Mr Deepak vs State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1762801
CourtKarnataka Orders High Court
Decided OnSep-01-2025
Case NumberWP/25481/2025
JudgeSachin Shankar Magadum
AppellantMr Deepak
RespondentState of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 1st day of september, 2025 before the hon'ble mr. justice sachin shankar magadum writ petition no. 25481 of 2025 (gm-res) between: mr. deepak s/o jayaram shetty, aged about 29 years, permanently residing at; 6-25, kanchara kambala house, marne, ajakar post, karkala taluk, udupi - 574 101. aadhar no: 8122 2120 8854 …petitioner (by sri. akash b shetty, advocate) and:1. state of karnatakadigitally signed by mico layout police station, by al bhagya rep. by the state public prosecutor, location: high high court of karnatakacourt of karnataka dr. b.r ambedkar veedhi, bangalore - 560 001.2. smt. geetha v.,w/o deepak, aged about 30 years, r/at no.37, 2nd cross, 3rd main, vijaya banak layout, bilekahalli, arakere, bangalore city - 560 076. …respondents (by sri. anoop kumar, hcgp r-1) -2- this wp is filed under artilces 226 and 227 of constitution of india, read with section 528 of the bharatiya suraksha sanhite, 2023 praying to i. issue a writ of certiorari by quashing the charge sheet no.116/2025 filed by the respondent police against the petitioner dated 11/06/2025, for offence punishable under section 85, 115(2), 351(2), 351(3), 352 of the bharatiya nyaya sanhite (bns) 2023 and section 3(1) (r), 3(1) (s) of sc/st (prevention of atrocities) amendment ordinance 2014, before the hon'ble lxx addl. city civil and sessions judge and special judge, at bengaluru (cch-71), vide annexure-a. this petition, coming on for orders, this day,order was made therein as under:coram: hon'ble mr. justice sachin shankar magadumoral orderlearned counsel for the petitioner has filed a memo dated 21.08.2025 seeking permission of this court to withdraw the petition with liberty to file a fresh petition.2. the said memo is taken on record.3. in view of the above said memo, the petition is dismissed as withdrawn with liberty as prayed for. sd/- (sachin shankar magadum) judge nbm list no.: 2 sl no.: 115
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25481 OF 2025 (GM-RES) BETWEEN: MR. DEEPAK S/O JAYARAM SHETTY, AGED ABOUT 29 YEARS, PERMANENTLY RESIDING AT; 6-25, KANCHARA KAMBALA HOUSE, MARNE, AJAKAR POST, KARKALA TALUK, UDUPI - 574 101. AADHAR NO: 8122 2120 8854 …PETITIONER (BY SRI. AKASH B SHETTY, ADVOCATE) AND:

1. STATE OF KARNATAKA

Digitally signed         BY MICO LAYOUT POLICE STATION,
by AL BHAGYA             REP. BY THE STATE PUBLIC PROSECUTOR,
Location: HIGH           HIGH COURT OF KARNATAKA

COURT OF KARNATAKA DR. B.R AMBEDKAR VEEDHI, BANGALORE - 560 001.

2. SMT. GEETHA V.,

W/O DEEPAK, AGED ABOUT 30 YEARS, R/AT NO.37, 2ND CROSS, 3RD MAIN, VIJAYA BANAK LAYOUT, BILEKAHALLI, ARAKERE, BANGALORE CITY - 560 076. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP R-1) -2- THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF CONSTITUTION OF INDIA, READ WITH SECTION 528 OF THE BHARATIYA SURAKSHA SANHITE, 2023 PRAYING TO I. ISSUE A WRIT OF CERTIORARI BY QUASHING THE CHARGE SHEET NO.116/2025 FILED BY THE RESPONDENT POLICE AGAINST THE PETITIONER DATED 11/06/2025, FOR OFFENCE PUNISHABLE UNDER SECTION 85, 115(2), 351(2), 351(3), 352 OF THE BHARATIYA NYAYA SANHITE (BNS) 2023 AND SECTION 3(1) (R), 3(1) (S) OF SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ORDINANCE 2014, BEFORE THE HON'BLE LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, AT BENGALURU (CCH-71), VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Learned counsel for the petitioner has filed a memo dated 21.08.2025 seeking permission of this Court to withdraw the petition with liberty to file a fresh petition.

2. The said memo is taken on record.

3. In view of the above said memo, the petition is dismissed as withdrawn with liberty as prayed for. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 115