Karnataka High Court
Yallappa S/O. Nagappa Sanadi vs The State Of Karnataka on 27 November, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:13931
CRL.P No. 103565 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR
AMARANNAVAR
CRIMINAL PETITION NO. 103565 OF 2022
BETWEEN:
1. YALLAPPA S/O. NAGAPPA SANADI
AGE. 51 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
2. SHIDDAPPA S/O. NAGAPPA SANADI
AGE. 58 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
3. LAXMAN S/O. NAGAPPA SANADI
AGE. 61 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
4. SANTOSH S/O. SHIDDAPPA SANADI
Digitally signed
by
AGE. 30 YEARS, OCC. AGRICULTURE,
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.06
R/O. GUDANATTI-591224,
13:28:57 +0530
TQ. GOKAK, DIST. BELAGAVI.
5. SHOBHA W/O. NAGAPPA SANADI
AGE. 46 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
6. BALAVVA W/O. SATTEPPA SANADI
AGE. 44 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
7. LAXMAN S/O. FAKIRAPPA YARJARAVI
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NC: 2023:KHC-D:13931
CRL.P No. 103565 of 2022
AGE. 34 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
8. SATTEPPA S/O. NAGAPPA SANADI
AGE. 55 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
9. RAJAPPA S/O. NAGAPPA SANADI
AGE. 28 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
10. LAXMAN S/O. SHIDDAPPA SANADI
AGE. 30 YEARS, OCC. AGRICULTURE,
R/O. GUDANATTI-591224,
TQ. GOKAK, DIST. BELAGAVI.
...PETITIONERS
(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
R/BY POLICE INSPECTOR,
GOKAK RURAL POLICE STATION, GOKAK,
THROUGH SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SMT. IRAVVA
W/O. FAKIRAPPA BIRADAR
AGE- 49 YEARS, OCC-HOUSEHOLD WORK,
R/O. GUDANAHATTI-CANAL,
NEAR GADAGADI LAKE,
TQ-GOKAK, DIST.BELAGAVI.
...RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR RESPONDENT No.1
Sri. PRASHANT MATHAPATI, ADV. FOR RESONDENT NO.2.)
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NC: 2023:KHC-D:13931
CRL.P No. 103565 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS IN GOKAK RURAL P.S.
CRIME NO.241/2015 AND FURTHER PROCEEDINGS IN CC CASE
NO.2210/2016 ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE
AND JMFC, GOKAK, FOR THE OFFENCES PUNISHABLE U/S 143,
147, 354, 323, 504, 506 AND 109 R/W SECTION 149 OF IPC
AS AGAINST THE PETITIONERS/ACCUSED NO.1 TO 10.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused Nos.1 to 10 praying to quash the proceedings in CC No.2210/2016 (Gokak Rural Police Station Crime No.241/2015) pending on the file of the learned II Additional Civil Judge and JMFC, Gokak, registered for the offences punishable under Sections 143, 147, 354, 323, 504, 506 and 109 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC', for short).
2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent No.1-State.
3. Respondent No.2 has filed a complaint and on that basis, a case came to be registered against these petitioners in Crime No.241/2015 of Gokak Rural Police -4- NC: 2023:KHC-D:13931 CRL.P No. 103565 of 2022 Station for offences punishable under Sections 143, 147, 354, 323, 504, 506 and 109 read with Section 149 of IPC. The police after completing investigation filed a charge sheet against these petitioners and another (accused No.11) for offences under sections 143, 147, 354, 323, 504, 506 and 109 read with Section 149 of IPC. On the basis of the said charge sheet, a case came to be registered against these petitioners in CC No.2210/2016 and it is pending on the file of the learned II Additional Civil Judge and JMFC, Gokak. The petitioners have sought for quashing of the proceedings in the said criminal case.
4. The learned counsel appearing for the petitioners would contend that, this Court has quashed the proceedings against accused No.11. He further contended that the charge sheet material does not attract the offences alleged against these petitioners. On perusal of the averments of the complaint, CWs.4 and 5 cannot be termed as eyewitnesses. The complainant has not sustained injury as per her further statement. With this he prayed to allow the petition.
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NC: 2023:KHC-D:13931 CRL.P No. 103565 of 2022
5. Per contra, the learned Government Pleader would contend that, CWs.5 and 6 are eyewitnesses to the incident. On perusal of their statements, they have specifically stated the overt acts of these petitioners assaulting by outraging the modesty of the complainant and threatening to take her life. On perusal of the charge sheet records, there are no grounds made out to quash the proceedings. With this, he prayed to reject the petition.
6. Having heard the learned counsel for the parties, the Court has perused the charge sheet records.
7. Respondent No.2 has filed a complaint on 25.08.2015. In the said complaint, it is stated that on 25.08.2015 at about 7:40 pm, accused No.10, when she was collecting firewood, started abusing her in filthy words, at that time, accused No.1 kicked her and accused No.3 tried to gag her mouth and accused No.2 was abusing her and accused No.3 tried to put his hand on her body, accused No.5 abused her in filthy words and threatened to finish -6- NC: 2023:KHC-D:13931 CRL.P No. 103565 of 2022 her. At that time, accused Nos.5 and 6 pulled her saree and accused No.7 told that he will rape and kill her. Accused No.8 pulled her hairs and accused No.9 told her that her relative was troubling them and therefore, to take revenge, they are doing that and they will kill her. At that time, accused Nos.5 and 6 stated that they would kill her. The complainant in her further statement has stated that she has not sustained any injury and she has not gone to the hospital. The said averments in the complaint reveal that at the time of the incident, CWs.5 and 6 came on motorcycle and thereafter her husband came there. On perusal of the statements of the eyewitnesses-CWs.5 and 6 reveal that they have seen the alleged incident and they have stated the overt acts of the petitioners. At this stage, only on perusal of the complaint, it cannot be said that CWs.5 and 6 had not seen the alleged incident, as they came on bike.
8. Upon perusal of the entire charge sheet material, there are material against these petitioners for the offences alleged against them and there are no grounds made out for quashing the proceedings.
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NC: 2023:KHC-D:13931 CRL.P No. 103565 of 2022 Accordingly, the petition is dismissed. As a consequence, I.A.1/2022 stands disposed as it does not survive for consideration.
Sd/-
JUDGE kmv