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Sri.Arun Dev @ Devu vs the State of Karnataka

Sri.Arun Dev @ Devu vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Jan 31, 2025
~3 min read
https://sooperkanoon.com/case/1725399

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
CRL.P/9526/2023

Parties & Advocates

Appellant / Petitioner

Sri.Arun Dev @ Devu

Respondent

The State of Karnataka

Excerpt

.....this day,order was made therein as under:-3- coram: hon'ble mr justice s.r.krishna kumaroral orderin this petition, the petitioners seek the following reliefs: "i) call for l.c.r. in s.c.279/2021 on the file of the ix additional district & sessions judge, bengaluru rural district, bengaluru for the offences punishable under sections 120(b), 201, 307, 504, 506, 149 of ipc. ii) quash the entire proceedings against the additional district & sessions judge, bengaluru rural district, bengaluru for the offences punishable under sections 120(b), 201, 307, 504, 506 r/w 149 of ipc. iii) pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice."2. heard learned counsel for the petitioners and learned hcgp for respondent no.1 and perused the material on record.3. though several contentions have been urged byboth sides in support of their respective claims, it is the matter of record that during the pendency of the present petition, the -4- discharge application filed by the petitioner has been dismissed by the trial court.4. under these circumstances, the petition standsdisposed of without expressing any opinion on the merits/demerits of the rival contentions and reserving liberty in favour of the petitioners to file a fresh petition seeking appropriate reliefs including challenging the order passed by the trial court rejecting the discharge application filed by the petitioners. subject to the aforesaid directions, petition stands disposed off. sd/- (s.r.krishna kumar) judge vm list no.: 2 sl no.: 8

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9526 OF 2023 BETWEEN:

1. SRI.ARUN DEV @ DEVU S/O LATE DEVARAJA AGED ABOUT 34 YEARS

2. SRI. MADHU P @ PUTTA @ MADHUSUDHAN P S/O PILLAPPA AGED ABOUT 30 YEARS OCCUPATION:DRIVER R/AT NO.207,THERINA BEEDI NARASAPURA Digitally signed by KOLAR TALUK AND DISTRICT-563 101. MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA 3. SRI SHIVAKUMAR K @ KUMAR @ KUMMA

S/O KRISHNAPPA @ KULLAPPA AGED ABOUT 31 YEARS OCCUPAITON:DRIVER R/AT NO. B BLOCK, URDHUNAGAR, D BLOCK, NARASAPURA, KOLAR TALUK, AND ALSO AT C/O KULLAPPA #0, B BLOCK NARASPURA, KOLAR TALUK, NARASAPURA KOLAR …PETITIONERS (BY SRI. NANJUNDA GOWDA M.R, ADVOCATE) -2- AND:

1. THE STATE OF KARNATAKA BY THIRUMALASHETTAHALLI POLICE BENGALURU RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU-560 001.

2. SRI. BHARATH KUMAR

S/O SRIRAMAPPA AGED ABOUT 36 YEARS …RESPONDENTS (BY SRI. THEJEH.P, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT BENGALURU FOR THE OFFENCE P/U/S 120(B),201,307,504,506 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

-3- CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioners seek the following reliefs: "i) Call for L.C.R. in S.C.279/2021 on the file of the IX Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 120(B), 201, 307, 504, 506, 149 of IPC. ii) Quash the entire proceedings against the Additional District & Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 120(B), 201, 307, 504, 506 r/w 149 of IPC. iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice."

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.

3. Though several contentions have been urged by

both sides in support of their respective claims, it is the matter of record that during the pendency of the present petition, the -4- discharge application filed by the petitioner has been dismissed by the trial Court.

4. Under these circumstances, the petition stands

disposed of without expressing any opinion on the merits/demerits of the rival contentions and reserving liberty in favour of the petitioners to file a fresh petition seeking appropriate reliefs including challenging the order passed by the trial Court rejecting the discharge application filed by the petitioners. Subject to the aforesaid directions, petition stands disposed off. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 8

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