Karnataka High Court
CRL.P/7653/2019 of SRI. K MUNIYAPPA Vs SRI. N. NARAYANAPPA on 10 September 2026
CNR: KAHC010462032019 NC: 2026:KHC:49395 CRL.P No. 7653 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.7653 OF 2019 BETWEEN: SRI. K MUNIYAPPA AGED ABOUT 45 YEARS OPP. POLICE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.7653 OF 2019
BETWEEN:
SRI. K MUNIYAPPA
AGED ABOUT 45 YEARS
OPP. POLICE STATION
KOLAR MAIN ROAD
BANGARPET TOWN
KOLAR DISTRICT-563114
…PETITIONER
(BY SRI V VINOD REDDY, ADVOCATE [ABSENT])
AND:
1.
SRI N NARAYANAPPA
S/O SRI NARASIMHAPPA
AGED ABOUT 49 YEARS
R/O GULLAHALLI VILLAGE
GULLAHALLI POST
BANGARPET TALUK
KOLAR DIST - 563114
2.
SRI T MANJUNATH
S/O SRI THIMMARAYAPPA
AGED ABOUT 43 YEARS
R/O HUUVARASANAHALLI VILLAGE
KASABA HOBLI, MAGONDI POST
BANGARPET TALUK
KOLAR DISTRICT-563114
…RESPONDENTS
(BY SRI UDHAYA KUMAR G, ADVOCATE FOR R1; SRI K H SOMASHEKHARA, ADVOCATE FOR R2)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 11.10.2019 PASSED BY THE COURT
OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR
(SITTING AT KGF) IN CRL.RP.NO.37/19 VIDE ANNEXURE-F AND
ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
This matter is called twice i.e., in the morning session as well as in the afternoon session and there is no representation on behalf of the petitioner.
2. The prayer is sought in this petition to set aside the order dated 11.10.2019 passed by the III Additional district and Sessions Judge, Kolar, sitting at KGF in Crl.R.P.No.37/2019 and also prayed to allow this petition and restore the order dated 11.06.2019 in PCR No.94/2017 on the file of Additional Civil Judge, JMFC, Bangarpet.
3. Having considered the order passed by the Trial Court in PCR No.94/2017 dated 11.06.2019, it disclosed that
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the Trial Court considered the material to issue process against the accused No.1 and 2 under Section 204 and comes to the conclusion that material available on record is sufficient to proceed against only accused No.2. The said order was challenged before the Revisional Court. The Revisional Court considering the grounds urged in the revision and appreciating the material on record comes to the conclusion that it is a fit case to proceed against both accused Nos.1 and 2 and allowed the revision petition. The said revisional court order is challenged before this Court.
4. The main ground urged in the petition is that the Trial Court rightly dismissed the case in respect of accused No.1, but Revisional Court has committed an error in proceeding against accused No.1 and the offence invoked against the accused is Section 500 of IPC and the sworn statement of the petitioner is coupled with Ex.P1 to P7 which clearly makes out a prima facie case to take cognizance of the alleged offence of 500 of IPC against accused No.1 also and the same is taken note of by the Revision Court in paragraph 15 of its Judgment. When such reasoned order has been passed, the
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question of entertaining this petition does not arise. Hence, no ground is made out to entertain the petition under Section 482 of Cr.P.C. Accordingly, the petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
SN