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2024 Supreme(Online)(Kar) 38515

KARNATAKA HIGH COURT
SHARFUDDIN – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


ORAL ORDER

1. Accused nos.1 & 2 in Crime No.193/2024 registered by Honnalli Police Station, Davanagere District, for the offences punishable under Sections 115(2), 118(2), 74, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.193/2024 was registered by Honnalli Police Station, Davanagere District, against the petitioners for the aforesaid offences on the basis of the first information dated 26.07.2024 received from injured Mohammed Siddiq who is the younger brother of the first petitioner herein. Apprehending arrest in the said case, petitioners had filed Crl. Misc. No.840/2024 before the jurisdictional Sessions Court, which was rejected on 20.08.2024. Therefore, they are before this Court.

4. Learned Counsel for the petitioners submits that the incident in question has taken place in a spur of moment in the house of the petitioners when the victim came there along with his wife and quarreled with the petitioners and their family members. He submits that the accused no.1 has not used any weapon to cause in

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