Karnataka High Court
Venkanna S/O Yamanappa Vasanad vs The State Of Karnataka on 11 September, 2025
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2025:KHC-D:11885
CRL.P No. 100259 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.100259 OF 2024
BETWEEN:
1. VENKANNA S/O YAMANAPPA VASANAD
AGE : 62 YEARS, OCC. RETIRED HEAD MASTER
NOOTAN VIDYALAY, KHAJJIDONI
R/O KHAJJIDONI-587204
TQ: BAGALKOT
DIST: BAGALKOTE
2. MAHANTESH
S/O BASAPPA BALAREDDY
AGE 59 YEARS,
OCC: HEAD MASTER
GOVT. HIGH SCHOOL, BEVINAMATTI
R/O CHITTARAGI-587112
TQ: HUNAGUND, DIST. BAGALKOTE
Digitally 3. BABAMOULANA
signed by S/O HUSENSAB NADAF
MALATESH AGE: 58 YEARS,
KC
OCC: HEAD MASTER
Location: GOVT. HIGH SCHOOL, KERAKALAMATTI
HIGH
COURT OF R/O VIJAYAPUR
KARNATAKA NEAR HIBRAHIM ROJA
TQ. VIJAYAPUR
DIST: VIJAYAPUR
NOW R/O H.NO.22, POLICE NO.31,
12TH CROSS, VIDYAGIRI
BAGALKOT-587102
TQ.DIST. BAGALKOTE
...PETITIONERS
(BY SRI PRASHANT S. KADADEVAR, ADVOCATE)
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NC: 2025:KHC-D:11885
CRL.P No. 100259 of 2024
HC-KAR
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT DHARWAD BENCH
DHARWAD
(CIRCLE POLICE INSPECTOR)
NAVANAGAR CIRCLE, BAGALKOTE)
2. DODDABASAPPA
S/O BHIMAPPA NEERALKERI
AGE: 58 YEARS,
OCCN: BLOCK EDUCATION OFFICER
BAGALKOTE-587101
DIST. BAGALKOTE
...RESPONDENTS
(BY SRI PRAVEENA YALLAREDDI, HCGP FOR R1;
R2 -SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CODE OF CRIMINAL PROCEDURE, 1973 SEEKING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C NO.121/2023 (CRIME
NO.0067/2019 NAVANAGAR P.S.) PENDING ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BAGALKOTE FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 175, 176,
420 R/W SECTION 149 OF IPC AND SECTIONS 118 AND 120 OF
THE EDUCATION ACT IN SO FAR AS THE PETITIONERS-
ACCUSED NOS.2 TO 4.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA
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NC: 2025:KHC-D:11885
CRL.P No. 100259 of 2024
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Prashant S Kadadevar, learned counsel for the petitioners and Sri Praveen Devareddiyavar, learned High Court Government Pleader.
2. Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, with the following prayer:
"WHEREFORE, the petitioners most humbly pray that this Hon'ble Court may kindly be pleased to quash the entire proceedings in C.C.No.121/2023 (Crime No.0067/ 2019) Navanagar Police Station, pending on the file of the Principal Senior Civil Judge and CJM, Bagalkot, for the offences punishable under Sec. 143, 147, 175, 176, 420 r/w Sec. 149 of IPC and Section 118 and 120 of the Education Act insofar as the petitioners herein i.e., accused no.2 to 4, in the interest of justice."
3. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under:
4. A complaint came to be lodged by the Government official- Doddabasappa Neeralkere, S/o Bhimappa, with Navanagara Police Station, Bagalkote District, which was registered in Crime -4- NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024 HC-KAR No.67/2009 under the provisions of Sections 118 and 120 of the Karnataka Education Act,1983 and Section 420 of the Indian Penal Code.
5. Gist of the complaint averments would reveal that the present petitioners being the school teachers, along with other officials were deputed for examination duty in Anjuman High School, Navanagar. At that juncture, 48 students were taking up the examination and petitioners/accused persons in pursuance of the criminal conspiracy, indulged in malpractice.
6. After registration of the crime, Investigation Officer conducted detailed investigation and filed charge sheet against the petitioners under Sections 143, 147, 175, 176, 420 r/w 149 of the Indian Penal Code and Sections 118 and 120 of the Karnataka Education Act, 1983. Column 17 of the charge sheet would reveal the involvement of present petitioners also based on statement obtained from witnesses.
7. Prima facie materials are collected so as to proceed with the case insofar as present petitioners also. -5-
NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024 HC-KAR
8. Charge sheet materials also prama facie depict that petitioners being the persons who are responsible for proper conduct of the examination have failed in their duty. Therefore, investigation agency has invoked Section 149 of the Indian Penal Code, whereby, petitioners were also treated as part of the unlawful assembly in achieving unlawful object.
9. Taking note of these aspects of the matter, applying the principles of law, this Court is of the considered opinion that the grounds raised in the petition are hardly sufficient to quash the charge sheet.
10. However, if the petitioners are able to point out that they are not guilty of the offences alleged against them from the charge sheet materials following the principles of law enunciated by the Hon'ble Apex Court in the case of State of Orissa vs. Debendra Nath Padhi reported in (2005)1 SCC 568, petitioners may approach the Trial Court with application seeking discharge.
11. If any such application is filed by the petitioners, learned Trial Judge shall dispose of the same in accordance with law, -6- NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024 HC-KAR uninfluenced by the fact that the present petition is dismissed by this Court.
12. With that observation, following:
ORDER Petition is dismissed.
Sd/-
(V.SRISHANANDA) JUDGE kcm List No.: 19 Sl No.: 6