Sri. Purushothama K C Vs State of Karnataka

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NC: 2025:KHC:23529 CRL.P No. 4199 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4199 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI. PURUSHOTHAMA K.C., S/O. CHANDRASHEKARA, AGED ABOUT 56 YEARS, R/O RATHNAGIRI NILAYA, SHAKUNTALAMMA BADAVANE, C.B.ROAD, HOLALKERE TOWN, CHITRADURGA – 577 526.

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SRI. SHANTHAKUMARA @ SHANTHARAJ K C, S/O. CHANDRASHEKARA, AGED ABOUT 57 YEARS, R/O. NEAR SIDDARAMESHWARA TEMPLE, YADAVA BEEDI, HOLALAKERE TOWN, CHITRADURGA – 577 526.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SRI. YASHAVANTH @ K P YASHWANTH S/O. PURUSHOTHAMA, AGED ABOUT 19 YEARS, R/O RATHNAGI NILAYA, SHAKUNTALAMMA BADAVANE, C.B. ROAD, HOLALAKERE TOWN,

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CHITRADURGA – 577 526.

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SRI. SANJAY @ SANJAY YADAV, S/O. DIVAKARA K.C, AGED ABOUT 25 YEARS, R/O 9^TH WARD, YADAVA BEEDI, HOLALAKERE TOWN, CHITRADURGA – 577 526.

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SRI. SRUJAY @ SUJAY YADAV @ SUJAY, S/O. DIVAKARA K.C., AGED ABOUT 23 YEARS, R/O 9^TH WARD, YADAVA BEEDI,

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NC: 2025:KHC:23529 CRL.P No. 4199 of 2025

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HC-KAR

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HOLALAKERE TOWN, CHITRADURGA – 577 526.

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…PETITIONERS

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(BY SMT. BHAVANA N. PATIL, ADVOCATE)

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AND:

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STATE OF KARNATAKA HOLALAKERE POLICE,

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CHITRADURGA DIST - 577 526.

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REPT. BY ITS

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HIGH COURT STATE PUBLIC PROSECUTOR, BANGALORE – 560 001.

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SRI. RAJAPPA R., S/O. LATE RAMAPPA, AGED ABOUT 53 YEARS, R/O A K COLONY, HOLALKERE TOWN,

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DIST. CHITRADURGA – 577 526.

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…RESPONDENTS

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(BY SMT. SOWMYA R., HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET DATED 07.03.2024 VIDE ANNEXURE-C FILED BY THE RESPONDENT NO.1 – POLICE IN CR.NO.9/2024 AND TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.137/2024 ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C HOLALKERE, CHITRADURGA FOR THE OFFENCE P/U/S 143, 147, 323, 335, 504 R/W 149 OF IPC VIDE ANNEXURE-E.

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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 S.R.KRISHNA KUMAR

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NC: 2025:KHC:23529 CRL.P No. 4199 of 2025

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HC-KAR

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ORAL ORDER

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In this petition, petitioners seek the following reliefs:

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“(i) To call for the entire records in C.C.No.137/2024 pending on the file of Senior Civil Judge and JMFC, Holalkere, Chitradurga, registered by the respondent No.1 Police for the offences punishable under Sections 143, 147, 323, 335, 504 r/w Sec.149 of IPC vide Annexure-E; and

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(ii) To quash the Charge Sheet dated 07.03.2024 vide Annexure-C filed by the respondent No.1 Police in Cr.No.9/2024 and to quash the criminal proceedings against the petitioners in C.C.No.137/2024 on the file of Senior Civil Judge and JMFC, Holalkere, Chitradurga for the offences punishable under Sections 143, 147, 323, 335, 504 R/w Sec.149 of IPC vide Annexure-E; and

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(iii) To grant such other orders as this Hon’ble Court deems fit and proper to grant in the facts and circumstances of the case; in the interest of justice and equity.”

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Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 is served and unrepresented.

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A perusal of the material on record comprising of FIR, complaint, charge sheet materials, statement of witnesses,

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4 - NC: 2025:KHC:23529 CRL.P No. 4199 of 2025

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HC-KAR

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documents, etc., do not disclose commission of offence and clearly indicate that there is no valid nor sufficient material available for continuation of the aforesaid proceedings as against the petitioner. Under these circumstances, in order to secure the ends of justice, I

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deem it just and appropriate to exercise my jurisdiction under Section 482 Cr.P.C. r/w 528 BNSS and quash the impugned proceedings.

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