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Mallikarjuna M.B. Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Mallikarjuna M.B. Vs the State of KarnatakaMallikarjuna M.B. v. the State of Karnataka

Disposed¶¶38

Mallikarjuna M.B. v. the State of Karnataka

Karnataka HC6 Jan 2025CRL.P/8712/2023

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru; NC: 2025:KHC:130; CRL.P No. 8712 of 2023; Justice S.R. Krishna Kumar; order dated 06-01-2025; quashing petition under Section 482 Cr.P.C / Section 528 BNSS; charge sheet in C.C.No.11496/2017; Crime No.740/2016; HSR Layout Police Station; XLI ACMM / 41st Addl. C.M.M., Bengaluru; offences under Sections 498-A, 323, 506 r/w 34 IPC; accused Nos.1 to 6; proceedings pending since 2017; stage of evidence; petition disposed of without opinion on merits; direction for expeditious disposal of trial; petitioners' counsel Nataraju B Halemane; Addl. SPP Rashmi Jadhav; respondent No.2 Nethravathi.

What did the court decide?

Petition disposed of without adjudicating merits; trial court (XLI ACMM, Bangalore) directed to dispose of the proceedings in C.C.No.11496/2017 as expeditiously as possible; charge sheet not quashed.

Why is it important?

The court expressly refrained from expressing any opinion on the merits or demerits of the rival contentions urged by both sides. ¶¶33

What the court decided

AI extract

Outcome

Petition disposed of without adjudicating merits; trial court (XLI ACMM, Bangalore) directed to dispose of the proceedings in C.C.No.11496/2017 as expeditiously as possible; charge sheet not quashed.

Issue for consideration

Whether the proceedings in C.C.No.11496/2017 (charge sheet arising from Crime No.740/2016 of HSR Layout P.S.) against the petitioners arraigned as accused Nos.1 to 6, for offences punishable under Sections 498-A, 323, 506 r/w Section 34 of IPC pending before XLI ACMM, Bangalore, should be quashed under Section 482 Cr.P.C.

Court's answer

The court expressly refrained from expressing any opinion on the merits or demerits of the rival contentions urged by both sides.

Ratio / Principle

Having regard to the proceedings pending from 2017 onwards and being at the stage of evidence, the court deemed it just and appropriate to dispose of the petition by directing the trial court to dispose of the proceedings in C.C.No.11496/2017 as expeditiously as possible.

Detailed headnote1 paragraphs

CRL.P No. 8712 of 2023 (under Section 482 Cr.P.C; corresponding provision noted as 528 BNSS), High Court of Karnataka at Bengaluru, S.R. Krishna Kumar, J., order dated 6 January 2025: Six accused sought quashing of the charge sheet in C.C.No.11496/2017 (Crime No.740/2016, HSR Layout P.S.), pending before the XLI ACMM, Bangalore, for offences punishable under Sections 498-A, 323, 506 r/w 34 IPC. With the proceedings pending from 2017 onwards and at the stage of evidence, the court, without expressing any opinion on the merits or demerits of the rival contentions, disposed of the petition directing the trial court to dispose of the proceedings as expeditiously as possible.

A

1 -

NC: 2025:KHC:130 CRL.P No. 8712 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8712 OF 2023 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MALLIKARJUNA M.B. SON OF BASAVARAJU, AGED ABOUT 44 YEARS, RAMAKKA LAYOUT, KAIKONDANAHALLI, SARJAPURA RAOD, BANGALORE-560035

BASAVARAJA SON OF LATE MALLAPPA, AGED ABOUT 73 YEARS, RESIDING AT MUGULAVALLI, CHIKKAMAGALURU-577101, KARNATAKA.

Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

RATHNAMMA WIFE OF BASAVARAJA, AGED ABOUT 65 YEARS, RESIDING AT MUGULAVALLI, CHIKKAMAGALUR-577101, KARNATAKA.

KAVITHA M B WIFE OF ANANDA B C, AGED ABOUT 41 YEARS, RESIDING AT SHAKTHI NILAYA, PADMASHREE LAYOUT, SHARADANAGAR, TIPTUR, TUMKUR-572201, KARNATAKA.

VANI M B WIFE OF K S MANJUNATHA, AGED ABOUT 47 YEARS, R/AT NO.456, 4^TH CROSS,

2 -

NC: 2025:KHC:130 CRL.P No. 8712 of 2023

2^ND MAIN ROAD, PRASHANTHANAGAR, MYSORE-570026, KARNATAKA.

K S MANJUNATHA SON OF BASAVARAJA, AGED ABOUT 57 YEARS, NO. 456, 4^TH CROSS, 2^ND MAIN ROAD, PRASHANTHANAGAR, MYSORE-570026, KARNATAKA.

