SRI C NAGARAJA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 5210 OF 2024
BETWEEN:
SRI C NAGARAJA
S/OALTE CHINAPPA
AGED ABOUT 69 YEARS
NO.1/1, FLAT NO.401,
M.K MARUTHI RESIDENCY
ST
1 MAIN ROAD
A NARAYANAPURA
DOORAVANINAGARA
BENGALURU - 560 016
…PETITIONER
(BY SRI. LOKESH K, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY MAHADEVAPURA POLICE STATION
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001
2. KARUNAKARA
S/O LATE K LAKSHMIPATHI
AGED ABOUT 37 YEARS
3. KIRAN KUMAR
S/O LATE K LAKSHMIPATHI
AGED ABOUT 36 YEARS
4. YASHWANTH
S/O LATE K LAKSHMIPATHI
AGED ABOUT 32 YEARS
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
5. SMT CHANDRAKANTHA
W/O LATE K LAKSHMIPATHI
AGED ABOUT 53 YEARS
RESPONDENTS NO.2 TO 5 ARE
PRESENTLY R/AT NO.07,
A NARAYANAPURA, MAIN ROAD,
DOORAVANINAGARA
BENGALURU - 560 016
6. SMT SHARADA
W/O SIDDAGANGAIAH
AGE ABOUT 45 YEARS
PRESENTLY R/AT NO. 49, A NARAYANAPURA
NEAR PATALAMMA TEMPLE
DOORAVANI NAGARA
BENGALURU - 560 016
7. NIRMALA
W/O VENKATARAJU
AGED ABOUT 59 YEARS
R/AT SHIVA NERALU, NO.454,
TH
7 CROSS ROAD, MICO LAYOUT,
ND
BTM 2 STAGE, BTM LAYOUT,
BENGALURU - 560 076
8. KUSUMA
W/O KARUNAKAR
AGED ABOUT 34 YEARS
9. NIKITA
W/O YESHWANTHA
AGED ABOUT 25 YEARS
PRESENTLY RESPONDENT NO.7 & 8 ARE
R/AT NO.07, A NARAYANAPURA,
MAIN ROAD,
DOORAVANINAGARA
MAHADEVAPURA
BENGALURU - 560 016
10. NAGAVENI
W/O APPANNA AGED
- 3 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
ABOUT 48 YEARS
11. APARNA
D/O KRISHNAPPA
AGED ABOUT 58 YEARS
12. GIRI
W/O APPANNA AGED
ABOUT 48 YEARS
RESPONDENT NO.10 TO 12
R/AT NO.07, KRISHNAPPA LAYOUT
A NARAYANAPURA, MAHADEVAPURA
BENGALURU - 560 016
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
SRI. KIRAN KUMAR, D.K, ADVOCATE FOR R7,
VIDE ORDER DATED 16.01.2025, NOTICE TO REMAINING
RESPONDENTS IS DISPENSED WITH)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 12.12.2023 PASSED IN
C.C.NO.62046/2023 BY THE XXIX ACMM MAYO HALL AT
BENGALURU CITY.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed by the complainant seeking to set
aside the order dated 12.12.2023 passed in
C.C.No.62046/2023 by the XXIX Addl. Chief Metropolitan
Magistrate, Mayo Hall Unit, Bengaluru (for short, 'learned
Magistrate) without providing opportunity to the petitioner to
file protest petition in respect of dropping accused No.6 -
- 4 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
Nirmala from the charge sheet by respondent No.1-Police for
the offences punishable under Sections 427, 504 and 506 read
with Section 34 of IPC.
2. The brief facts of the case are that, the
petitioner/complainant lodged a complaint against one
Karunakara and 11 others on 20.07.2023 alleging that they
illegally trespassed his flat on 20.07.2023 by break opening the
door and lock of the house and stolen the silver articles worth
Rs.5,00,000/- from his house and also manhandled him. On the
strength of the said complaint, FIR came to be registered in
Crime No.347/2023 dated 20.07.2023 for the offences
punishable under Sections 427, 506, 380 and 448 read with
Section 149 of IPC. Subsequently, respondent No.1-Police
investigated the case and laid charge sheet against accused
Nos.1 to 5 and 7 to 11 by dropping accused Nos.6 and 12 from
the charge sheet. Later, the proceedings was initiated in
C.C.No.62046/2023 before the learned Magistrate, wherein the
learned Magistrate took cognizance of the offences against the
said accused for the offences punishable under Sections 427,
504, 506 read with Section 34 of IPC and sentenced them to
undergo simple imprisonment till rising of the Court and a fine
- 5 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
of Rs.800/- and in default of payment of fine, to undergo
simple imprisonment for a period of three days. Accordingly,
the proceedings was closed. Challenging the order of taking
cognizance on other accused without providing an opportunity
to the petitioner to file a protest petition against dropping of
accused No.6 from the charge sheet, the petitioner is before
this Court.
3. Heard the learned counsel for the respective
parties.
4. The contention of learned counsel for the
petitioner/complainant is that though there is a prima facie
case made out by the petitioner against accused No.6,
respondent No.1-Police have dropped accused No.6 from the
charge sheet at her instance. By placing reliance on CCTV
footage, he submits that though the participation of accused
No.6 in the alleged crime clearly reveals in the CCTV footage,
the Police have filed 'B' report. However, the learned Magistrate
hurriedly closed the proceedings by imposing fleabite sentence
to the other accused. As such, the petitioner ought to have
- 6 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
given opportunity to protest 'B' report by filing protest
petition/memo. Accordingly, he prays to allow the petition.
5. The aforesaid prayer is opposed by learned HCGP
for respondent No.1 and learned counsel for respondent Nos.2
to 11. They contended that after a detailed investigation,
respondent No.1-Police have dropped accused No.6 from the
charge sheet on the ground that no offence has been made out
against her. In such circumstances, there is no such necessity
to grant an opportunity to the petitioner to file a protest
petition/memo. Moreover, the other accused were committed
by imposing the sentence till rising of the Court. As such, they
pray to dismiss the petition.
6. I have given my anxious consideration to the
submissions and perused the documents made available on
record.
7. On careful scrutiny of the charge sheet and other
materials, initially accused No.6 was named in the FIR on the
strength of the complaint lodged by the petitioner.
Subsequently, during the course of investigation, she was
dropped from the charge sheet. After filing of charge sheet by
- 7 -
HC-KAR
NC: 2026:KHC:60033
CRL.P No. 5210 of 2024
CNR: KAHC010290652024
dropping accused No.6, the proceedings was initiated in
C.C.No.62046/2023 before the learned Magistrate. As such,
inadvertently, the learned Magistrate has proceeded to take
cognizance for the offences against other accused who were
charge sheeted and permitted them to plead guilty and
imposed the minimum sentence. However, since accused No.6
was dropped from the charge sheet, as rightly contended by
learned counsel for the petitioner, an opportunity ought to have
been extended to the petitioner to protest the same by filing
necessary petition/memo before the learned Magistrate.
8. The petition is accordingly allowed in part . The
petitioner/complainant is permitted to file a protest
petition/memo in C.C.No.62046/2023 before the learned
Magistrate against dropping accused No.6 from the charge
sheet for the offences punishable under Sections 427, 504 and
506 read with Section 34 of IPC.
SD/-
(RAJESH RAI K)
JUDGE
HKV
List No.: 1 Sl No.: 2