Full Judgment Text
- 1 -
NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 19 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 16990 OF 2025
BETWEEN:
1. SHRI. MURALIDHARA PAI,
S/O LATE VITTHAL PAI,
AGED ABOUT 57 YEARS,
OCC: BUSINESS,
R/O MANJUNATHA NILAYA,
VAIDYANATHA NAGAR,
ATTAVAR, PANDESHWAR POST,
TALUK: MANGALURU,
DAKSHINA KANNADA - 575 001.
2.
SHRI. LOHITH,
S/O LATE NARAYANA,
AGED ABOUT 40 YEARS,
OCC: REAL ESTATE,
R/O NEAR SATHYANARAYAN
HANUMAN TEMPLE,
ADYAR KILA, OPP. SAHYADRI COLLEGE,
ADYAR VILLAGE AND POST,
TAL: MANGALURU,
DAKSHINA KANNADA - 575 007.
3. SHRI. RAJESH @ KOMBU RAJESH,
S/O LATE DAMODAR JOGI,
AGED ABOUT 31 YEARS,
OCC: DRIVER,
R/O MANJUNATHA NILAYA,
Digitally
signed by
NAGAVENI
Location:
High Court
of Karnataka
- 2 -
NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
3-278, NEAR MATTI CROSS,
KAIKAMBA, BADAGU ULIPADI VILLAGE,
KINNIKAMBALA VILLAGE,
MANGALURU, DAKSHINA KANNADA - 574 151.
4.
SHRI. SUNIL DEVADIGA @ CHINGAM SUNIL,
S/O LATE VEERAPPA DEVADIGA,
AGED ABOUT 43 YEARS,
OCC: REAL ESTATE,
R/O BEHIND POLALI RAJARAJESHWARI TEMPLE,
RENTED HOUSE OF NARAYANA POOJARY,
KARIYAM VILLAGE, POLALI POST OFFICE,
TALUK: BANTWAL,
DAKSHINA KANNADA - 574 219.
…PETITIONERS
(BY SRI. PRITHVIRAJ SHASTRY G., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
THROUGH KAVOOR POLICE STATION,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.
2.
SMT. JOYCE RASQUINHA,
W/O PRASHANTH RASQUINHA,
AGED ABOUT 43 YEARS,
FERNHILL, CUSTOM COLONY,
BONDEL, MANGALORE,
DAKSHINA KANNADA – 575 008.
…RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1)
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NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO QUASH THE FIR, CHARGE SHEET AND
ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.336/2019
PENDING ON THE FILE OF THE I ADDL SENIOR CIVIL JUDGE
AND CJM, MANGALURU, ARISING OUT OF CRIME NO.1/2019 OF
KAVOOR POLICE STATION, REGISTERED AGAINST THE
PETITIONER FOR OFFENCES U/S.323, 342, 365, 368, 385 R/W
SEC.149 OF IPC 1860.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned Addl. SPP appearing for the respondent-State, on
verification of the records would submit the charges are framed
in the case at hand on 10.01.2022 and the matter is at the
stage of evidence. At the fag end of the proceedings, the
petitioners have approached this Court invoking its jurisdiction
under Section 482 of the erstwhile Cr.P.C. and Section 528 of
the latest regime the BNSS, on a contention that there is
nothing in the charge against the petitioners.
2.
Once the evidence has commenced, it is for the
petitioners to come out clean in a full blown trial. The
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NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
jurisdiction of this Court is extremely limited once the charges
are framed in the light of the judgement of Apex Court in the
1
MINAKSHI BALA V. SUDHIR KUMAR
case of .
3. In that light, the petitioners are at liberty to urge all
the contentions that are urged in the proceedings before the
concerned Court.
With the aforesaid observations, the Criminal Petition
stands disposed .
