RAJEEV vs STATE OF KARNATAKA

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 7 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 10796 OF 2024

(482(Cr.PC) / 528(BNSS)-)

C/W

CRIMINAL PETITION NO. 11173 OF 2025

(482(Cr.PC) / 528(BNSS)-)


CRIMINAL PETITION NO. 11885 OF 2025

(482(Cr.PC) / 528(BNSS)-)

CRIMINAL PETITION NO. 13873 OF 2025

(482(Cr.PC) / 528(BNSS)-)



IN CRL.P No. 10796/2024
BETWEEN:

MR MOHAMMAD SADATH RAYAN G
S/O G MOHAMMAD YUSUF,
AGED ABOUT 29 YEARS,
R/AT NEAR LIC OFFICE,
KAYIPETE,
GUBBI TOWN,
GUBBI TALUK,
TUMAKURU - 572101.

…PETITIONER
(BY SRI. K.V. MANOJ A/W
SRI. UPENDRA A.H., ADVOCATE FOR
SRI. HANUMANTHARAYA C H., ADVOCATE)




Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 2 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


AND:

1. STATE OF KARNATAKA
BY PATANAYAKANAHALLI P S,
TUMKUR
(REP BY STATE PUBLIC PROSECUTOR,)
HIGH COURT COMPLEX,
BANGALORE - 560001.

2. DRUVACHARYA
AGED ABOUT 68 YEARS,
PATANAYAKANAHALLI P S,
SIRA RURAL CIRCLE,
TUMKURU DISTRICT 572135.

…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528
BNSS) PRAYING TO QUASH THE CHARGE SHEET FILED BY
RESPONDENT NO.1, FOR THE OFFENCES P/U/S 3 AND 25 OF INDIAN
ARMS ACT, 1959, R/W SEC.34 OF IPC, IN CR.NO.113/2020
(CC.NO.3480/2022) OF THE RESPONDENT P.S., PENDING BEFORE
THE ADDITIONAL CIVIL JUDGE AND JMFC, SIRA, TUMKUR DISTRICT
IN CC.NO.3480/2022.


IN CRL.P NO. 11173/2025
BETWEEN:

NAVEEN R
S/O. RAMADASA
AGED ABOUT 25 YEARS,
RA/T SUBHASH NAGARA,
GUBBI TOWN
TUMAKURU DISTRICT
...PETITIONER
(BY SRI. PURUSHOTHAMA H.E., ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY ITS PATANAYAKANAHALLI POLICE STATION,
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 3 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


TUMAKURU DISTRICT.
REPTD. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560 001.

2. DRUVACHARYA -
AGED ABOUT 59 YEARS,
POLICE OFFICER,
PATANAYAKANAHALLI POLICE STATION,
SIRA RURAL CIRCLE,
TUMAKURU DISTRICT
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN CC NO.3480/2022 ARISING OUT OF CRIME
NO.113/2020 OF PATANAYAKANAHALLI POLICE STATION,
TUMAKURU FOR THE OFFENCE P/U/S 3 AND 25 OF THE INDIAN
ARMS ACT 1959 A/W SECTION 34 OF IPC, PENDING ON THE
FILE OF THE ADDL.CIVIL JUDGE AND JMFC, SIRA TUMAKURU
DISTRICT IN SO FAR AS THE PETITIONER IS CONCERNED.


IN CRL.P NO. 11885/2025
BETWEEN:

1. SUJATH HASNI
S/O. SYED ABIB
AGED ABOUT 27 YEARS,
MG ROAD NEAR RAJU BEEDI,
FACTORY GUBBI TOWN, GUBBI,
TUMAKURU DISTRICT, KARNATAKA

2. KIRAN ALIYAS KANNA
S/O. RANGASWAMY
AGED ABOUT 25 YEARS,
BASAVANAGARA GUBBI TOWN,
GUBBI TQ, TUMAKURU DISTRICT,
KARNATAKA

3. SHREEDHARA ALIYA SHIVANNA
S/O. HANUMANTHARAYAPA
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 4 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


AGED ABOUT 40 YEARS,
BEHIND GUBBI LAKE,
HANUMANTHANAGARA GUBBI TOWN,
GUBBI TQ, TUMAKURU DISTRICT, KARNATAKA

...PETITIONERS
(BY SRI. PURUSHOTHAMA H.E., ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY ITS PATANAYAKANAHALLI POLICE STATION,
TUMAKURU DISTRICT.
REPTD. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560 001.

