Karnataka High Court
Nagappa vs State on 27 January, 2026
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CRL.P No. 201447 of 2025
C/W CRL.P No. 201283 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 201447 OF 2025
(482(Cr.PC)/528(BNSS)
C/W
CRIMINAL PETITION NO. 201283 OF 2025
IN CRL.P No. 201447/2025
BETWEEN:
1. NAGAPPA S/O. SHIVAPUTRAPPA,
AGE 48 YEARS, OCC. AGRICULTURE,
R/O GANADINNI VILLAGE, TQ. SIRWAR,
DIST. RAICHUR-585136.
Digitally signed 2. MANOHARGOUDA S/O BASANGOUDA,
by AGE 62 YEARS, OCC. AGRICULTURE,
SHIVALEELA
DATTATRAYA R/O GANADINNI VILLAGE, TQ. SIRWAR,
UDAGI DIST. RAICHUR-585136.
Location:
HIGH COURT 3. DEVARAJ S/O. BAKANNAGOUDA,
OF AGE 46 YEARS, OCC. AGRICULTURE,
KARNATAKA
R/O GANADINNI VILLAGE, TQ. SIRWAR,
DIST. RAICHUR-585136.
4. SUKENDRA REDDY S/O. SHIVAPUTRAPPA,
AGE 58 YEARS, OCC. BUSINESS,
R/O C G 4, HRB LAYOUT, RAICHUR-584136.
...PETITIONERS
(BY SRI. BASAVARAJ M POLICE PATIL, ADVOCATE)
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CRL.P No. 201447 of 2025
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HC-KAR
AND:
1. STATE THROUGH SIRWAR PS,
DISTRICT RAICHUR,
REPRESENTED BY HGCP
2. AMEET REDDY S/O. NILAKANT REDDY,
AGE 22 YEARS, OCC. ENGINEER
(STUDENT AS PER FIR),
R/O GANADINNI VILLAGE, TQ. SIRWAR,
DIST. RAICHUR-585136.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.
528 OF BNSS (NEW), PRAYING TO QUASH THE FIR AGAINST
THE PETITIONER NO.1 TO 4 ARRAYED AS ACCUSED NO.1 TO 4
IN CRIME NO.97/2025 REGISTERED BY SIRWAR POLICE
STATION, DIST. RAICHUR PENDING BEFORE THE SENIOR
CIVIL JUDGE AND JMFC, MANVI, RAICHUR DISTRICT FOR THE
OFFENCES PUNISHABLE U/S.115(2), 133, 109, 352, 351(2),
3(5) OF BNS-2023, IN THE INTEREST OF JUSTICE.
IN CRL.P NO. 201283/2025
BETWEEN:
1. SOMANATHAREDDY
S/O. ADAPPAGOUDA
AGE 45 YEARS, OCC. LEGAL PRACTITIONER
R/O GANADINNI VILLAGE,
TQ. SIRWAR,
PRESENTLY RESIDING
AT HOUSE NO.6-2-139/156,
BRB COLLEGE ROAD,
BEHIND HANUMAN TEMPLE ROAD,
MANIK NAGAR, RAICHUR
DIST.RAICHUR - 584103.
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CRL.P No. 201447 of 2025
C/W CRL.P No. 201283 of 2025
HC-KAR
2. BRUNDA W/O. NEELKANTREDDY
AGE 50 YEARS,
OCC. HOUSEHOLD WORK,
R/O GANADINNI VILLAGE,
TQ. SIRWAR, DIST.RAICHUR - 584136.
...PETITIONERS
(BY SRI. SANJAY A PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SIRWAR POLICE STATION,
SIRWAR CIRCLE,
DIST RAICHUR - 584136.
