S Malleshappa Vs State of Karnataka

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NC: 2025:KHC:8898 WP No. 29114 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29114 OF 2023 (GM-RES)

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BETWEEN:

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S MALLESHAPPA S/O LATE POOJAR SANAN MALLAPPA AGED 74 YEARS R/AT OJUKUNTE VILLGE KASABA HOBLI SIRA TALUK 572137 TUMKURU DISTRICT

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RANGANATHAPPA S/O LATE POOJAR SANNA AMALLAPPAA AGED 71 YEARS R/AT OJUKUNTE VILLGE KASABA HOBLI SIRA TALUK 572137 TUMKURU DISTRICT

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

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ESHWARAPPA S/O LATE POOJAR SANNA AMALLAPPAA AGED 71 YEARS R/AT OJUKUNTE VILLGE KASABA HOBLI SIRA TALUK 572137 TUMKURU DISTRICT

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SRIKANTAPPA S/O LATE POOJAR SANNA AMALLAPPAA AGED 63 YEARS R/AT OJUKUNTE VILLGE KASABA HOBLI SIRA TALUK 572137 TUMKURU DISTRICT

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…PETITIONERS

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(BY SRI. SARASWATHI M.,ADVOCATE)

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NC: 2025:KHC:8898 WP No. 29114 of 2023

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AND:

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STATE OF KARNATAKA SIRA TOWN POLICE BY STATE PUBLIC PROSECUTOR

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MALLESHAPPA S/O LT R MALLEGOWDA AGED 59 YEARS R/AT SANTEPETE SIRA 572137 TUMKURU DIST

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D LAKSHMIKANTAPPA ALIAS PATEL D LAKSHMIAKTNAPPA S/O APTEL DODDAMALLEGOWDA AGED 52 YEARS R/AT JYOTHI NAGAR SIRA 572137 TUMKURU DIST

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…RESPONDENTS

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(BY SRI.THEJESH, HCGP FOR R-1, SRI.S.G.RAJENDRA REDDY.,ADVOCATE FOR R-2 AND R-3)

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THIS WP IS FILED PRAYING TO QUASH THE ORDER DTD 18.11.2023 PASSED IN PRIVATE COMPLAINT VIDE PCR NO. 2/2013 UNDER SECTION 380,408,420 AND 34 OF IPC BEFORE THE SENIOR CIVIL JUDGE AND JMFC SIRA FILED BY THE R-2 AND 3 AS PER ANN-A AND ETC.

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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 S.R.KRISHNA KUMAR

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NC: 2025:KHC:8898 WP No. 29114 of 2023

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ORAL ORDER

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This petition by accused Nos.1 to 4 in PCR No.2/2013 is directed against the impugned order dated 18.11.2023, whereby the Trial Court rejected the ‘B’ report filed by respondent No.1 and took cognizance of the offences as against petitioners/accused and issued summons to the accused.

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Heard learned counsel for the petitioners, learned HCGP for respondent No.1 and learned counsel for respondent Nos.2 and 3 and perused the material on record.

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A perusal of the material on record will indicate that respondent Nos.2 and 3 complainants filed the aforesaid PCR No.2/2013 against the petitioners for the offences punishable under Sections 380, 408 and 420 of IPC.

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The said matter having been referred for investigation by respondent No.1 – Police Authorities, a ‘B’ report dated 19.01.2013 was filed by respondent No.1, which was challenged by respondent Nos.2 and 3 by filing protest petition/objections to ‘B’ report. By the impugned order, the Trial Court rejected the B report and took cognizance for the offences against the petitioners and

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NC: 2025:KHC:8898 WP No. 29114 of 2023

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issued summons to them, aggrieved by which, the petitioners are before this Court by way of the present petition.

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In the instant case, a perusal of the impunged order will indicate that the same is laconic, cryptic, unreasoned, non speaking order with absolutely no application of mind as to why cognizance was being taken of the alleged offence and on this ground alone, the order taking cognizance deserves to be quashed and the matter be remitted back for reconsideration afresh in accordance with law.

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In the result, I pass the following:

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ORDER

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i) The petition is hereby allowed.

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ii) Impugned order dated 18.11.2023 passed in PCR No.2/2013 on the file of Senior Civil Judge and JMFC, Sira at Annexure-A is hereby quashed.

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iii) Without expressing any opinion on the merits/demerits

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of the rival contention, matter is remitted back to the Trial Court for reconsideration afresh by passing a speaking order and in accordance with law.

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NC: 2025:KHC:8898 WP No. 29114 of 2023

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iv) Respondent Nos.2 and 3 – original complainants and petitioners are directed to appear before the Trial Court on 17.03.2025.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 3 Sl No.: 110

S Malleshappa v. State of Karnataka

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S Malleshappa v. State of Karnataka

Case brief

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