Citation : 2026 Latest Caselaw 3479 Kant
Judgement Date : 5 May, 2026
-1-
NC: 2026:KHC-K:3834
CRL.P No. 200636 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
CRIMINAL PETITION NO. 200636 OF 2026
(439(Cr.PC)/483(BNSS)
BETWEEN:
1. AMBAYYA @ LIMBYA
S/O GANGARAM CHAVAN,
AGE : 50 YEARS, OCC : COOLIE,
2. BENYA @ MADHU
S/O RATNU PAWAR,
AGE : 55 YEARS, OCC : COOLIE,
BOTH R/O: KUMNOOR NAYAK THANDA,
TQ : ALAND DIST: KALABURAGI.
...PETITIONERS
(BY SRI GANESH NAIK, ADVOCATE)
AND:
Digitally signed by THE STATE OF KARNATAKA,
SACHIN
Location: HIGH
COURT OF
THROUGH PS HUMNABAD
KARNATAKA DIST: BIDAR
ITS REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH - 585103.
...RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C (OLD)
U/S 483 OF BNSS, 2023 (NEW) PRAYING TO RELEASE THE
ACCUSED/PETITIONERS ON BAIL IN SC NO.5069/2025 PENDING ON
THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE AT BIDAR
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NC: 2026:KHC-K:3834
CRL.P No. 200636 of 2026
HC-KAR
SITTING AT BASAVAKALYAN, FOR OFFENCES P/U/SEC. 399, 402 OF
IPC (CRIME NO.562/2002 REGISTRAR BY HUMNABAD POLICE
STATION) IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Learned counsel for the petitioners seeks leave of the
Court to withdraw the petition and file petition seeking for
quashing of the proceedings, as the other accused on whose
voluntary statement, the present petitioner is arrested, were
acquitted on full-fledged trial. Since there are no other
allegations except the voluntary statement of accused who
were already acquitted on full-fledged trial, the split up charge
sheet filed against the petitioner if tried again would result in
waste of public as well as judicial time.
2. Considering the submission, petitioner is permitted to
withdraw the petition with liberty to file petition under Section
482 of Cr.P.C./528 of BNSS, 2023.
NC: 2026:KHC-K:3834
HC-KAR
3. Accordingly, the petition is dismissed as withdrawn
with liberty as sought for.
Sd/-
(T.M.NADAF) JUDGE
SWK List No.: 2 Sl No.: 10
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