Disposed

Basavaraj v. State of Karnataka

Karnataka HC6 Apr 2026WP/39497/2025

Case brief

AI extract

What is this about?

Accused challenged a Section 35 BNSS notice seeking his presence post-charge sheet. The State undertook to conclude further investigation within three months; the petition was disposed with liberty to pursue remedies and an observation that the petitioner co-operate with investigation.

What did the court decide?

Petition disposed on State's undertaking to complete further investigation in three months; liberty reserved to petitioner to seek remedies.

Basavaraj Vs State of Karnataka — Quashing and FIR | Karnataka HC (2026)

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NC: 2026:KHC:18922 WP No. 39497 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 39497 OF 2025 (GM-RES)

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BETWEEN:

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BASAVARAJ, S/O BHIMAPPA GAIKWAD, AGED ABOUT 51 YEARS, R/O LAXMI NAGAR, BANAHATTI, DISTRICT BAGALKOT - 587311.

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…PETITIONER

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(BY SRI. RAVICHANDRAGOUDA R PATIL., ADVOCATE)

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AND:

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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STATE OF KARNATAKA, BY HALASURGATE POLICE STATION, BENGALURU CITY - 560008, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

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INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, SHANTHINAGAR, BENGALURU - 560027.

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…RESPONDENTS

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

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS PRAYING TO QUASH THE IMPUGNED NOTICE NUMBERED AS NO.BGLR.CITY/CCB/SE/CRIME/112/2024

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NC: 2026:KHC:18922 WP No. 39497 of 2025

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HC-KAR

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(TRANSLATED IN ENGLISH) DATED 23/12/2025 ISSUED BY THE R2 CENTRAL CRIME BRANCH HEREBY PRODUCED AT ANNEXURE-E IN CONNECTION WITH CC NO.4268/2025 PENDING ON THE FILE OF THE 48^TH ADDL. CHIEF METROPOLITAN MAGISTRATE BENGALURU.

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THIS PETITION, COMING ON FOR FRESH MATTERS LIST, 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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The petitioner is before this court seeking the following prayers:

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"a. Issue a writ of certiorari or any other appropriate writ or order quashing the impugned notice numbered as No.Bglr.city/CCB/SE/Crime/112/2024 (translated in English) dated 23.12.2025 issued by the Respondent No.2 Central Crime Branch hereby produced at Annexure E in connection with CC No.4268/2025 pending on the file of 48^th Addl Chief Metropolitan Magistrate Bengaluru.

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b. Pass such other order or orders as this Hon'ble Court deems fit in the interests of justice."

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2. Heard Sri. Ravichandragouda R Patil, learned

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counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondents.

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NC: 2026:KHC:18922 WP No. 39497 of 2025

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HC-KAR

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The petitioner is accused No.1 in C.C.No.4268 of

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2025, claims to be aggrieved by a notice issued under Section 35 of BNSS, 2023, on the score that once the charge sheet is filed, there can be no notice under Section 35 seeking presence of the petitioner for the purpose of investigation.

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Learned Additional SPP would now submit that further investigation is pending against all the accused including the petitioner. Therefore, the petitioner should co-operate with the investigation.

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Learned counsel for the petitioner would now contend that further investigation is pending for the last one year.

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Learned Additional SPP submits that an endeavor

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would be made to conclude further investigation in three months’ time, and would place the supplementary report before the concerned Court.

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NC: 2026:KHC:18922 WP No. 39497 of 2025

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HC-KAR

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In the light of the said undertaking, the petition

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stands disposed reserving liberty to the petitioner to avail of such remedy as is available in law.

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Ordered according.

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It is needless to observe that the petitioner shall co-operate with the investigation.

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Sd/(M.NAGAPRASANNA) JUDGE

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CBC List No.: 2 Sl No.: 45

Basavaraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Basavaraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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