Karnataka High Court
Chandan T J vs The State Of Karnataka on 25 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:3308
CRL.P No. 13121 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 13121 OF 2024
BETWEEN:
CHANDAN T J,
S/O JAYACHANDREGOWDA,
AGED ABOUT 25 YEARS,
R/O THIRUMALAHALLY VILLAGE,
MADIHALLY HOBLI, BELUR TALUK,
HASSAN DISTRICT, PIN-573 216.
...PETITIONER
(BY SRI SUYOG HERELE .E, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH HALEBEEDU,
POLICE STATION, HASSAN DISTRICT,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BANGALORE-560 001.
2. SMT. SHOBHARANI,
Digitally signed W/O SHIVAKUMARA,
by LEELAVATHI
SR AGED ABOUT 29 YEARS,
Location: High R/O THIRUMALAHALLY VILLAGE,
Court of MADIHALLY HOBLI, BELUR TALUK,
Karnataka HASSAN DISTRICT, PIN-573 216.
...RESPONDENTS
(BY SRI VINAY MAHADEVIAH, HCGP FOR R-1)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO SET
ASIDE THE ORDER DATED 10.07.2024 PASSED BY THE LEARNED II
ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN IN SC.NO.108/2023
SO FAR AS FRAMING CHARGE NO.4 IS CONCERNED, FOR THE ALLEGED
OFFENCES P/U/S 302 R/W 34 OF IPC, AGAINST THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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CRL.P No. 13121 of 2024
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following
reliefs:
“Set aside the order dated 10.07.2024
passed by the learned II Additional District and
Sessions Judge at Hassan in S.C.No.108/2023
insofar as framing charge no.4 is concerned
for the alleged offences punishable under
Sections 302 r/w 34 IPC against the petitioner
in the ends of justice.”
2. Heard learned counsel for the petitioner, learned
High Court Government Pleader for the respondent-State
and perused the material on record.
3. After arguing the matter for sometime, the
learned counsel for petitioner submits that the petitioner is
arraigned as accused no.1 in S.C.No.108/2023, which is
posted before the learned Sessions Judge on 27.01.2025.
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CRL.P No. 13121 of 2024
4. It is submitted that the petitioner shall make an
application under Section 216 Cr.P.C., on 27.01.2025
seeking alteration / modification / amendment of the
charge already framed and before proceeding further, the
trial court may be directed to dispose off the said
application in accordance with law.
5. The submission is placed on record.
6. The petition stands disposed of reserving liberty
to the petitioner to file an application under Section
216 Cr.P.C., before the learned Sessions Court in
S.C.No.108/2023 on 27.01.2025.
7. In the event if the petitioner files such an
application, the trial court shall defer all further
proceedings including recording of evidence and the Trial
Court in the first instance consider and pass appropriate
orders on the said application to be filed by the petitioner
and dispose off the same by passing appropriate orders, in
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CRL.P No. 13121 of 2024
accordance with law and thereafter, proceed further in the
matter.
8. Subject to the aforesaid directions and liberty
reserved in favour of the petitioner petition stands
disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
NP
List No.: 1 Sl No.: 13
