Dismissed¶42

P H Mamatharani v. State of Karnataka

Karnataka HC26 Mar 2025CRL.P/2962/2024

Case brief

AI extract

What is this about?

Karnataka High Court; Justice Hemant Chandangoudar; 26 March 2025; CRL.P No. 2962 of 2024 under S. 482 Cr.P.C. / S. 528 BNSS; petitioner P H Mamatharani; respondents: State of Karnataka by Birur Police Station and Rudrappa B M and nine others; challenge to charge sheet No. 125/2017 dated 17.11.2017 (Annexure-C) in C.C. No. 608/2019, III Addl. Civil Judge and J.M.F.C. Kadur; prayed for inclusion of charges under Ss. 307, 392 IPC and Ss. 7, 8 POCSO Act against respondents 2 to 11; dismissed as withdrawn with liberty reserved; no merits decided.

What did the court decide?

No substantive relief; petition dismissed as withdrawn with liberty reserved to file an appropriate petition ¶42

P H Mamatharani Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2025)

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NC: 2025:KHC:13014 CRL.P No. 2962 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2962 OF 2024 (482(Cr.PC) /

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528(BNSS))

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BETWEEN:

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P H MAMATHARANI D/O P HANUMANTHARAJU, W/O MADHU R, AGED ABOUT 29 YEARS, R/A HANASURU, KIRAGASURU POST, BEHIND GOVERNMENT SCHOOL, KASABA HOBLI, HUNSURU, MYSORE DISTRICT 571124

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…PETITIONER

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(BY SRI. VIRUPAKSHAIAH P H., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY BIRUR POLICE STATION, CHIKMAGALUR DISTRICT 577116, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001

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RUDRAPPA B M S/O LATE MYLARAPPA, AGED ABOUT 51 YEARS, R/A 4TH CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116

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BASAVARAJ S/O LATE MYLARAPPA,

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NC: 2025:KHC:13014 CRL.P No. 2962 of 2024

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AGED ABOUT 56 YEARS, R/A 4TH CRTOSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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RAMESHA S/O LATE MYLARAPPA, AGED ABOUT 47 YEARS, R/A 4TH CRTOSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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MANJAPPA S/O LATE THIMMAPPA, AGED ABOUT 48 YEARS, R/A 3RD CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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LAKSHMIPATHI S/O LATE THIMMAPPA, AGED ABOUT 41 YEARS, R/A 3RD CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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SHARADAMMA W/O RUDRAPPA, AGED ABOUT 42 YEARS, R/A 4TH CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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VASANTHAMMA W/O BASAVARAJU, AGED ABOUT 46 YEARS, R/A 4TH CROSS,

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NC: 2025:KHC:13014 CRL.P No. 2962 of 2024

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SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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9. PARVATHI

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W/O LAKSHMIPATHI, AGED ABOUT 32 YEARS, R/A 3RD CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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GEETHA W/O ASHOKA, AGED ABOUT 31 YEARS, R/A 4TH CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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11. MANJULA

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W/O BASAPPA, AGED ABOUT 52 YEARS, R/A 4TH CROSS, SARASWATHIPURAM, BIRUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577116.

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…RESPONDENTS

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(BY SRI. LAXMANA B, HCGP)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET BEARING NO.125/2017 DATED 17.11.2017 VIDE ANNEXURE-C IN SO FAR AS IT RELATES TO NON INCLUSION OF CHARGES P/U/S 307,392 OF IPC AND SEC.7,8 OF POCSO ACT AGAINST THE RESPONDENT NO.2 TO 11 AND DIRECT THE 1ST RESPONDENT POLICE IN INCLUDE THE CHARGES P/U/S 307,392 OF IPC AND SEC.7,8 OF POCSO ACT AGAINST THE RESPONDENT NO.2 TO 11 IN THE CHARGE SHEET VIDE ANNEXURE-C IN C.C.NO.608/2019 ON THE FILE OF THE III ADDL.CIVIL JUDGE AND J.M.F.C KADUR.

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NC: 2025:KHC:13014 CRL.P No. 2962 of 2024

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

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Learned counsel has filed a memo seeking leave of this Court to withdraw the petition reserving liberty to file an appropriate petition.

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