Karnataka High Court
Rangappa S/O Gangappa Badiger vs The State Of Karnataka on 19 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3372
CRL.P No. 104037 of 2022
C/W CRL.P No. 100544 of 2025
CRL.P No. 100614 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.104037 OF 2022 (482(Cr.PC)/528(BNSS))
C/W CRIMINAL PETITION NO.100544 OF 2025
CRIMINAL PETITION NO.100614 OF 2025
IN CRL.P. NO.104037 OF 2022:
BETWEEN:
1. PRUTHVI
D/O. YALLAPPA KARASANNAVAR
AGE. 22 YEARS, OCC. STUDENT,
R/O. # 129, PRASHANT NAGAR,
BEHIND MCL FACTORY,
OLD HUBBALLI,
DIST. DHARWAD-580024.
2. VINAYA
D/O. MALLIKARJUN KOTE
AGE. 23 YEARS, OCC. STUDENT,
R/O. # 129, PRASHANT NAGAR,
BEHIND MCL FACTORY,
OLD HUBBALLI,
DIST. DHARWAD-580024.
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH 3. KARUNA
COURT OF
KARNATAKA D/O. MALLIKARJUN KOTE
DHARWAD BENCH
Date: 2025.02.25
18:00:34 +0530
AGE. 25 YEARS, OCC. STUDENT,
R/O. # 129, PRASHANT NAGAR,
BEHIND MCL FACTORY, OLD HUBBALLI,
DIST. DHARWAD-580024.
...PETITIONERS
(BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE STATION,
HUBBALLI, R/BY
STATE PUBLIC PROSECUTOR,
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NC: 2025:KHC-D:3372
CRL.P No. 104037 of 2022
C/W CRL.P No. 100544 of 2025
CRL.P No. 100614 of 2025
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
2. RANGAPPA
S/O. GANGAPPA BADIGER
AGE. 61 YEARS, OCC. RETIRED,
R/O. 134, PRASHANT NAGAR,
OLD HUBBALLI580024,
DIST. DHARWAD.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SMT. ALPHIA SHIRALLI, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.PC., SEEKING TO, ALLOW THIS PETITION AND QUASH THE
PROCEEDINGS OF THE CASE BEARING CC NO. 5798/2022 (OLD
HUBLI P.S. CRIME NO. 24/2022) PENDING ON THE FILES OF IV ADDL.
CIVIL JUDGE AND JMFC COURT, HUBBALLI FOR THE OFFENCES
PUNISHABLE UNDER SECTION 143, 147, 148, 323, 324, 504, 506 R/W
SECTION 149 OF IPC AGAINST THE PETITIONERS/ ACCUSED NO. 8,
18 AND 19.
IN CRL.P. NO.100544 OF 2025:
BETWEEN:
1. RANGAPPA
S/O. GANGAPPA BADIGER
AGE. 64 YEARS, OCC. RETIRED
(EX-SERVICEMAN),
R/O. H.NO.131, PRASHANT NAGAR,
OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580024.
2. SMT. GEETA
W/O. RANGAPPA BADIGER
AGE. 58 YEARS, OCC. HOUSEWIFE,
R/O. H NO.131, PRASHANT NAGAR,
OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580024.
3. PRAMOD
S/O. RANGAPPA BADIGER
AGE. 26 YEARS,
OCC. SOFTWARE ENGINEER,
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CRL.P No. 104037 of 2022
C/W CRL.P No. 100544 of 2025
CRL.P No. 100614 of 2025
R/O. H.NO.131, PRASHANT NAGAR,
OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580024.
4. PRASANKUMAR
S/O. RANGAPPA BADIGER
AGE. 31 YEARS,
OCC. SOFTWARE ENGINEER,
R/O. H.NO.131, PRASHANT NAGAR,
OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580024.
...PETITIONERS
(BY SRI. K.M.SHIRALLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY OLD HUBBALLI POLICE, HUBBALLI,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD.
2. SMT. KAMALA
W/O. BASAVARAJ KARASANNAVAR
AGE. 68 YEARS, OCC. HOUSEWIFE,
R/O. H.NO.130, PRASHANT NAGAR,
OLD HUBBALLI, TQ. HUBBALLI,
DIST. DHARWAD-580024.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA)
THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S.
