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2025 Supreme(Online)(Kar) 26373

KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
SHARANAGOWDA (MLA) S/O NAGANNAGOUDA KANDAKUR – Appellant
Versus
THE STATE OF KARNATAKA BY YADGIRI TOWN POLICE – Respondent


Advocates:
For the Appellants/Petitioners: SMT. URMILA PULLAT
For the Respondents: SRI JAGADISH B.N., SPL.P.P FOR R1

Table of Content
1. petitioners' identities and charges established. (Para 1 , 2 , 3)
2. arguments for and against unlawful assembly discussed. (Para 4 , 5 , 6)
3. court's findings on unlawful assembly elements. (Para 7)

ORAL ORDER

Heard the learned Senior Counsel Sri Sandesh J. Chouta appearing for the petitioner.

2. Learned Senior Counsel taking this Court through the documents appended to the petition would seek to demonstrate that the offences alleged are not made out even to its remoteness. He would further contend that the issue in the lis is answered by the judgment rendered by this Court in Crl.P.No.4067/2023.

3. Learned HCGP would not dispute the position of law as is laid down by this Court. Therefore, the submission is in union.

4. This Court in Crl.P.No.4067/2023 has held as follows:

“3. The learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by two orders passed by, one by the Co-ordinate Bench of this Court in Crl.P.No.3916/2018 disposed on 17.02.2020 and one by this Court in Crl.P.No.7575/2022 disposed on 22.08.2022, wherein held as follows

In Crl.P.No.3916/2018 disposed on 17.02.2020 has held as follows:

" This petition is filed

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