Mr Kishore vs The State Of Karnataka
2024 Latest Caselaw 26971 Kant

Karnataka High Court

Mr Kishore vs The State Of Karnataka on 11 November, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                  -1-
                                                             NC: 2024:KHC:47077
                                                        CRL.P No. 11165 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                              BEFORE
                            THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                              CRIMINAL PETITION NO.11165 OF 2024


                   BETWEEN:

                   1.   MR. KISHORE
                        S/O. A.V. RAMKRISHNAPPA
                        AGED ABOUT 28 YEARS

                   2.   A.V. RAMAKRISHNAPPA
                        S/O. LATE VENKATAGIRIYAPPA
                        AGED ABOUT 54 YEARS

                        BOTH ARE R/AT ABBENAHALLI VILLAGE
                        MADIWALA, KASABA HOBLI, MALUR TALUK
                        KOLAR DISTRICT- 563 130.
                                                                    ...PETITIONERS
                   (BY SRI S.P. KULKARNI, SENIOR ADVOCATE FOR
                       SRI VASANTHAKUMAR K.M., ADVOCATE)

                   AND:
Digitally signed
by NAGAVENI        1.   THE STATE OF KARNATAKA
Location: HIGH          REP. BY ITS MALUR POLICE
COURT OF                KOLAR DISTRICT
KARNATAKA               NOW REPRESENTED BY SPP
                        HIGH COURT OF KARNATAKA BUILDING
                        BENGALURU-560 001.

                   2.   KUM. PAVITHRA
                        D/O. MUNISHAMAPPA
                        AGED 28 YEARS
                        R/AT ABBENAHALLI VILLAGE
                        MADIWALA, KASABA HOBLI
                        MALUR TALUK
                        KOLAR DISTRICT-563 130.
                                                                   ...RESPONDENTS
                        (BY SRI RANGASWAMY R., H.C.G.P. FOR R-1)
                                    -2-
                                                    NC: 2024:KHC:47077
                                           CRL.P No. 11165 of 2024




      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

THE CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN

SPL.S.C. NO.21 OF 2023 ON THE FILE OF THE II ADDITIONAL

DISTRICT AND SESSIONS JUDGE, KOLAR, FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 376, 420, 504, 506 R/W SECTION 34

OF   IPC    AND    SECTION    3(1)(r),   3(1)(s),   3(2)(v)   OF   SC/ST

(PREVENTION OF ATROCITIES) ACT, 1989.


      THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION,

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:      HON'BLE MR JUSTICE M.NAGAPRASANNA


                             ORAL ORDER

Heard the learned Senior counsel Sri.S.P.Kulkarni,

appearing for the petitioners.

2. Learned HCGP on instructions would submit that the

charges have been framed and the matter is set at the stage of

evidence.

NC: 2024:KHC:47077

3. In the light of the charges being framed, the

entertainment of the petition will run foul of the judgment of

the Apex Court in the case of Minakshi Bala v. Sudhir Kumar1.

4. Reserving liberty to the petitioners to avail of such

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

Sd/-

(M.NAGAPRASANNA) JUDGE

KG

(1994) 4 SCC 142