Sd/-
(M.NAGAPRASANNA)
JUDGE
CBC
List No.: 1 Sl No.: 58
1
(1994) 4 SCC 142
NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 19 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 16990 OF 2025
BETWEEN:
1. SHRI. MURALIDHARA PAI,
S/O LATE VITTHAL PAI,
AGED ABOUT 57 YEARS,
OCC: BUSINESS,
R/O MANJUNATHA NILAYA,
VAIDYANATHA NAGAR,
ATTAVAR, PANDESHWAR POST,
TALUK: MANGALURU,
DAKSHINA KANNADA - 575 001.
2.
SHRI. LOHITH,
S/O LATE NARAYANA,
AGED ABOUT 40 YEARS,
OCC: REAL ESTATE,
R/O NEAR SATHYANARAYAN
HANUMAN TEMPLE,
ADYAR KILA, OPP. SAHYADRI COLLEGE,
ADYAR VILLAGE AND POST,
TAL: MANGALURU,
DAKSHINA KANNADA - 575 007.
3. SHRI. RAJESH @ KOMBU RAJESH,
S/O LATE DAMODAR JOGI,
AGED ABOUT 31 YEARS,
OCC: DRIVER,
R/O MANJUNATHA NILAYA,
Digitally
signed by
NAGAVENI
Location:
High Court
of Karnataka
- 2 -
NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
3-278, NEAR MATTI CROSS,
KAIKAMBA, BADAGU ULIPADI VILLAGE,
KINNIKAMBALA VILLAGE,
MANGALURU, DAKSHINA KANNADA - 574 151.
4.
SHRI. SUNIL DEVADIGA @ CHINGAM SUNIL,
S/O LATE VEERAPPA DEVADIGA,
AGED ABOUT 43 YEARS,
OCC: REAL ESTATE,
R/O BEHIND POLALI RAJARAJESHWARI TEMPLE,
RENTED HOUSE OF NARAYANA POOJARY,
KARIYAM VILLAGE, POLALI POST OFFICE,
TALUK: BANTWAL,
DAKSHINA KANNADA - 574 219.
…PETITIONERS
(BY SRI. PRITHVIRAJ SHASTRY G., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
THROUGH KAVOOR POLICE STATION,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.
2.
SMT. JOYCE RASQUINHA,
W/O PRASHANTH RASQUINHA,
AGED ABOUT 43 YEARS,
FERNHILL, CUSTOM COLONY,
BONDEL, MANGALORE,
DAKSHINA KANNADA – 575 008.
…RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1)
- 3 -
NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO QUASH THE FIR, CHARGE SHEET AND
ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.336/2019
PENDING ON THE FILE OF THE I ADDL SENIOR CIVIL JUDGE
AND CJM, MANGALURU, ARISING OUT OF CRIME NO.1/2019 OF
KAVOOR POLICE STATION, REGISTERED AGAINST THE
PETITIONER FOR OFFENCES U/S.323, 342, 365, 368, 385 R/W
SEC.149 OF IPC 1860.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned Addl. SPP appearing for the respondent-State, on
verification of the records would submit the charges are framed
in the case at hand on 10.01.2022 and the matter is at the
stage of evidence. At the fag end of the proceedings, the
petitioners have approached this Court invoking its jurisdiction
under Section 482 of the erstwhile Cr.P.C. and Section 528 of
the latest regime the BNSS, on a contention that there is
nothing in the charge against the petitioners.
2.
Once the evidence has commenced, it is for the
petitioners to come out clean in a full blown trial. The
- 4 -
NC: 2026:KHC:3005
CRL.P No. 16990 of 2025
HC-KAR
jurisdiction of this Court is extremely limited once the charges
are framed in the light of the judgement of Apex Court in the
1
MINAKSHI BALA V. SUDHIR KUMAR
case of .
3. In that light, the petitioners are at liberty to urge all
the contentions that are urged in the proceedings before the
concerned Court.
With the aforesaid observations, the Criminal Petition
stands disposed .
Sd/-
(M.NAGAPRASANNA)
JUDGE
CBC
List No.: 1 Sl No.: 58
1
(1994) 4 SCC 142