Karnataka High Court
Hamali Manju @ Manjunatha vs The State Of Karnataka By on 12 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:26869
CRL.P No. 6343 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6343 OF 2024
BETWEEN:
1. HAMALI MANJU @ MANJUNATHA
S/O NAGARAJAPPA
AGED ABOUT 30 YEARS
OCC: COOLIE
R/O KANAMACHARLU PAVAGAD TOWN
PAVAGAD TALUK
TUMKUR DISTRICT - 561 202
2. HAMALI HANUMANTHA
S/O ANJANAPPA
Digitally signed AGED ABOUT 50 YEARS
by NAGAVENI
OCC: COOLIE
Location: HIGH
COURT OF R/O BABAYYANAGUDI STREET
KARNATAKA
PAVAGAD TOWN
PAVAGAD TALUK
TUMKUR DISTRICT - 561202
...PETITIONERS
(BY SRI. P.B. UMESH, ADV. FOR
SRI. R B DESHPANDE, ADVOCATE)
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NC: 2024:KHC:26869
CRL.P No. 6343 of 2024
AND:
1. THE STATE OF KARNATAKA BY
PAVAGAD POLICE STATION
MADHUGIRI SUB-DIVISION
TUMKUR DISTRICT - 561202
(REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS, BENGALURU - 560 001)
2. SMT. YJAYANTHI MALA N
W/O RAMESH K
AGED ABOUT 56 YEARS
OCC: HOUSEHOLD WORK
R/O NO.2/5, NEAR ABHI TENT HOUSE
ALURU, DASANAPURA HOBLI,
BENGALURU NORTH
BENGALURU RURAL DISTRICT - 562 162
...RESPONDENTS
(BY SRI. ASMA KOUSER, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
CRIMINAL PROCEEDINGS IN S.C.NO.5026/2023 PENDING ON THE
FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MADHUGIRI, TUMAKURU DISTRICT (CHARGE SHEETED FOR THE
OFFENCE P/U/S 306 R/W 34 OF IPC IN CR.NO.196/2021 OF
PAVAGADA POLICE STATION).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:26869
CRL.P No. 6343 of 2024
ORDER
The petitioners are before this court seeking the following prayer:
"It is therefore prayed that this Hon'ble High Court may be pleased to quash the criminal proceedings in S.C.No.5026/2023 pending on the file of IV Addl. District and Sessions Judge, Madhugiri, Tumkur District (charge sheeted for the offences punishable under Section 306 R/w 34 IPC in Crime No.196/2021 of Pavagad Police Station) in the interest of justice."
2. Learned Additional State Public Prosecutor on instructions and verification of records, would submit that the charges are already framed and the matter is set at evidence and the trial is at the stage of conclusion.
3. In that light, the entertainment of the petition under Section 482 of Cr.P.C., will run foul of the judgment of the Apex Court in the case of Minakshi Bala v. Sudhir Kumar1.
4. However, in the light of the advancing age of accused No.3, I deem it appropriate to direct the concerned 1 (1994) 4 SCC 142 -4- NC: 2024:KHC:26869 CRL.P No. 6343 of 2024 Court to conclude the proceedings, within an outer limit of six months, if not earlier, as the criminal case is of the year 2021.
5. With the aforesaid observations, the petition stands disposed.
Ordered accordingly.
Sd/-
JUDGE KG List No.: 1 Sl No.: 33