528 OF BNSS, 2023) SEEKING TO QUASH THE COMPLAINT AND FIR
VIDE ANNEXURE A AND B WHICH IS REGISTERED AGAINST THE IN
OLD HUBBALLI POLICE STATION CRIME NO. 25/2022 DATED
24.02.2022 AGAINST THESE PETITIONERS/A1 TO A4 FOR THE
OFFENCES P/U/SEC. 323, 355, 504, 506 R/W 34 OF IPC, AND U/SEC
3(1)(r), 3(1)(s) OF SC/ST ACT. AND QUASH THE ENTIRE CHARGE
SHEET AND PROCEEDINGS IN SPL. SC/ST NO. 22/2022 PENDING ON
THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JDUGE,
DHARWAD AND SPECIAL COURT OF TRIAL OF THE OFFENCES
UNDER POCSO ACT AND SC/ST (POA) ACT REGISTERED FOR THE
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CRL.P No. 104037 of 2022
C/W CRL.P No. 100544 of 2025
CRL.P No. 100614 of 2025
OFFENCES P/U/SEC. 323, 355, 504, 506 R/W 34 OF IPC, AND U/SEC.
3(i)(s)(r), 3(2)(va) OF SC/ST ACT.
IN CRL.P. NO.100614 OF 2025:
BETWEEN:
1. SATISH
S/O. BASAVARAJ KARASANNAVAR
AGE. 39 YEARS, OCC. AUTO DRIVER,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
2. SUBHASCHANDR
S/O. BASAVARAJ KARASANNAVAR,
AGE. 41 YEARS, OCC. PRIVATE WORK,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
3. RAJU URF YALLAPPA
S/O. BASAVARAJ KARASANNAVAR,
AGE. 46 YEARS, OCC. AUTO DRIVER,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
4. KAMALA W/O. BASAVARAJ KARASANNAVAR
AGE. 64 YEARS, OCC. HOMEMAKER,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
5. KAVITA W/O. YALLAPPA KARASANNAVAR
AGE. 40 YEARS, OCC. PRIVATE WORK,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
6. SANGEETA W/O. SUBHASCHADRA KARASANNAVAR
AGE 36 YEARS, OCC. HOMEMAKER,
R/O. PRASHANT NAGAR,
PRIYADARSHI COLONY, OLD HUBBALLI,
HUBBALLI-580024.
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CRL.P No. 104037 of 2022
C/W CRL.P No. 100544 of 2025
CRL.P No. 100614 of 2025
7. USHA W/O. SATISH KARASANNAVAR
AGE. 33 YEARS, OCC. HOMEMAKER,
R/O. PRASHANT NAGAR, PRIYADARSHI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
8. VAIJANATH S/O. BASANNA PAWALE
AGE. 59 YEARS, OCC. PRIVATE EMPLOYEE,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
9. BASAVARAJ S/O. VAIJANATH PAWALE
AGE. 32 YEARS, OCC. PRIVATE EMPLOYEE,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
10. DEEPALI W/O. BASAVARAJ PAWALE
AGE. 25 YEARS, OCC. HOMEMAKER,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
11. PRAVEEN S/O. KRISHNAJI JADHAV
AGE. 48 YEARS, OCC. PRIVATE EMPLOYEE,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
12. LALITA W/O. PRAVEEN JADHAV
AGE 42 YEARS, OCC. PRIVATE WORK,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
13. SULOCHANNA W/O. KRISHNAJI JADHAV
AGE. 48 YEARS, OCC. PRIVATE EMPLOYEE,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
14. MALLIKARJUN URF MALASHETTY
S/O. VITTALRAO KOTE,
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CRL.P No. 100614 of 2025
AGE. 57 YEARS, OCC. BUSINESS,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
15. JYOTI URF JYOTSNA TUKARAM GIRI
W/O. MALASHETTY KOTE,
AGE. 49 YEARS, OCC. TEACHER,
R/O. PRASHANT NAGAR,
PRIYADARSHINI COLONY,
OLD HUBBALLI, HUBBALLI-580024.
