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CRL.P No. 1639 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1639 OF 2025 (482(Cr.PC) /
528(BNSS))
BETWEEN:
DR. SHIVAMURTHY MURUGHA SHARANARU
S/O. LATE GURUMURTHAIAH,
AGED ABOUT 64 YEARS.
PEETADHYAKSHARU,
SJM MUTT,
CHITRADURGA KARNATAKA -577502.
…PETITIONER
(BY SRI K. B. K. SWAMY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY CHITRADURGA RURAL POLICE STATION,
CHITRADURGA -577502,
Digitally signed
by VISHAL
NINGAPPA
REPRESENTED BY
PATTIHAL
Location: High STATE PUBLIC PROSECUTOR
Court of
Karnataka,
Dharwad Bench
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. CHANDRAKUMAR C.
S/O NOT KNOWN,
AGED ABOUT MAJOR,
LEGAL AND PROBATION OFFICER
DISTRICT CHILD PROTECTION UNIT
#CA-15-17, ANJANADRI MAIN ROAD,
4TH STAGE, 2ND BLOCK,
VIJAYANAGARA, MYSURU -560032.
…RESPONDENTS
(BY SRI JAGADEESHA B. N., ADDL. SPP)
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CRL.P No. 1639 of 2025
THIS CRIMINAL PETITION IS FILED U/S. 482 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 IS PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE
ORDER DATED 29.01.2025 VIDE ANNEXURE-C PASSED BY THE
HON’BLE SPECIAL II ADDL. DISTRICT AND SESSIONS JUDGE,
AT CHITRADURGA IN SPL.C.(POCSO) NO.182/2022 (CRIME
NO.387/2022) REGISTERED BY CHITRADURGA RURAL POLICE,
CHITRADURGA AND CONSEQUENTLY ALLOW THE APPLICATION
VIDE ANNEXURE-E FILED U/S.91 OF THE CODE OF CRIMINAL
PROCEDURE, 1973, AND PASS SUCH OTHER ORDER WHICH
DEEMS FIT IN THE ENDS OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
1. The petitioner is before this Court calling in
question an order dated 29.01.2025, by which the
concerned Court rejects the application filed by the
petitioner under Section 91 of the Cr.P.C.
2. Heard the learned counsel Sri.K. B. K. Swamy
appearing for the petitioner and the learned Addl.SPP
Sri.Jagadeesha B. N. representing the respondent-State.
3. The petitioner files an application before the
concerned Court invoking Section 91 of the Cr.P.C. seeking
certain documents from the Cotton Pet police station. The
documents sought are as follows:
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CRL.P No. 1639 of 2025
“Wherefore, the Accused No:1/Applicant herein
respectfully prays that this Hon'ble court may be pleased
to summon the below mentioned documents to meet
the ends of justice.
i. Station House Dairy Commencing from
24-07-2022 to 28-07-2022 of Cotton pet
Police station, Bengaluru City.
ii. Duty Roaster maintained at Cotton pet
Police Station, Bengaluru for the month of
July 2022.
iii. Note Book of Patrolling Police Constable
Mr. Dhananjaya & Prakash ASI of Cotton
Pet Police Station, Bengaluru City, for the
period commencing from 24-07-2022 to
28-07-2022 of Cw-8 and 9 of additional
charge sheet.
iv. Hoysala Patrolling Vehicle No: 86 & 81's
Log Book & Digital entries in respect of its
movement & information received from
control room pertaining to 24-07-2022 &
25-07-2022
v. Statement of Account pertaining to the
Phone pay number 9740409574 &
8971668163 & 6360294927.
vi. Email dated 26-08-2022, sent by Odanadi
Mysuru to CWC, Mysuru”
4. The application comes to be rejected, the
rejection of which has given driven the petitioner to this
Court in the subject petition.
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5. The learned Addl. SPP submits that the
objection of the prosecution was that he could have
secured them by filing an application Under the Right to
Information Act, 2005. The objection is taken note of by
the concerned Court and the application comes to be
rejected. The rejection of which is on the face of it illegal
as that is not the purport of Section 91 of the Cr.P.C. that
an accused should be driven for securing documents under
the Right to Information Act when an application is filed
under Section 91 of Cr.P.C.
6. In that light, the petition deserves to succeed
with the prayer that is sought before the concerned Court
to be granted.
7. For the aforesaid reasons, the following:
ORDER
i. Petition is allowed.
ii. The impugned order dated 29.01.2025 vide
Annexure-C passed by the II Addl.District and Sessions
Judge, Chitradurga stands quashed.
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CRL.P No. 1639 of 2025
iii. The application filed by the petitioner under
Section 91 of the Cr.P.C. is allowed.
iv. The prosecution shall place on record the
documents that are sought by the petitioner at the
appropriate stage in the trial.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
KGK/CT-GTB
List No.: 19 Sl No.: 40