R/BY ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH - 585107
2. SURESH M PATIL S/O. MANOHAR GOUDA,
AGE 40 YEARS, OCC. FARMER,
R/O GANADINNI VILLAGE, TQ.SIRWAR,
DIST.RAICHUR - 584136.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
SRI BASAVARAJ M. POLICE PATIL, ADV FOR R2)
THIS CRL.P IS FILED U/S. 482 OF CR.P.C (OLD) U/S
528 OF BNSS(NEW), PRAYING TO QUASH THE
REGISTRATION OF FIR AGAINST THE
PETITIONERS/ACCUSED NO.2 AND 4 RESPECTIVELY
REGISTERED IN CRIME NO.99/2025 BY THE 1ST
RESPONDENT POLICE/SIRWAR POLICE STATION, DIST,
RAICHUR, FOR THE OFFENCES PUNISHABLE U/SECS. 54,
115(2), 109, 352, 351(2), R/W 3(5) OF BNS-2023 AS PER
FIR (PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC MANVI, DISTRICT RAICHUR.
THESE PETITIONS COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 201447 of 2025
C/W CRL.P No. 201283 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
CRIMINAL PETITION NO.201447/2025:
This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR against the petitioners/accused Nos.1 to 4 in Crime No.97/2025 registered by Sirwar Police Station, for the offences punishable under Sections 115(2), 133, 109, 352, 351(2) r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 [for short, 'the BNS, 2023'], presently pending on the file of Senior Civil Judge and JMFC, Manvi, Raichur.
2. The factual matrix of the case is that, on 06.08.2025 at about 03:30 p.m., the petitioners/accused Nos.1 to 3 were constructing steps in front of Devi Gudi Temple on public pathway by making obstruction to use the same by the public. The same was objected by the father of respondent No.2. At that time, accused No.1 slapped the father of respondent No.2 and kicked on his -5- NC: 2026:KHC-K:619 CRL.P No. 201447 of 2025 C/W CRL.P No. 201283 of 2025 HC-KAR chest and assaulted him with knife. In the meanwhile, accused No.2 also assaulted on his back and head with an axe. Thereafter, accused No.3 assaulted him by stone. As such, father of respondent No.2 sustained bleeding injuries and was taken to Hospital. The petitioner No.4/accused No.4 is the abettor for the above said act of accused persons. Thereafter, the complaint was lodged by respondent No.2 against the petitioners which is registered on the next day i.e., on 07.08.2025 in Crime No.97/2025 for the aforementioned offences. Subsequently, on 08.08.2025, the son of petitioner No.2 lodged a complaint against respondent No.2, his father and his family members which registered in Crime No.99/2025 for the offences under punishable under Sections 54, 115(2), 109, 352, 351(2) r/w Section 3(5) of BNS 2023. Being aggrieved by the FIR and complaint, the petitioners/accused Nos.1 to 4 are before this Court seeking to quash the proceedings in Crime No.97/2025. -6-
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3. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent No.1-State. Though notice is served to respondent No.2, he remained absent.
4. Apart from urging several contentions, learned counsel for the petitioners primarily contented that, on perusal of the complaint averments, it clearly discloses that the dispute is civil in nature in respect of the obstruction of pathway and a false complaint has been lodged against the petitioners. According to him, no such incident has taken place and the son of petitioner No.2 lodged a complaint against respondent No.2 and others which was registered in Crime No.99/2025. In such circumstance, according to him, in order to give a criminal colour to the civil dispute, a false complaint was lodged and as such, the proceedings against the petitioners is nothing but an abuse of process of Court. Accordingly, he prays to allow the petition.
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5. Per contra, the learned High Court Government Pleader opposed the petition on the ground that the investigation is under progress and charge sheet is not yet filed and at this stage, the petition is premature. Accordingly, he prays to dismiss the petition.
6. I have given my anxious consideration both on the submissions made by the learned counsel for the respective parties and the documents available on record.
7. As could be gathered from records, though the incident was caused in front of Devi Gudi Temple on public pathway of Ganadinni Village, the complaint averments disclose that petitioner Nos.1 to 4 assaulted the father of respondent No.2 and he sustained injuries. The High Court Government Pleader placed reliance on the wound certificate, which reveals that the father of respondent No.2 sustained injuries on his head and other parts of his body and admitted in Hospital as an inpatient for two days.