...PETITIONERS
(BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH OLD HUBBALLI POLICE STATION,
HUBBALLI, R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
2. RANGAPPA S/O. GANGAPPA BADIGER
AGE. 61 YEARS, OCC. RETIRED,
R/O. #134, PRASHANT NAGAR,
OLD HUBBALLI-580024, DIST. DHARWAD.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), SEEKING TO ALLOW THIS PETITION AND QUASH THE
PROCEEDINGS OF THE CASE BEARING C.C. NO.5798/2022 (OLD
HUBLI P.S CRIME NO.24/2022) PENDING ON THE FILES OF THE IV
ADDL. CIVIL JUDGE AND JMFC COURT, HUBBALLI FOR THE
OFFENCES P/U/S 143, 147, 148, 323, 324, 504, 506 R/W SECTION 149
OF IPC AGAINST THE PETITIONERS/ACCUSED NOS. 1 TO 7, 9 AND
11 TO 17.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
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NC: 2025:KHC-D:3372
CRL.P No. 104037 of 2022
C/W CRL.P No. 100544 of 2025
CRL.P No. 100614 of 2025
ORAL ORDER
1. These three criminal petitions arise out of a case and a counter-case. Hence, they are taken up together, heard, and disposed of by this common order.
2. The petitioners/accused in Crl.P. No. 104037/2022 and the petitioners/accused in Crl.P. No. 100614/2025 (both arising out of C.C. No. 5798/2022, pending before the IV Additional Civil Judge and JMFC, Hubballi) have been charge-sheeted for offences punishable under Sections 143, 147, 148, 323, 324, 504, and 506 read with Section 149 of the Indian Penal Code, 1860. The prosecution alleges that on 23.02.2022, at about 7:30 p.m., the complainant had called workers to install a tin roof on his house. At that time, the accused, forming an unlawful assembly, came to the spot, abused, and assaulted the complainant.
3. The petitioners/accused Nos. 1 to 4 in Crl.P. No. 100544/2025 (arising out of Spl. SC/ST No. 22/2022, pending before the II Additional District and Sessions Judge, Dharwad) have been charge-sheeted for offences punishable under Sections 323, 35, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleges that on 24.02.2022, the accused, fully aware that the complainant belongs to the SC/ST community, abused her with reference to her caste, assaulted her, and threatened her with dire consequences since the complainant's husband had given evidence -8- NC: 2025:KHC-D:3372 CRL.P No. 104037 of 2022 C/W CRL.P No. 100544 of 2025 CRL.P No. 100614 of 2025 against the petitioners. Petitioner No.2, Geeta, was convicted in Spl. SC/ST Case No. 41/2013.
4. Heard the learned counsel for the parties.
5. Admittedly, the petitioners in these three petitions are neighbors, and there is a dispute related to the evidence given by one Basavaraj Karasannavar, the husband of the complainant in Crl.P. No. 100544/2025, against petitioner No.2, Geeta, which resulted in her conviction. The alleged incidents arose in connection with this dispute, where, in the heat of the moment, the parties abused each other, leading to a scuffle in which minor injuries were sustained.
6. A perusal of the charge sheet indicates that the allegations against each other are general and omnibus, with no specific overt act attributed to any individual accused. In the absence of such specific allegations, no charge can be framed against the petitioners to proceed with the trial for the offences alleged. Under these circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. Moreover, proceeding with the trial would only escalate hostility between the parties. In order to bring a quietus to the dispute, it is appropriate to quash the impugned proceedings.
Hence, I pass the following:
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i) Crl. P. No.104037/2022 and Crl.P. No.100614/2025 are allowed. The impugned proceedings in C.C. No.5798/2022 pending on the file of the IV Additional Civil Judge and JMFC, Hubballi, as against the petitioners/accused in aforesaid two petitions is hereby quashed.
ii) Crl. P. No.100544/2025 is allowed. The impugned proceedings in Spl. SC/ST No.22/2022 pending on the file of the II Additional District and Sessions Judge, Dharwad, as against the petitioners/accused herein, is hereby quashed.
Pending I.As., if any, do not survive for consideration and are disposed off accordingly.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 65