Karnataka High Court
Pavan Karaning Aliyas Kuraning vs The State Of Karnataka on 4 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2187
CRL.P No. 100100 of 2023
C/W CRL.P No. 101162 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 100100 OF 2023 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 101162 OF 2023
IN CRL.P. NO.100100 OF 2023:
BETWEEN:
1. PAVAN KARANING @ KURANING
AGE. 31 YEARS, OCC. RFO.,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
2. MALLIKARJUN PATIL @ LAXMAN PATIL
AGE. 31 YEARS, OCC. BEAT FORESTER TERDAL,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
3. S. G. OTAKODI @ ONTAGUDI
AGE. 31 YEARS, OCC. BEAT FORESTER SIDDAPUR,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
Digitally signed by B
K
MAHENDRAKUMAR 4. P. S. PATIL
Location: HIGH
COURT OF
KARNATAKA
AGE. 48 YEARS, OCC. DEPUTY RFO
DHARWAD BENCH
Date: 2025.02.13
12:09:51 +0530
SIDDAPUR SECTION,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 58301.
5. ASHWINI NAVI @ MANMI
AGE. 28 YEARS, OCC. DEPUTY RFO
JAMKHANDI SECTION,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 58301.
6. MAVEER @ MAHAVEER ALAGUR
AGE. 31 YEARS, OCC. BEAT FORESTOR
BHANAHATTI, R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
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CRL.P No. 100100 of 2023
C/W CRL.P No. 101162 of 2023
7. SIDDU @ SIDDAROODHA KULLALI
AGE. 33 YEARS, OCC. BEAT FORESTOR
JAMKHANDI, R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
8. MALLU @ MALLAPPA NAVI
AGE. 38 YEARS, OCC. DEPUTY RFO
BANAHATTI SECTION,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
9. IRANNA BADIGER
AGE. 34 YEARS, OCC. DRIVER DAILY WAGES,
R/O. FOREST OFFICE JAMKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT - 587301.
...PETITIONERS
(BY SRI. GANGADHAR S.HOSAKERI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BANAHATTI POLICE STATION,
BAGALKOT, REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD - 580011.
2. REKHA W/O. MAHADEV GANJAGOL
AGE. 35 YEARS, OCC. LABOURER,
R/O. JAGADAL VILLAGE,
TQ. RABAKAVI - BANAHATTI,
DIST. BAGALKOT - 58311.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. ANAND L.SANDIMANI AND SRI. SANTOSH B.RAWOOT,
ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON
THE FILE OF THE ADDL. DISTRICT AND SESSION JUDGE
BAGALKOT, IN BANAHATTI PS CRIME CC NO. 08/2023 FOR THE
OFFENCE PUNISHABLE U/S 143,147,448,323,354,354(B), 504,506,
149 OF IPC AND SC AND ST (PREVENTION OF ATROCITIES) ACT
1989, U/S 3(1)(r), 3(1)(s),3(1)(w) , 3(2)(v-a). SO FAR AS THE
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CRL.P No. 100100 of 2023
C/W CRL.P No. 101162 of 2023
PETITIONER ARE CONCERNED WHO HAS BEEN ARRAYED AS
ACCUSED NO. 1 TO 9.
IN CRL.P. NO.101162 OF 2023:
BETWEEN:
1. MUTTAPPA S/O. RAMCHANDRA GANJAGOL
AGE. 42 YEARS, OCC. COOLIE,
R/O. JAGADAL, TQ. RABAKAVI,
BANHATTI, DIST. BAGALKOT-587311.
2. MAHADEVA S/O. RAMCHANDRA GANJAGOL
AGE. 48 YEARS, OCC. COOLIE,
R/O JAGADAL, TQ. RABAKAVI,
BANHATTI, DIST. BAGALKOT-587311.
3. RAJU S/O. SANGAVVA HADIMANI
AGE. 35 YEARS, OCC. COOLIE,
R/O. JAGADAL, TQ. RABAKAVI,
BANHATTI, DIST. BAGALKOT-587311.