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8. No doubt, a counter complaint has been lodged by the son of petitioner No.2 on the next day of the complaint lodged by this respondent No.2 and the same was registered in Crime No.99/2025. However, the genuineness of the complaint averments in this case and the counter case has to be verified and investigated by the Investigating Officer during the course of trial. At this stage, the entire matter is only at a pre-mature stage and the investigation has not proceeded with, except some preliminary effort taken on the date of registration of the case. The evidence has to be gathered after a thorough investigation and placed before the Court on the basis of which alone, the Court can come to a conclusion one way or the other on the plea of malafides. If the allegations are bereft of truth and made malicious, the investigation will reveal the same. At this stage, when there are only allegations and recriminations but no evidence, this Court cannot anticipate the result of the investigation and render a finding on the question of malafides on the materials at -9- NC: 2026:KHC-K:619 CRL.P No. 201447 of 2025 C/W CRL.P No. 201283 of 2025 HC-KAR present available. Therefore, it cannot be said that the complaint should be thrown overboard on the mere unsubstantiated plea of malafides. Even assuming that the complaint has filed on account of personal animosity, that by itself will not be a ground to discard the complaint containing serious allegations which have to be tested and weighed after the evidence is collected as held in the case of State of Haryana and Others vs. Bajan Lal and Others reported in 1992 SCC (Crl.) 426.
9. In the case on hand, prima facie, the complaint discloses cognizable offences made out against the petitioners, as such, at this stage, FIR cannot be quashed.
10. Accordingly, petition lacks merit and same is dismissed.
IN CRIMINAL PETITION NO.201283/2025:
11. This criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the FIR against the petitioners/accused Nos.2 and 4 in Crime
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12. The factual matrix of the case is that, it is alleged in the complaint dated 08.08.2025, on 06.08.2025 when the father of respondent No.2 was constructing steps in front of Devi Gudi Temple on public pathway by making obstruction to use the same by public. At that time, accused No.1 assaulted the father of respondent No.2 and threatened him with dire consequences. Accused No.2 also instigated accused Nos.1, 3 and 4 to commit the offences. Accordingly, the complaint was lodged by respondent No.2 on 08.08.2025 in Crime No.99/2025 for the aforesaid offences. Being aggrieved by the FIR and complaint, the petitioners/accused Nos.2 and 4 are before this Court seeking to quash the proceedings in Crime No.99/2025.
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13. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and learned counsel for respondent No.2
14. Apart from urging several contentions, learned counsel for the petitioners primarily contented that, this case has been registered as a counter blast for the complaint lodged by accused No.3, which was registered in Crime No.97/2025 dated 07.08.2025 against the father of respondent No.2 and others for the offences punishable under Sections 115(2), 133, 109, 352, 351(2) r/w Section 3(5) of BNS, 2023. According to the learned counsel, the petitioners have assaulted the father of respondent No.2. Due to the same, he sustained injuries. In such circumstances, he prays to allow the petition.
15. Per contra, learned counsel for respondent No.2 opposed the petition on the ground that the investigation is under progress and charge sheet is not yet filed and at this stage, the petition is premature. Accordingly, he prays to dismiss the petition.
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16. Learned High Court Government Pleader opposed the petition and prays to dismiss the same.
17. I have given my anxious consideration both on the submissions made by the learned counsel for the respective parties and the documents available on record.
18. As could be gathered from records, initially a complaint came to be registered by one Amitreddy i.e., accused No.3 in this case against father of respondent No.2 and three others and the same was registered in Crime No.97/2025 dated 07.08.2025. On the next day, this complaint has been lodged by respondent No.2 (son of accused No.2 in Crime No.97/2025). No doubt, it is a case and counter case against the petitioners and complainant in respect of constructing steps in front of Devi Gudi Temple on public pathway. Though, the first case appears to be civil in nature, on perusal of the complaint averments and other materials placed by the learned High Court Government Pleader, there are prima facie materials forthcoming against the petitioners, since the complainant
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NC: 2026:KHC-K:619 CRL.P No. 201447 of 2025 C/W CRL.P No. 201283 of 2025 HC-KAR in Crime No.97/2025 and the father of respondent No.2 in Crime No.99/2025 sustained bleeding injuries and the investigation is still under progress.
19. In the case on hand, prima facie, the complaint discloses cognizable offences made out against the petitioners, as such, at this stage, FIR cannot be quashed. Accordingly, petition lacks merit and same is dismissed.
Sd/-
(RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 44