IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200395 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. BABU S/O MAIBOOB SAB PATHAN, AGE:29 YEARS, OCC: STUDENT, R/O. NEAR MARAGAMMA TEMPLE, RUKMAPUR KHANAPUR, RUKMAPUR, DIST. YADGIRI –585290.

2. AYYANNAGOUDA Digitally signed by S/O VIJAYAKUMAR, SREEDHARAN BANGALORE SUSHMA AGE:23 YEARS, LAKSHMI OCC: STUDENT, Location: High Court of Karnataka R/O. H. NO. 1/128, HEBBAL B TALLUK, SHORAPUR, DIST. YADGIRI–585215.

3. AMITH S/O RAMADAS RATHOD, AGE:26 YEARS, OCC: STUDENT, R/O. DORANAHALLI TANDA, TQ. SHORAPUR, DIST. YADGIRI–585223.

4. VENKATESH S/O RAYAPPA, AGE:26 YEARS, OCC: STUDENT, R/O. H. NO. 1/86, NEAR KMF MILK SOCIETY, BELGERA, DIST. YADGIRI–585321.

5. VISHWARADHYA S/O MANAPPA, AGE:26 YEARS, OCC: STUDENT, R/O. NADAKUR VILLAGE, TQ. SHORAPUR, DIST. YADGIRI-585214.

6. VENKTESH NAYAK S/O GUJAPPA NAYAK, AGE:28 YEARS, OCC: STUDENT, R/O. NEAR ESHWAR TEMPLE, MUNMUTGI, HATTIGUDUR, DIST. YADGIRI-585223.

7. RAGHAVENDRA S/O SHIVARAJAPPA, AGE:29 YEARS, OCC: STUDENT, R/O. H. NO. 2/74, WADIGERA ROAD, HALAGERA, DIST. YADGIRI-585202.

8. RAVITEJ S/O CHANDRASHEKHAR HIREMATH, AGE:28 YEARS, OCC: STUDENT, R/O. #14/192, KEB ROAD, OPP. TO S B TEMPLE, LAXMI GUNJ, SHAHABAD, DIST. KALABURAGI-585228.

…PETITIONERS (BY SRI GANESH NAIK, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA THROUGH, SINDHANOOR TOWN POLICE STATION, SINDHANOOR, DIST. RAICHUR-584128, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-02

2. SRI. BASAVARAJ TADAKAL, AGE:56 YEARS, OCC: GOVT. SERVENT, R/O. GOVT. DEGREE COLLEGE, SINDHANUR TQ. SINDHANUR, DIST. RAICHUR-584101.

…RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1)

THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS PRAYING TO, A) QUASH THE REASONS STATED ABOVE AMONGST OTHERS, IT IS HUMBLY PRAYED THAT, THE HON’BLE COURT BE PLEASED TO QUASH THE FIR AND COMPLAINT IN CRIME NO.180/2024, REGISTRIES BY THE OF SINDHANOOR TOWN POLICE STATION, DIST.RAICHUR AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE U/SEC. 126(2), 189(2), 190, 191(2), 248, 54 OF BNS 2023., PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT, SINDHANOOR DIST. RAICHUR. B) PASS ANY OTHER APPROPRIATE ORDER OR DIRECTIONS AS DEEMED FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S RACHAIAH)

1. The petitioners have filed this petition seeking to quash the FIR in Crime No.180/2024 of respondent – police for the offences punishable under Sections 126(2), 189(2), 190, 191(2), 248, 54 of BNS, 2023 pending on the file of Principal Civil Judge and JMFC Court, Sindhanoor District, Raichur.

2. However, in the meantime, learned High Court Government Pleader for the respondent No.1 – State submitted that a charge sheet has been filed against all these petitioners during pendency of this petition. Therefore, the petitioners have to amend the prayer or else with liberty they have to file fresh petition for quashing the charge sheet.

3. Having considered the said submissions, the learned counsel for the petitioner prays to dismiss the petition as not pressed with liberty to file fresh petition by considering the charge sheet. Leave granted.

The criminal petition stands dismissed with liberty to file fresh petition after considering the charge sheet.

SD/-

(S RACHAIAH)

JUDGE RSP/UN List No.: 1 Sl No.: 31 CT:PK