Karnataka High Court
Mahadevappa And Ors vs The State Of Karnataka on 24 June, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC-K:3338
CRL.P No. 201541 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.201541 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. MAHADEVAPPA S/O NAGAPPA SASNUR,
AGE:71 YEARS, OCC: RETIRED GOVT SERVANT,
R/O. JAGRUTI COLONY, KALABURAGI
DIST.KALABURAGI-585102.
2. YELLAPPA S/O BHUJANGAPPA SUBEDAR,
AGE:50 YEARS, OCC: GOVERNMENT SERVANT,
R/O. CHANDRABHAGA NAGAR, KALABURAGI,
DIST. KALABURAGI-585102.
3. SHANTKUMAR S/O HANAMANTHRAO WADI,
AGE:65 YEARS,
Digitally signed
by SUMITRA OCC: RETIRED GOVERNMENT SERVANT,
SHERIGAR R/O. J.R NAGAR, KALABURAGI,
Location: HIGH
COURT OF DIST. KALABURAGI-585101.
KARNATAKA
...PETITIONERS
(BY SRI AVINASH A. UPLAONKAR ,ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH,
BRAHMPUR POLICE STATION KALABURAGI,
DIST. KALABURAGI, NOW REPRESENTED BY,
ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107
...RESPONDENT
(BY SRI VEERANAGOUDA MALIPATIL, HCGP)
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CRL.P No. 201541 of 2024
HC-KAR
THI CRL.P IS FILED UNDER SECTION 528 OF BNSS,
PRAYING TO, EXERCISE THE INHERENT POWERS U/SEC 482 OF
CR.P.C EXAMINE THE RECORDS AND DIRECTING THE TRAIL
COURT TO DISPOSE OFF THE CASE WITH A OUTER LIMIT OF
THREE MONTHS IN C.C.NO.422/2016 (CRIME NO.95/2015 OF
BRAHMPUR POLICE STATION, KALABURAGI) FOR THE OFFENCE
PUNISHABLE U/SEC 406, 465, 468, 471, 409, 420, 120(B) OF
IPC AND 192(2)(A)(B) OF KARNATAKA LAND REVENUE ACT
1966 PENDING BEFORE IV ADDL CIVIL JUDGE AND JMFC
COURT AT KALABURAGI AGAINST THE PETITIONERS.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Sri Avinash A. Uplaonkar, learned counsel for
the petitioners and Sri Veeranagouda Malipatil, learned
High Court Government Pleader for the respondent -
State.
2. Present petition under Section 528 of BNSS,
2023 with the following prayer:
"Criminal petition is filed under Section 528 of
BNSS, praying to, exercise the inherent powers
u/Sec.482 of Cr.P.C examine the records and
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HC-KAR
directing the Trail Court to dispose off the case with
a outer limit of three months in C.C.No.422/2016
(Crime No.95/2015 of Brahmpur Police Station,
Kalaburagi) for the offence punishable u/Sec. 406,
465, 468, 471, 409, 420, 120(b) of IPC and
192(2)(a)(b) of Karnataka Land Revenue Act, 1966
pending before IV Addl. Civil Judge and JMFC Court
at Kalaburagi against the petitioners."
3. Facts in brief, which are utmost necessary for
disposal of the present petition are as under:
Upon the complaint lodged by Basalingappa Naikodi,
Brahmapur police, Kalaburagi registered a case in Crime
No.95/2015 on 23.06.2015, for the offences punishable
under Sections 409 and 420 of IPC, which was thoroughly
investigated and charge sheet came to be filed. Trail is
now pending in C.C.No.422/2016.
4. It is the contention of learned counsel for the
petitioners that the trial is not conducted properly and
there is a huge delay in disposing of the matter.
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HC-KAR
Therefore, he has sought for a direction to the Trial Court
to dispose of C.C.No.No.422/2016 as early as possible.
5. Learned High Court Government Pleader
submits that delay in disposing the matter is not
attributable to the prosecution and on several occasions,
petitioners themselves remained absent and they have
sought for exemption and therefore, delay has occurred.
6. Taking note of the rival contentions of the
parties, this Court perused the material on record
meticulously.
7. On such perusal of the material on record, the
order sheet of the Trial Court discloses that delay is not
only attributable to the prosecution but also to the
petitioners. Since the incident is of the year 2015 and the
criminal case is pending since 2016 in C.C.No.422/2016, it
is just and necessary for the learned Trial Magistrate to
expedite the matter and dispose of the same in a time
bound manner.
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HC-KAR
8. Taking note of the fact that trail has not
progressed to any extent, charges are directed to be
framed on the very next date of hearing and thereafter,
trial ail needs to be concluded as early as possible. It is
also noticed that the petitioners have approached this
Court twice under Section 482 of Cr.P.C. and hence, there
is delay in the progress of trial.
9. Nevertheless, early disposal of the criminal case
is one of the fundamental rights guaranteed to the
accused as per the judgment of the Hon'ble Apex Court in
the case of Hussainara Khatoon and Others vs. State
of Bihar reported in (1980) 1 SCC 89.
10. Therefore, following order is passed:
ORDER
a) Criminal petition is disposed of by directing
the learned Trial Magistrate to conclude
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the pending criminal case as early as
possible.
b) Needless to emphasize that the
petitioners/accused shall cooperate for
disposal of the pending criminal case
without seeking exemption and
unnecessary adjournments.
Sd/-
(V SRISHANANDA)
JUDGE
SRT
CT:PK
