriate petition/discharge petition. ¶35

Shankargouda Vs the State of Karnataka and… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

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NC: 2025:KHC-K:2925 CRL.P No. 200092 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 9^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO.200092 OF 2025

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(482(Cr.PC)/528(BNSS))

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BETWEEN:

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SHANKARGOUDA S/O MAHANTAGOUDA MALIPATIL, AGED:25 YEARS, OCC: COOLIE, R/O. ARALAHALLI VILLAGE, TQ.SHAHAPUR, DIST.YADGIRI-585 224.

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…PETITIONER

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(BY SRI RAJESH DODDAMANI, ADVOCATE)

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AND:

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Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY, BHEEMARAYANGUDI POLICE STATION, SHAHAPUR, THROUGH ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107.

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SHIVLINGAPPA S/O PARMANNA BENKENHALLI, AGE:45 YEARS, OCC: AGRICULTURE, R/O. ARALAHALLI VILLAGE, TQ.SHAHAPUR, DIST.YADGIRI-585 224.

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…RESPONDENTS

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(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; NOTICE TO R2 SERVED BUT UNREPRESENTED)

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2 - NC: 2025:KHC-K:2925 CRL.P No. 200092 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND QUASH THE IMPUGNED ORDER OF TAKING COGNIZANCE DATED 30-05-2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 366, 376(2)(n), OF INDIAN PENAL CODE AND U/S 6 OF THE POCSO ACT, 09 OF CHILD MARRIAGE ACT 2006 PASSED BY THE HON’BLE DIST. AND SESSIONS JUDGE YADGIRI IN SPL.C 53/2023 (ARISING OUT OF CRIME NO. 52/2022 OF BHEEMARAYANGUDI POLICE STATION),IN SO FAR AS THE PETITIONER/ A-1 IS CONCERNED.

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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 V SRISHANANDA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

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Learned counsel for the petitioner files a memo. Memo reads as under:

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“It is most humbly prayed that this Hon’ble Court may permit the petitioner to withdraw the present case with liberty to approach the Trial Court and file appropriate

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NC: 2025:KHC-K:2925 CRL.P No. 200092 of 2025

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HC-KAR

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petition/discharge petition, in the interest of justice.”

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Placing the memo on record, petition is dismissed as

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withdrawn with liberty as prayed for.

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