…PETITIONERS

(BY SRI. NATARAJU B HALEMANE, ADVOCATE)

AND:

THE STATE OF KARNATAKA HSR LAYOUT POLICE STATION, HSR LAYOUT, BENGALURU-560087 BY STATION HOUSE OFFICER, REP. BY SPP, HIGH COURT BUILDING BENGALURU-560001

NETHRAVATHI WIFE OF MALLIKARJUN, AGED ABOUT 37 YEARS, RESIDING AT RAMAKKA LAYOUT, KAIKONDARANAHALLI, SARJAPUR ROAD, BANGALORE-560035

…RESPONDENTS

(BY SMT. RASHMI JADHAV, ADDL. SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN C.C.NO.11496/2017 IN THE COURT OF THE 41^ST ADDL.C.M.M., BENGALURU BY THE 1^ST RESPONDENT FOR THE ALLEGED OFFENCE P/U/S 498(A), 323, 506 R/W 34 OF IPC IN CR.NO.740/2016 BY HSR LAYOUT P.S.

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

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NC: 2025:KHC:130 CRL.P No. 8712 of 2023

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioners who are accused Nos.1 to 6 seeks quashing of the proceedings registered against them in C.C.No.11496/2017 (Crime No.740/2016 of the respondent – police), pending on the file of XLI ACMM, Bangalore, for the offences punishable under Sections 498-A, 323, 506 r/w Section 34 of IPC.

Heard learned counsel for the petitioners and learned Addl.SPP for the respondent – police and perused the material on record.

Though several contentions have been urged by both sides in support of their respective claims, since the petitioners, who are arraigned as accused Nos. 1 to 6 interalia contending that they are not guilty of any of the offences alleged against them, having regard to the fact that the proceedings are pending from 2017 onwards, coupled with the fact that the proceedings in C.C.No.11496/2017 are at the stage of evidence, without expressing any opinion on the merits / demerits of the rival

4 -

NC: 2025:KHC:130 CRL.P No. 8712 of 2023

contentions, I deem it just and appropriate to dispose of this petition directing the trial court to dispose of the aforesaid

proceedings as expeditiously as possible.

Petition stands disposed of accordingly.

Sd/(S.R.KRISHNA KUMAR) JUDGE

Srl.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the proceedings in C.C.No.11496/2017 (charge sheet arising from Crime No.740/2016 of HSR Layout P.S.) against the petitioners arraigned as accused Nos.1 to 6, for offences punishable under Sections 498-A, 323, 506 r/w Section 34 of IPC pending before XLI ACMM, Bangalore, should be quashed under Section 482 Cr.P.C.¶¶31
The court held
The court expressly refrained from expressing any opinion on the merits or demerits of the rival contentions urged by both sides.ratio¶¶33

Statutes considered

6 provisions across 3 enactments

AI extract

Code of Criminal Procedure, 1973 (Cr.P.C)482¶¶25
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)528¶¶6
Indian Penal Code, 1860 (IPC)498-A¶¶25 323¶¶25 506¶¶25 34¶¶25

Procedural history

How this case reached the court

AI extract

Order under challenge
Charge sheet filed against the petitioners in C.C.No.11496/2017 for alleged offences punishable under Sections 498(A), 323, 506 r/w 34 of IPC in Crime No.740/2016 of HSR Layout P.S.; quashing thereof sought via the present criminal petition.¶¶25
Court of the 41st Addl. C.M.M., Bengaluru (XLI ACMM, Bangalore)
Prior proceeding
Registration of Crime No.740/2016 by HSR Layout police and commencement of proceedings in C.C.No.11496/2017 pending before XLI ACMM, Bangalore.¶¶31
Prior proceeding
Proceedings pending from 2017 onwards and presently at the stage of evidence.¶¶33

Parties & counsel

AI extract

petitioner
MALLIKARJUNA M.B.¶¶8
NATARAJU B HALEMANE
petitioner
BASAVARAJA¶¶9
petitioner
RATHNAMMA¶¶11
petitioner
KAVITHA M B¶¶12
petitioner
VANI M B¶¶13
petitioner
K S MANJUNATHA¶¶17
respondent
THE STATE OF KARNATAKA (HSR LAYOUT POLICE STATION, REP. BY SPP)¶¶21
RASHMI JADHAV
respondent
NETHRAVATHI¶¶22

Coram

AI extract

S.R.KRISHNA KUMARauthor¶¶29

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Jan 2025 · January
Registered: 14 Sept 2023
Case no.: CRL.P/8712/2023
CNR: KAHC010474722023
Bench: S.r.krishna Kumar
Disposal: DISPOSED
Case type: CRL.P (Criminal Petition)

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Cite this judgement

Mallikarjuna M.B. v. the State of Karnataka, CRL.P/8712/2023 (KA), decided on 6 January 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes6

Code of Criminal Procedure, 1973 (Cr.P.C)482
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)528
Indian Penal Code, 1860 (IPC)498-A · 323 · 506 · 34

View all statutes

Procedural history3

Charge sheet filed against the petitioners in C.C.No.11496/2017 for alleged offences punishable under Sections 498(A), 323, 506 r/w 34 of IPC in Crime No.740/2016 of HSR Layout P.S.; quashing thereof sought via the present criminal petition.Court of the 41st Addl. C.M.M., Bengaluru (XLI ACMM, Bangalore)
Registration of Crime No.740/2016 by HSR Layout police and commencement of proceedings in C.C.No.11496/2017 pending before XLI ACMM, Bangalore.
Proceedings pending from 2017 onwards and presently at the stage of evidence.

View full history

Bench / Coram

S.R.KRISHNA KUMAR

Parties & counsel