4. SRIKANT GIDDANNAVAR S/O. SOMANING
AGE. 34 YEARS, OCC. COOLIE,
R/O JAGADAL, TQ. RABAKAVI,
BANHATTI, DIST. BAGALKOT-587311.
...PETITIONERS
(BY SRI. SANTOSH.B.RAWOOT, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BANHATTI POLICE STATION,
REPRESENTED BY,
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD-11.
2. SHRI. PAVAN S/O. LAKAPPA KURANING
AGE. 31 YEARS, OCC. RFO,
R/O. FOREST OFFICE, JAMAKHANDI,
TQ. JAMKHANDI, DIST. BAGALKOT-587301.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, AGA FOR R1;
SRI. GANGADHAR S.HOSAKERI, ADV. FOR R2)
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CRL.P No. 100100 of 2023
C/W CRL.P No. 101162 of 2023
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C
SEEKING TO, CALL FOR THE RELEVANT RECORDS AND ALLOW
THIS CRIMINAL PETITION BY QUASHING THE REGISTRATION OF
THE BANHATTI P.S. CRIME NO. 06/2023 ON 06.01.2023 FIR THE
ALLEGED OFFENCES PUNISHABLE U/SEC. 353, 324, 504, 506, 34
OF IPC ON THE FILE OF JMFC COURT BANAHATTI, BAGALKOT
DISTRICT, AGAINST THE ACCUSED NO. 1 TO 4/ PETITIONER NO. 1
TO 4 HAS PRESENTED THIS CRIMINAL PETITION THEREBY
REGISTERING THE CASE AGAINST THE PETITIONER/ACCUSED
AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS
PENDING THERON.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
These petitions arise out of a case and counter-case. They are, therefore, taken up together, heard, and disposed of by this common order.
In Crl.P. No. 100100/2023:
2. The petitioners challenge the registration of the FIR for offences punishable under Sections 143, 147, 448, 323, 354, 354(B), 504, 506, and 149 of the Indian Penal Code (IPC) and Sections 3(1)(s), 3(1)(w), and 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. -5-
NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023
3. Respondent No.2 lodged an FIR, alleging that the petitioners, who are officers of the Forest Department, criminally trespassed into the sawmill belonging to her husband, abused, assaulted, and outraged the modesty of the women present at the time of the incident.
In Crl.P. No. 101161/2023:
4. The petitioners challenge the registration of the FIR for offences punishable under Sections 353, 324, 504, 506, and 34 of the IPC.
5. Respondent No.2, a Range Forest Officer, lodged the FIR, stating that while he, along with his staff, was taking action to stop an illegally operated sawmill running without authorization, the petitioners willfully restrained them from discharging their official duties, abused, assaulted, and threatened them with dire consequences.
6. Heard the learned counsel for both parties.
7. The Range Forest Officer and his staff, after obtaining permission under Section 155(2) of the Cr.P.C., entered the sawmill belonging to the husband of Respondent No.2 in Crl.P. No. -6- NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 100100/2023. While inspecting the sawmill, a quarrel ensued, and as a result of the scuffle, minor injuries were sustained by the accused and other parties.
8. The incident was not premeditated but occurred spontaneously. The allegations in the FIR stem from the alleged unauthorized operation of the sawmill without a valid license or permit. Whether the petitioners in Crl.P. No. 101161/2023 possessed a valid license to operate the sawmill is a matter that requires adjudication by the competent authority. Under such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law.
Accordingly, I pass the following:
ORDER
i) The Criminal Petitions are allowed.
ii) The impugned FIR in Crime No.8/2023 registered by the Banahatti Police Station, Bagalakot District, insofar it relates to the petitioners in Crl.P.No.100100/2023 is hereby quashed.
iii) The impugned FIR in Crime No.6/2023 registered by the Banahatti Police Station, Bagalakot District, insofar -7- NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 it relates to the petitioners in Crl.P.No.101162/2023 is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HR Ct:VH List No.: 1 Sl No.: 53