Disposed¶42

Shri Muralidhara Pai v. the State of Karnataka

Karnataka HC19 Jan 2026CRL.P/16990/2025

Case brief

AI extract

What is this about?

Quashing of FIR/charge sheet/proceedings after charge-framing refused; Section 482 Cr.P.C.; Section 528 BNSS; charges framed 10.01.2022, evidence commenced; C.C.No.336/2019 (I Addl. Senior Civil Judge & CJM, Mangaluru); Crime No.1/2019 Kavoor Police Station; offences under Ss.323, 342, 365, 368, 385 r/w 149 IPC 1860; reliance on Minakshi Bala v. Sudhir Kumar (1994) 4 SCC 142 — writ jurisdiction extremely limited post charge-framing; petition disposed with liberty to urge contentions at trial; Dakshina Kannada/Mangaluru.

What did the court decide?

No quashing or other relief; the petitioners are at liberty to urge all the contentions urged in the petition in the proceedings before the concerned trial court. ¶42

Shri Muralidhara Pai Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No quashing or other relief; the petitioners are at liberty to urge all the contentions urged in the petition in the proceedings before the concerned trial court.

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Issue for consideration

Whether the FIR, charge sheet and entire criminal proceedings in C.C.No.336/2019 (arising out of Crime No.1/2019 of Kavoor Police Station, offences under Sections 323, 342, 365, 368, 385 read with Section 149 IPC 1860) against the petitioners can be quashed under Section 482 Cr.P.C./Section 528 BNSS even though charges were framed on 10.01.2022 and trial evidence has commenced.

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Court's answer

Once evidence has commenced after framing of charges, it is for the petitioners to come out clean in a full blown trial; interference by this Court at that stage is unwarranted.

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Ratio / Principle

The jurisdiction of this Court is extremely limited once charges are framed, in view of the Apex Court judgment in Minakshi Bala v. Sudhir Kumar, (1994) 4 SCC 142.

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Key takeaways

The petitioners are at liberty to urge all the contentions urged in this petition in the proceedings before the concerned trial court.ratio¶40

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (M. Nagaprasanna J.), disposed of Criminal Petition No. 16990 of 2025, filed under Section 482 of the erstwhile Cr.P.C. (also under Section 528 BNSS), by four petitioners seeking to quash the FIR, charge sheet and entire criminal proceedings in C.C.No.336/2019 pending before the I Addl. Senior Civil Judge and CJM, Mangaluru, arising out of Crime No.1/2019 of Kavoor Police Station registered for offences under Sections 323, 342, 365, 368, 385 read with Section 149 of IPC 1860. The learned Addl. SPP reported that charges were framed on 10.01.2022 and the matter stood at the evidence stage. Observing that once evidence has commenced the petitioners must come out clean in a full blown trial, and that the Court's jurisdiction is extremely limited once charges are framed — in the light of Minakshi Bala v. Sudhir Kumar, (1994) 4 SCC 142 — the Court left the petitioners at liberty to urge all their contentions before the trial court and disposed of the petition.

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NC: 2026:KHC:3005 CRL.P No. 16990 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16990 OF 2025

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BETWEEN:

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SHRI. MURALIDHARA PAI, S/O LATE VITTHAL PAI, AGED ABOUT 57 YEARS, OCC: BUSINESS, R/O MANJUNATHA NILAYA, VAIDYANATHA NAGAR, ATTAVAR, PANDESHWAR POST, TALUK: MANGALURU, DAKSHINA KANNADA - 575 001.

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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SHRI. LOHITH, S/O LATE NARAYANA, AGED ABOUT 40 YEARS, OCC: REAL ESTATE, R/O NEAR SATHYANARAYAN HANUMAN TEMPLE, ADYAR KILA, OPP. SAHYADRI COLLEGE, ADYAR VILLAGE AND POST, TAL: MANGALURU, DAKSHINA KANNADA - 575 007.

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SHRI. RAJESH @ KOMBU RAJESH, S/O LATE DAMODAR JOGI, AGED ABOUT 31 YEARS, OCC: DRIVER,

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R/O MANJUNATHA NILAYA,

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NC: 2026:KHC:3005 CRL.P No. 16990 of 2025

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HC-KAR

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3-278, NEAR MATTI CROSS, KAIKAMBA, BADAGU ULIPADI VILLAGE, KINNIKAMBALA VILLAGE, MANGALURU, DAKSHINA KANNADA - 574 151.

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SHRI. SUNIL DEVADIGA @ CHINGAM SUNIL, S/O LATE VEERAPPA DEVADIGA, AGED ABOUT 43 YEARS, OCC: REAL ESTATE, R/O BEHIND POLALI RAJARAJESHWARI TEMPLE, RENTED HOUSE OF NARAYANA POOJARY, KARIYAM VILLAGE, POLALI POST OFFICE, TALUK: BANTWAL, DAKSHINA KANNADA - 574 219.

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…PETITIONERS

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(BY SRI. PRITHVIRAJ SHASTRY G., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH KAVOOR POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

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SMT. JOYCE RASQUINHA, W/O PRASHANTH RASQUINHA, AGED ABOUT 43 YEARS, FERNHILL, CUSTOM COLONY, BONDEL, MANGALORE, DAKSHINA KANNADA – 575 008.

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…RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1)

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NC: 2026:KHC:3005 CRL.P No. 16990 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR, CHARGE SHEET AND ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.336/2019 PENDING ON THE FILE OF THE I ADDL SENIOR CIVIL JUDGE AND CJM, MANGALURU, ARISING OUT OF CRIME NO.1/2019 OF KAVOOR POLICE STATION, REGISTERED AGAINST THE PETITIONER FOR OFFENCES U/S.323, 342, 365, 368, 385 R/W SEC.149 OF IPC 1860.

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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 M.NAGAPRASANNA

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ORAL ORDER

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Learned Addl. SPP appearing for the respondent-State, on verification of the records would submit the charges are framed in the case at hand on 10.01.2022 and the matter is at the stage of evidence. At the fag end of the proceedings, the petitioners have approached this Court invoking its jurisdiction under Section 482 of the erstwhile Cr.P.C. and Section 528 of the latest regime the BNSS, on a contention that there is nothing in the charge against the petitioners.

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