2. DRUVACHARYA
AGED ABOUT 59 YEARS,
POLICE OFFICER,
PATANAYAKANAHALLI POLICE STATION,
SIRA RURAL CIRCLE,
TUMAKURU DISTRICT
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED
U/S 528 BNSS) PRAYING TO CALL FOR RECORDS AND QUASH
THE ENTIRE PROCEEDINGS IN CC NO.3480/2022 ARISING OUT
OF CR.NO.113/2020 OF PATANAYAKANAHALLI P.S , TUMAKURU
FOR THE O/P/U/S 3 AND 25 OF THE INDIAN ARMS ACT 1959
R/W SEC.34 OF IPC, PENDING ON THE FILE OF ADDL.CIVIL
JUDGE AND JMFC, SIRA, TUMAKURU DISTRICT, IN SO FAR AS
THE PETITIONERS IS CONCERNED.


IN CRL.P NO. 13873/2025
BETWEEN:

RAJEEV
S/O LATE NAGARAJU,
AGED ABOUT 26 YEARS,
ND
R/AT 2 CROSS,
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 5 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


MAHALAKSHMI NAGARA,
GUBBI TOWN,
TUMAKURU DISTRICT. 5721012
...PETITIONER
(BY SRI. PURUSHOTHAMA H.E.., ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY ITS PATANAYAKANAHALLI POLICE STATION,
TUMAKURU DISTRICT,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001

2. DRUVACHARYA
AGED ABOUT 62 YEARS,
POLICE OFFICER,
PATANAYAKANAHALLI POLICE STATION,
SIRA RURAL CIRCLE,
TUMAKURU DISTRICT. 5721012
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
R2-SERVED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C (U/S 528 BNSS) PRAYING TO CALL FOR THE RECORDS
AND QUASH THE ENTIRE PROCEEDINGS IN CC.NO.3480/2022
ARISING OUT OF CR.NO.113/2020 OF PATANAYAKANAHALLI
P.S., TUMAKURU, FOR THE OFFENCES P/U/S 3 AND 25 OF THE
INDIAN ARMS ACT, 1959, U/S 34 OF IPC, PENDING ON THE FILE
OF ADDL. CIVIL JUDGE AND JMFC, SIR, TUMAKURU DISTRICT,
IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC

THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 6 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


ORAL ORDER

1. The Petitioner in Crl.P.No.10796/2024 is before this
Court seeking for the following reliefs:
a. Quash the charge sheet filed by respondent
no.1, for the offences p/u/s 3 and 25 of
Indian Arms Act, 1959, r/w sec.34 of IPC, in
Cr.No.113/2020 (CC.No.3480/2022) of the
respondent p.s., pending before the
Additional Civil Judge and JMFC, Sira,
Tumkur District in cc.no.3480/2022.



2. The Petitioner in Crl.P.No.11173/2025 is before this
Court seeking for the following reliefs:
a. Quash the entire proceedings in CC
NO.3480/2022 arising out of Crime
No.113/2020 of Patanayakanahalli Police
Station, Tumakuru for the offence p/u/s 3
and 25 of the Indian Arms Act 1959 a/w
Section 34 of IPC, pending on the file of the
Addl.Civil Judge and JMFC, Sira Tumakuru
District in so far as the petitioner is
concerned.


3. The Petitioners in Crl.P.No.11855/2025 are before
this Court seeking for the following reliefs:
a. Call for records and quash the entire
proceedings in CC NO.3480/2022 arising out
of Cr.No.113/2020 of Patanayakanahalli P.S ,
Tumakuru for the o/p/u/s 3 and 25 of the
Indian Arms Act 1959 r/w sec.34 of ipc,
pending on the file of Addl.Civil Judge and
JMFC, Sira, Tumakuru District, in so far as
the petitioners is concerned.
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 7 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024





4. The Petitioner in Crl.P.No.13873/2025 is before this
Court seeking for the following reliefs:
a. Call for the records and Quash the entire
proceedings in Cc.No.3480/2022 arising out
of CR.NO.113/2020 of Patanayakanahalli
P.S., Tumakuru, for the offences p/u/s 3 and
25 of the Indian Arms Act, 1959, u/s 34 of
IPC, pending on the file of Addl. Civil Judge
and JMFC, sir, Tumakuru District, in so far as
the petitioner is concerned;
b. Allow the above criminal petition in the
interest of justice and equity.

