Sri H G Venkatachalapathy @ Chalapathy v. State by Cubbon Park Police

Karnataka HC15 Jul 2026WP/10349/2025

Case brief

AI extract

What is this about?

HC-KAR, NC: 2026:KHC:36118; WP No. 10349 of 2025 (GM-RES); M.Nagaprasanna, J.; decided 15 July 2026; quashing of charge sheet (Annex-B); Article 226 Constitution of India; Section 528 BNS; maintainability/not entertainable after framing of charges; Minakshi Bala v. Sudhir Kumar (1994) 4 SCC 142 followed; State by Cubbon Park Police; accused No.3 Bheemasena Ghatage; liberty reserved; petition disposed; no interim stay.

What did the court decide?

No substantive relief granted; petition disposed of reserving liberty to the petitioner to avail of such remedy as is available in law and leaving all contentions, including the contention regarding accused No.3, to be urged before the concerned Court. ¶39-40

Sri H G Venkatachalapathy @ Chalapathy Vs State… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:36118 WP No. 10349 of 2025

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HC-KAR

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CNR: KAHC010209192025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10349 OF 2025 (GM-RES)

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BETWEEN:

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SRI. H.G.VENKATACHALAPATHY @ CHALAPATHY, S/O GOPALAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.2, ANAKANUR VILLAGE, NEAR CHICKBALLAPUR PRISON, CHICKBALLAPUR TQ.

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AND DISTRICT - 562 101.

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…PETITIONER

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(BY SRI. GIRISHA T.R., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K

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Location: High Court of Karnataka

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STATE BY CUBBON PARK POLICE,

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BENGALURU - 560 001.

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SRI. BHEEMASENA GHATAGE, POLICE OFFICER, AGED ABOUT 48 YEARS, CUBBON PARK POLICE STATION, K.B.ROAD,

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BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI.K.NAGESHWARAPPA, HCGP FOR R1; R2 SERVED;

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SMT.K.P.JAYASIMHA, ADVOCATE FOR R3)

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HC-KAR

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NC: 2026:KHC:36118 WP No. 10349 of 2025

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CNR: KAHC010209192025

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNS PRAYING TO DIRECT QUASHING THE CHARGE SHEET SO FAR AS THE PETITIONER IS CONCERNED A COPY OF WHICH IS PRODUCED AT ANNX-B; GRANT AN INTERIM ORDER TO PENDING DISPOSAL OF THE ABOVE WP TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO CHARGE SHEET A COPY OF WHICH IS PRODUCED AT ANNX-B SO FAR AS PETITIONER IS CONCERNED.

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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 M.NAGAPRASANNA

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ORAL ORDER

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Learned HCGP on instructions would submit that the charges have been framed and the petition would not be entertainable at this juncture.

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In the light of the charges being framed, the entertainment of the petition will run foul of the judgment of

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3 - NC: 2026:KHC:36118 WP No. 10349 of 2025

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HC-KAR

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CNR: KAHC010209192025

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the Apex Court in the case of MINAKSHI BALA V. SUDHIR

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KUMAR¹ .

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Reserving liberty to the petitioner to avail of such

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remedy, as is available in law, the petition stands disposed.

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4. To urge all the contentions before the concerned Court, it is needless to observe that the petitioner's contention that nothing is there against accused No.3, the petitioner also shall bear consideration at the hands of the concerned Court.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 2 Sl No.: 5

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1 (1994) 4 SCC 142

Sri H G Venkatachalapathy @ Chalapathy v. State by Cubbon Park Police

Case brief

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Sri H G Venkatachalapathy @ Chalapathy v. State by Cubbon Park Police

Case brief

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