Chandrashekar Patil v. the State of Karnataka

Karnataka HC4 Jul 2025CRL.P/200951/2025

Case brief

AI extract

What is this about?

Withdrawal of quashing petition under S.528 BNSS; liberty to file discharge application before Sessions Court; Spl.C.No.50/2025, 2nd Additional District Sessions Judge, Kalaburagi; offences under BNS Sections 189(2), 191(2), 103, 115(2), 118(1), 127(2), 351(2), 351(3), 352, 190 and SC/ST (Prevention of Atrocities) Act Sections 3(1)(r)(s), 3(2)(v); charge sheet dated 04.02.2025; Annexure-C dated 06.02.2025; State of Karnataka through M.B. Nagar Police Station; respondent Mallikarjun; petitioners incl. Chandrashekar Patil; counsel Smt. Saraswathi; Justice V Srishananda; High Court of Karnataka Kalaburagi Bench; NC: 2025:KHC-K:3666; petition dismissed as withdrawn.

What did the court decide?

Permission to withdraw the petition, with liberty to file a discharge application before the Sessions Court. ¶49-50

Chandrashekar Patil Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the petition, with liberty to file a discharge application before the Sessions Court.

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Issue for consideration

Whether the entire proceedings against the petitioners in Spl.C.No.50/2025 before the 2nd Additional District Sessions Judge, Kalaburagi, for the offences under Sections 189(2), 191(2), 103, 115(2), 118(1), 127(2), 351(2), 351(3), 352 and 190 of BNS and Sections 3(1)(r)(s), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989 should be quashed (this question was not answered, as the petition was withdrawn). +1 more

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Ratio / Principle

On counsel's memo, the petition is dismissed as withdrawn, with liberty to file a discharge application before the Sessions Court.

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Key takeaways

In view of the disposal of the main petition, pending application(s), if any, do not survive for consideration.ratio¶51-52

Detailed headnote1 paragraphs

Criminal Petition No.200951 of 2025 (filed under S.528 BNSS, case-type bracketed with 482 Cr.PC) by six petitioners seeking quashal of the entire proceedings in Spl.C.No.50/2025 pending before the 2nd Additional District Sessions Judge, Kalaburagi, for offences punishable under Sections 189(2), 191(2), 103, 115(2), 118(1), 127(2), 351(2), 351(3), 352 and 190 of the BNS and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (proceedings produced at Annexure-C dated 06.02.2025). After arguments, counsel for the petitioners filed a memo seeking permission to withdraw the petition with liberty to file a discharge application before the Sessions Court, on the ground of filing of a charge sheet dated 04.02.2025. The Court placed the memo on record and dismissed the petition as withdrawn with the liberty prayed for; pending applications, if any, were held not to survive for consideration. Oral order of Justice V Srishananda, High Court of Karnataka, Kalaburagi Bench, dated 04.07.2025. No precedent was cited and the substantive quashing question was left undecided.

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NC: 2025:KHC-K:3666 CRL.P No. 200951 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 4^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO.200951 OF 2025 (482(Cr.PC)/528(BNSS))

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BETWEEN:

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CHANDRASHEKAR PATIL

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S/O MALLINATH PATIL,

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AGED ABOUT 33 YEARS, OCC: BLOOD BANK OWNER, R/O. SONTH VILLAGE, KAMALAPUR TALUKA, KALABURAGI DISTRICT-585 101.

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ADITYA @ ADESH, S/O SHIVAJI RAO DHUKALE,

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AGED ABOUT 25 YEARS, OCC: TECHNICIAN, R/O. KAMALA NAGAR, AURAD TALUKA, BIDAR DISTRICT-585 401.

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Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA

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OMPRAKASH, S/O BALAJI RAO GORAWADI,

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AGED ABOUT 20 YEARS, OCC:STUDENT, R/O. LADA, BHALKI TALUKA,

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BIDAR DISTRICT-585 401.

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RAHUL PATIL, S/O RAJASHEKHAR PATIL,

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AGED ABOUT 19 YEARS, OCC:STUDENT (B.E), R/O. SONTH VILLAGE, KAMALAPUR TALUKA, KALABURAGI DISTRICT-585 101.

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ASFAQ AHMED S/O HASSAN PATEL, AGED ABOUT 25 YEARS,

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2 - NC: 2025:KHC-K:3666 CRL.P No. 200951 of 2025

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HC-KAR

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OCC: LEARNING TECHNICIAN, R/O. SANTRASWADI, KALABURAGI DISTRICT-585 101.

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VEERENDRA PATIL, S/O AMARANATH PATIL, AGED ABOUT 25 YEARS, OCC: AGRICULTURE, R/O. SONTH VILLAGE, KAMALAPUR TALUKA, KALABURAGI DISTRICT-585 101.

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…PETITIONERS

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(BY SMT. SARASWATHI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY, SPP/HCGP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI, THROUGH M.B. NAGAR POLICE STATION, KALABURAGI DISTRICT-585 101.

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MALLIKARJUN S/O RANAPPA NATIKAR, AGED ABOUT 48 YEARS, OCC: WARD BOY, BASAVESHWAR HOSPITAL, R/O H.NO.2-907/76/PLOT NO.146, PRAGATI COLONY, KALABURAGI DISTRICT-585 101.

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…RESPONDENTS

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(BY SMT. ARATI PATIL, HCGP FOR R1; KUM. NILUFARHANAZ, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S. 528 OF BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN SPL.C.NO.50/2025 ON THE FILE OF 2^ND ADDITIONAL DISTRICT SESSIONS JUDGE, AT KALABURAGI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 103, 115(2), 118(1), 127(2), 351(2), 351(3), 352 AND

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3 - NC: 2025:KHC-K:3666 CRL.P No. 200951 of 2025

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HC-KAR

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190 OF BNS AND UNDER SECTION 3(1)(r)(s), 3(2)(v) OF THE SCHEDULE CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, WHICH IS PRODUCED AT ANNEXURE-C DATED 06.02.2025.

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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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After addressing the arguments for sufficient length

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of time, counsel for petitioners files a memo.

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Memo reads as under:

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“The counsel for the petitioners most humbly submits that, the petitioners may be permitted to withdraw the petition with a liberty to file discharge application before the Sessions Court, on the ground of filing of charge sheet dated 04.02.2025, in the interest of justice and equity. Hence, this memo.”

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NC: 2025:KHC-K:3666 CRL.P No. 200951 of 2025

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HC-KAR

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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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In view of disposal of main petition, pending

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