Karnataka High Court
Shri. Shivakumar S/O. Subhash Hosamani vs The State Of Karnataka on 20 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:4112
CRL.P No. 102562 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 102562 OF 2023
BETWEEN:
SHRI. SHIVAKUMAR S/O. SUBHASH HOSAMANI,
AGE. 27 YEARS, OCC. AGRICULTURE,
R/O. GANJ ROAD, NEAR SHIVALINGESHWAR TEMPLE,
SHIVAJI NAGAR, KALABURGI,
PIN-585265.
... PETITIONER
(BY SRI. S.M. MUCHHANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THE POLICE INSPECTOR ANKALI POLICE STATION,
TALUK. CHIKKODI, DIST. BELAGAVI, PIN-591213,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
AT DHARWAD BENCH,
PIN-580011.
MANJANNA
E 2. SHRI. SUBHASH S/O. BHIMAU BILLURE,
Digitally signed
by MANJANNA E
AGE. 56 YEARS, OCC. ADVOCATE,
Date: 2024.02.21
13:17:43 +0530 R/O. CHANDUR, TQ. CHIKKODI,
PIN-591213, PRESENTLY RESIDING
AT JYOTIBANAGAR, ANKALI,
TQ. CHIKKODI, DIST. BELAGAVI,
PIN-591213.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. SHEKHAR GOUDA M. NAGANURI, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO ALLOWED AND THE FIR AND COMPLAINT IN ANKALI
P.S. CRIME NO.54/2022 U/SEC. 306 OF IPC PENDING ON THE FILE
OF II ADDL. CIVIL JUDGE AND JMFC CHIKKODI, MAY BE QUASHED.
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NC: 2024:KHC-D:4112
CRL.P No. 102562 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed challenging the registration of a criminal case for an offence under Section 306 as against the petitioner.
2. The allegations in the complaint indicate that the complainant's daughter had committed suicide and this was because of obscene images that she had received to her mobile belonging to the petitioner.
3. On the last occasion, since it was submitted that the Forensic Report was awaited the Director of Forensic Laboratory was directed to be present before the Court and accordingly the Deputy Director appeared before the Court and placed on record the test report in respect of one mobile.
4. Today, the forensic report of another mobile is also been placed on record. In the said report, it is indicated that there are several obscene images and there -3- NC: 2024:KHC-D:4112 CRL.P No. 102562 of 2023 was record of calls made between the two telephone numbers.
5. In that view of the matter, in my view, this would not be an appropriate case to interfere under Section 482 of the Cr.P.C. Consequently, the petition is dismissed.
Sd/-
JUDGE VNP*/CT:BCK List No.: 1 Sl No.: 103