Karnataka High Court
Basappa S/O Malakaji Mutnal vs Shashikant S/O Laxman Akkennavar on 18 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102964 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102964 OF 2024
BETWEEN:
1. BASAPPA S/O. MALAKAJI MUTNAL,
AGE: 56 YEARS, OCC: AGRIL,
R/O: ITNAL VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
2. SMT. MAHADEVI W/O BASAPPA MUTNAL
AGE: 45 YEARS,
OCC: AGRIL (WIFE OF PETITIONER-1),
R/O: ITNAL VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
3. SMT. PARAVVA W/O. MALAKAJI MUTNAL,
AGE: 72 YEARS, OCC: HOUSE WIFE,
R/O: ITNAL VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
4. MAHADEV
S/O. MALAKAJI MUTNAL,
Digitally signed by
MOHANKUMAR B
SHELAR
AGE: 56 YEARS, OCC: AGRIL,
Location: High
Court of Karnataka,
R/O: ITNAL VILLAGE, TQ: RAIBAG,
Dharwad Bench,
Dharwad DIST: BELAGAVI - 591 235.
5. SMT. SUHIKLA
W/O. MAHADEV MUTNAL,
AGE: 42 YEARS (WIFE OF PETITIONER -4)
OCC: AGRIL,
R/O: ITNAL VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
6. IRAPPA S/O. MAHADEV MUTNAL,
AGE: 25 YEARS, OCC: AGRIL,
R/O: ITNAL VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
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CRL.P No. 102964 of 2024
7. SHRISHAIL MUTNAL,
AGE: 29 YEARS, OCC: AGRIL,
R/O: ITNAL VILLAGE, TQ: RAIBAG,
DIST: BELAGAVI - 591 235.
...PETITIONERS
(BY SRI RAGHAVENDRA A. PUROHIT, ADVOCATE)
AND:
1. SHASHIKANT
S/O. LAXMAN AKKENNAVAR,
AGE: 36 YEARS, OCC: AGRIL,
R/O: KHANADAL VILLAGE,
TQ: RAIBAG,
DIST: BELAGAVI - 591 317.
2. THE STATE OF KARNATAKA,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD,
THROUGH HARUGERI P.S/CIRCLE.
...RESPONDENTS
(BY SRI RAMESH B. CHIGARI, AGA FOR R2;
NOTICE TO R1 IS SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023,
SEEKING TO QUASH THE PROCEEDINGS IN SPL.CASE NO.321/2024
FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 143,
147, 323, 504, 506, READ WITH SECTION 149 OF IPC AND UNDER
SECTIONS 3(1)(r), 3(1)(s), 3(2)(va) OF SC AND ST (PREVENTION OF
ATROCITIES) AMENDMENT ACT 2015, ON THE FILE OF 3RD ADDL.
DISTRICT AND SESSIONS COURT, BELGAVI, VIDE ANNEXURE-D,
ARISING OUT OF CRIME NO.12/2024 HARUGERI P.S. INSOFAR AS
PETITIONERS/ACCUSED NO.1 TO 7 HEREIN CONCERNED AS NULL
AND VOID. ISSUE ANY OTHER ORDER AS THIS HON'BLE COURT MAY
DEEMS FIT IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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CRL.P No. 102964 of 2024
ORAL ORDER
This petition is filed by petitioners -accused Nos.1 to 7 under Section 482 of Cr.P.C praying to quash the proceedings in Spl.C.No.321/2024 registered for offences punishable under Sections 143, 147, 323, 504, 506 read with Section 149 of Indian Penal Code (hereinafter referred to as "IPC" for brevity) and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 (hereinafter referred to as "SC and ST" for brevity).
2. Respondent No.2 has filed a complaint against petitioners and same came to be registered in Harugeri Police Station in Crime No.12/2024 for offences Punishable under Sections 143, 147, 148, 447, 324, 307, 504, 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC and ST Act. The Police after investigation have filed charge sheet against petitioners for offences punishable under Sections 143, 147, 323, 504, 506 read with Section 149 of IPC and Sections -4- NC: 2025:KHC-D:4953 CRL.P No. 102964 of 2024 3(1)(r), 3(1)(s) and 3(2)(va) of the SC and ST Act. Based on the said charge sheet, a case came to be registered against petitioners in SPl.C.No.321/2024 and it is pending on the file of the III Additional District and Sessions Judge, Belagavi. Petitioners have sought quashing of the proceedings of the said Spl.Case No.321/2024 in this petition.
3. Heard learned counsel for petitioners and learned AGA for respondent No.2. Inspite of service of notice, respondent No.1 remained absent and unrepresented.
4. Learned counsel for petitioners -accused Nos.1 to 7 would contend that the incident has taken place on 01.12.2023 and the complaint has been filed on 18.01.2024. There is delay of 01 month and 18 days in filing the complaint. There is suit pending between parties with regard to property bearing Sy.No.78/2a of Khanadal Village. He submits that due to said suit, a false complaint has been registered against petitioners. The incident is -5- NC: 2025:KHC-D:4953 CRL.P No. 102964 of 2024 taken place in the land and not in the public place. Therefore, offences punishable under Section 3 of the SC and ST Act are not attracted. He further submits that injuries sustained by respondent No.2 are simple injuries. On these grounds he prays to allow the petition and quash the proceedings against petitioners.
5. Learned AGA for respondent No.2 would contend that C.W.1 is injured and C.W.4 to 8 are eye witnesses to the incident. The incident is occurred adjacent to the public road and it is viewed by C.W.4 to 8 who are eye witnesses to the incident. C.W.1 has sustained simple injuries and would certificate indicate the same. Considering the said aspects, there are no grounds for quashing the proceedings. With these, he prays for dismissal of the petition.
6. Having heard learned counsels, this Court has perused the charge sheet and other materials placed on record.
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7. The accusation against petitioners as narrated in Cl.No.17 of the charge sheet is that on 01.12.2023 at about 9.30 a.m. when accused persons were cutting sugar cane, at that time respondent No.2 -complainant went there and objected for cutting sugar cane. At that time, accused persons abused him by taking his caste name, in filthy words and assaulted him on his face and body with hands and caused simple injuries. Statements of C.W.4 to 8 who are eye witnesses to the incident will support the said aspect which is stated in Cl.No.17 of the charge sheet. The wound certificate indicates that C.W.1 who is respondent No.2 herein has sustained simple injuries. The incident has taken place in the agricultural land and on seeing sketch of the scene of the offence, it is adjacent to the road and it has been witnessed by C.W.4 to 8. Therefore, it cannot be said at this stage that it is not in public view. Merely because civil dispute is pending, it cannot be said that a false complaint is filed. Considering all these aspects, petitioners are not made out any grounds for quashing the proceedings. -7-
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8. In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 28