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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF JANUARY , 2021

BEFORE

THE HON’BLE MR.JUSTICE K.SOMASHEKAR

WRIT PETITION No.2208 OF 2018 (GM-RES)

CONNECTED WITH

CRIMINAL PETITION No.1928 OF 2017

CRIMINAL PETITION No.8678 OF 2016

IN W.P.NO.2208 OF 2018

BETWEEN:

Sri. Chandappa Gowda

S/o Poovani Gowda

Aged about 44 years

R/at Pangala House

Dharmasthala Village

Belthangady Taluk

DK District.

... Petitioner

(By Sri. Amar Correa - Advocate and

Smt. Shridevi Bhosale - Advocate)

AND:

1.

Central Bureau of Investigation

36, Bellary Road, Dena Bank Colony

Ganga Nagar

Bengaluru – 560 032.

2.

State of Karnataka

Through the Sub-Inspector of Police

Belthangady – 574214.

R

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3.

Central Investigation Department

Carlton House, Palace Road

Bengaluru – 560 001.

4.

Sri. Santhosh Rao

S/o Sudhakar Rao

Aged about 30 years

R/at Sri. Nava Durga Prasad

Near Housing Colony

Kukkundooru Village

Karkala Taluk, Udupi District

Kukkundooru – 576117.

... Respondents

(By Sri. P. Prasanna Kumar - Spl.PP for CBI – R1;

Smt. Rashmi Jadhav – HCGP for R2 and R3;

R4 served but unrepresented)

This Writ Petition is filed under Articles 226 and 227

of the Constitution of India r/w Section 482 of the Code of

Criminal Procedure, pleased to direct the R-1 to

reinvestigate

RC.2[S]/2014-CBI/SCB/CHN

[originally

Crime No.250/2012 of the R-2 Police] for offences

punishable under Sections 376 and 302 of Indian Penal

Code pending in the file of the L-Addl. City Civil and

Sessions Judge, Bengaluru in Spl.C.C.No.203/2016 which

re-investigation this Hon’ble court may kindly be pleased

to monitor vide Annexure-A.

IN CRL.P.No.1928 OF 2017

BETWEEN

1.

Mr. Dhiraj Jain

Aged 33 years

Son of Raviraj Ajila

R/at ‘Inchara’

Chandragiri, Dharmasthala

Belthangady Taluk

D.K. District-575175.

: 3 :

2.

Mr. Uday Jain

Aged 38 years

Son of Baby Kadamba

R/at Preethi Nagar

Dharmasthala

Belthangady Taluk

D.K. District-575175.

3.

Mr. Malik Jain

Aged 31 years

Son of Megharaj Jain

R/at Rajathagiri

Dharmasthala

Belthangady Taluk

D.K. District-8575175.

... Petitioners

(By Sri. P.P. Hegde, Advocate)

AND

1.

The State

Through the Investigating

Sub Inspector of Police Officer

Belthangady Police Station

Belthangady and Inspector of Police

C.B.I., Special Crime Branch

Chennai.

2. Sri. Chandappa Gowda

S/o Poovani Gowda

Aged about 44 years

R/at Pangala House

Dharmasthala Village

Belthangady Taluk

D.K. District-575175.

... Respondents

(By Smt. Rashmi Jadhav, HCGP for R-1;

Sri P. Prasanna Kumar – Spl.P.P for CBI-R-1;

Sri Amar Correa – Advocate for R-2)

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This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, praying to set aside the

impugned order dated 19.11.2016 passed by the court of

L-Addl. City Civil and Sessions Judge, Bengaluru in

Spl.C.C.No.203/2016 allowing this petition filed by

PW1/Respondent herein and summoning the petitioners

as additional accused to appear on 29.11.2016 and also

quash all further proceedings in Spl.C.C.No.203/2016

pending on the file of L-Addl. City Civil and Sessions

Judge, Bengaluru against the petitioners in the said case.

IN CRL.P.No.8678 OF 2016

BETWEEN

1.

Mr. Dhiraj Jain

Aged 33 years

Son of Raviraj Ajila

R/at ‘Inchara’

Chandragiri, Dharmasthala

Belthangady Taluk

D.K. District-575175.

2.

Mr. Uday Jain

Aged 38 years

Son of Baby Kadamba

R/at Preethi Nagar

Dharmasthala

Belthangady Taluk

D.K. District-575175.

3.

Mr. Malik Jain

Aged 31 years

Son of Megharaj Jain

R/at Rajathagiri

Dharmasthala

Belthangady Taluk

D.K. District-8575175.

... Petitioners

(By Sri. P.P. Hegde, Advocate)

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AND

1.

The State

Through the Investigating

Sub Inspector of Police Officer

Belthangady Police Station

Belthangady, D.K. District

Mangalore –