5. A complaint was lodged on 29.09.2020, pursuant to
which Crime No. 113/2020 came to be registered by
Patanayakanahalli Police Station for offences
punishable under Sections 3 and 25 of the Arms Act,
1959 (hereinafter referred to as “the Arms Act”), and
Section 9 of the Wild Life (Protection) Act, 1972
(hereinafter referred to as “the Wild Life Act”). Upon
completion of the investigation, a charge-sheet came
to be filed on 04.12.2021 for offences punishable
under Sections 3 and 25 of the Arms Act.

6. In the meanwhile, a private complaint came to be
instituted in PCR No. 470/2021 on 30.10.2021. The
matter was referred for investigation under Section
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 8 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


156(3) of the Code of Criminal Procedure, 1973
(Cr.P.C.). In the said proceedings, cognizance is
stated to have been taken on 26.11.2021 for
offences punishable under Sections 3 and 25 of the
Arms Act and Section 9 of the Wild Life Act.

7. Learned counsel appearing for the petitioners in the
connected matters submits that, since cognizance
had already been taken in PCR No. 470/2021 on
26.11.2021 in respect of the aforesaid offences, the
subsequent filing of the charge-sheet on 04.12.2021
in Crime No. 113/2020 would result in two parallel
criminal proceedings in respect of the same offences.
It is contended that the continuation of both sets of
proceedings would subject the petitioners to
duplicative prosecution arising out of the same
occurrence.

8. The records indicate that cognizance was taken in
PCR No. 470/2021 on 26.11.2021 for offences
punishable under Sections 3 and 25 of the Arms Act
and Section 9 of the Wild Life Act. The police charge-
sheet filed on 04.12.2021, however, pertains to
offences punishable under Sections 3 and 25 of the
Arms Act. Thus, the two sets of proceedings concern
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 9 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


overlapping offences arising out of the same alleged
occurrence.

9. The record further indicates that no charge-sheet has
been filed in Crime No. 113/2020 in respect of the
offence under Section 9 of the Wild Life Act. The two
proceedings are overlapping proceedings, in relation
to the offences punishable under Sections 3 and 25
of the Arms Act.

10. In that view of the matter , this Court passes the
following:
ORDER

i) Criminal petitions are allowed .

ii) The proceedings in C.C.No.3480/2022 arising
out of Crime No.113/2020 pending on the file of
the Additional Civil Judge and JMFC, Sira,
Tumakuru District, insofar as the petitioner-
accused No.2 (in Crl.P.No.10796/2024) is
concerned, are hereby quashed.

iii) The proceedings in C.C.No.3480/2022 arising
out of Crime No.113/2020 pending on the file of
the Additional Civil Judge and JMFC, Sira,
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

- 10 -
HC-KAR
NC: 2026:KHC:57624
CRL.P No. 10796 of 2024
C/W CRL.P No. 11173 of 2025
CRL.P No. 11885 of 2025
AND 1 OTHER


CNR: KAHC010538932024


Tumakuru District, insofar as the petitioner-
accused No.1 (in Crl.P.No.11173/2025) is
concerned, are hereby quashed.

iv) The proceedings in C.C.No.3480/2022 arising
out of Crime No.113/2020 pending on the file of
the Additional Civil Judge and JMFC, Sira,
Tumakuru District, insofar as the petitioners-
accused No.3, 4 and 5 (in
Crl.P.No.11885/2025) are concerned, are
hereby quashed.

v) The proceedings in C.C.No.3480/2022 arising
out of Crime No.113/2020 pending on the file of
the Additional Civil Judge and JMFC, Sira,
Tumakuru District, insofar as the petitioner-
accused No.6 (in Crl.P.No.13873/2024) is
concerned, are hereby quashed.

Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru

Verified
(SURAJ GOVINDARAJ)
JUDGE

KTY
List No.: 21