Karnataka High Court
Smt. Shridevi Mahadev Godachi vs The State Of Karnataka on 24 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103696 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.103696 OF 2023
BETWEEN:
SMT. SHRIDEVI MAHADEV GODACHI,
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O: GHATAPRABHA, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
...PETITIONER
(BY SRI. SAURABH A. SONDUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH GHATAPRABHA POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENDH, DHARWAD - 580 011.
2. ARJUN SHIVALING GANDAVVAGOL,
AGE: 42 YEARS, OCC: AGRICULTURE,
Digitally signed by
R/O: GHATAPRABHA, TQ: GOKAK,
MOHANKUMAR B
SHELAR DIST: BELAGAVI - 591 306.
Location: High
Court of
Karnataka,
Dharwad Bench,
Dharwad
3. MARUTI LAXMAN DODDAMANI,
AGE: 38 YEARS, OCC: DRIVER,
R/O: AT MALLAPUR PG, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
4. UDAY BASAVANNI GANDAVVAGOL,
AGE: 48 YEARS, OCC: LABOURER,
R/O: AT MALLAPUR PG, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
5. KRISHNA GURAPPA GANDAVVAGOL,
AGE: 50 YEARS, OCC: LABOURER,
R/O: AT MALLAPUR PG, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
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CRL.P No. 103696 of 2023
6. SUDEER CHANNAPPA JODATTI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: AT BASAVANAGAR DHUPADHAL,
TQ: GOKAK, DIST: BELAGAVI - 591 306.
7. RAGHU @ RAGHAVENDRA
BASAPPA CHINCHALI,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: AT MALLAPUR PG, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
8. LAXMI LOKESH HARIJAN @ MASTI,
AGE: 41 YEARS, OCC: HOUSE WIFE,
R/O: AT MALLAPUR PG, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
9. SAVAKKA @ SITA BHIMSHI
HARIJAN @ MADIGAR,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O: AT MALLAPUR PG,
TQ: GOKAK,
DIST: BELAGAVI - 591 306.
10. KAMALAVVA DUNDAPPA BHAJENTRI,
AGE: 75 YEARS, OCC: HOUSEWIFE,
R/O: AT MALLAPUR PG, T
Q: GOKAK,
DIST: BELAGAVI - 591 306.
11. SHOBHA PARASHURAM HARIJAN @ MALAGI,
AGE: 47 YEARS, OCC: HOUSEWIFE,
CURRENT R/O: AT MALLAPUR PG,
TQ: GOKAK,
DIST: BELAGAVI - 591 306.
12. SHALAVVA @ SHALINI SURESH
AIHOLE @ DODAMANI,
AGE: 71 YEARS, OCC: HOUSEWIFE,
R/O: AT GHATAPRABHA,
TQ: GOKAK,
DIST: BELAGAVI - 591 306.
13. GEETA SUBHASH DODAMANI,
AGE: 40 YEARS, OCC: HOUSEWIFE,
R/O: AT MALLAPUR PG, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
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14. MARAKANDESHWAR SHAKAR MAHIMAGOL,
AGE: 29 YEARS, OCC: LABOURER,
R/O: SHINDIKURABET, TQ: GOKAK,
DIST: BELAGAVI - 591 306.
...RESPONDENTS
(BY SRI. RAMESH B. CHIGARI, AGA FOR R1;
SRI. GIRISH M. PATIL, ADVOCATE FOR R2 - ABSENT;
SRI. K. ANANDKUMAR, ADVOCATE FOR R4 TO R7 - ABSENT;
SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR R8 TO R10.
R3, R11 TO R14 ARE SEVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO DIRECT RESPONDENT NO.1 TO CONDUCT FURTHER
INVESTIGATION IN GHATAPRABHA POLICE STATION CRIME
NO.237/2023 WHICH IS REGISTERED AS C.C. NO.8157/2023 ON
THE FILE OF I ADDL. JMFC, GOKAK, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 323, 354-B, 355, 342,
504, 506 R/W SECTION 149 OF IPC., BY RECEIVING THE
VIDEOGRAPHS FROM COMPLAINANT AND TO SUBMIT ADDITIONAL
CHARGE SHEET, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the complainant under Section 482 of the Code of Criminal Procedure seeking direction to respondent No.1 to conduct further investigation in Ghataprabha Police Station Crime No.237/2023 pending in C.C. No.8157/2023 on the file of the learned I Additional JMFC, Gokak, registered for the -4- NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 offences punishable under Sections 143, 147, 343, 354B, 355, 342, 504 and 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC', for short) by receiving the videograph from the complainant and to produce additional charge-sheet.
2. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for respondent No.1 and learned counsel for respondent Nos.8 to 10. Learned counsel for respondent No.2 is absent. In spite of service of notice, respondent Nos.3 and 11 to 14, have remained absent are unrepresented.
3. The petitioner has filed a complaint which has been registered in Crime No.237/2023 of Ghataprabha Police Station for the offences punishable under Sections, 143, 147, 323, 307, 342, 354B, 355, 504 and 149 of IPC wherein respondent Nos.2 to 14 are arrayed as accused persons. The Police, after investigation, filed charge-sheet against respondent Nos.2 to 14 for the offences under Sections 143, 147, 323, 354B, 355, 342, 504 and 506 -5- NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 read with Section 149 of IPC and dropped the offence under Section 307 of IPC.
4. The accusation against respondent Nos.2 to 14 in the complaint filed by the petitioner is that, the petitioner/complainant has enabled one Renuka Pangannavar to get hand loan of Rs.50,000/- and when she failed to return the said amount, the complainant has demanded it and at that time, the accused persons along with others have come to the complainant and threatened her stating that, no such money would be returned and she would have to pay the entire amount or leave the town as she belongs to lower caste. The complainant had tried to lodge a complaint but it was not accepted and later, the complainant has written a letter to the Superintendent of Police on 12.10.2023 complaining the fact that her complaint was not being received by the jurisdictional police. As the petitioner has filed such a complaint, the accused persons had come to the house of the petitioner on 13.10.2023 at 11:00pm and illegally -6- NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 entered upon the property of the petitioner and without there being any just cause, picked up quarrel with her and abused her for having complained against them and manhandled the complainant and tried to strangulate the petitioner with their hands. They have assaulted the petitioner and further went on to garland the petitioner with slipper and paraded her till Murtyunjay circle of Ghataprabha and have humiliated her. In the meantime, the police came to the spot and have taken the petitioner to the hospital and thereafter, the petitioner filed the complaint and it has been registered in Crime No.237/2023 in Ghataprabha Police Station for the aforesaid offences.
5. The police after investigation filed charge-sheet against respondent Nos.2 to 14 and the case is pending in C.C. No.8157/2023 on the file of the learned I Additional JMFC, Gokak for the offences under Sections 143, 147, 323, 354B, 355, 342, 504 and 506 read with Section 149 of IPC. The petitioner on coming to know that the offence -7- NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 under Section 307 IPC has been dropped, has filed the present petition seeking further investigation of the matter stating that, she came in possession of videograph of the incident which clearly show that the accused persons are abusing her in filthy language and threatening her to leave the town for the reason that she belongs to lower caste. The said videograph also includes the incident where she is being paraded with slipper garland. Therefore, the petitioner seeks further investigation by receiving the said videograph.
6. Learned counsel for the petitioner would contend that, even though the petitioner can approach the Magistrate seeking further investigation under Section 173(8) of the Cr.P.C., the petitioner can file a petition under Section 482 of Cr.P.C. before this Court seeking further investigation. On that point, learned counsel for the petitioner has placed reliance on the decision of the Hon'ble Apex Court in the case of Devendra Nath Singh v. -8-
NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 State of Bihar and others1. He furher submits that a CD containing the said videograph has been produced before this Court which depicts the videograph of the incident. As the respondents are powerful persons, the police have not properly conducted the investigation and not received the said videograph from the complainant. With this, he prayed to allow the petition.
7. Learned counsel for respondent Nos.8 to 10 would contend that the petitioner can approach the Maigstrate and make an application under Section 173(8) of Cr.P.C. seeking further investigation. With this, he prayed for dismissal of the petition.
8. Having heard learned counsel, this Court has perused the material placed on record.
9. Upon perusal of the charge-sheet, it indicates that the offence under Section 307 is dropped. It is the case of the petitioner that, the accused persons pressed 1 Decided on 12.10.2022 Crl Appeal No.1768/2022-SLP(Crl.) No.9609/2022 -9- NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 her neck and attempted to commit her murder which attracts offence under Section 307 of IPC. The petitioner is stated to have come in possession of the videograph depicting the incident. The petitioner is ready to handover the said videograph to the Police. Therefore, the petitioner is seeking further investigation in the matter by receiving the said videograph from the petitioner.
10. On perusal of the decision relied on by the learned counsel for the petitioner in the case of Devendra Nath Singh (supra), the Hon'ble Apex Court in para 13 has observed thus:
"13. For what has been noticed hereinbefore, we could reasonably cull out the principles for application to the present case as follows:
(a) The scheme of the Code of Criminal Procedure, 1973 is to ensure a fair trial and that would commence only after a fair and just investigation. The ultimate aim of every investigation and inquiry, whether by the police or by the Magistrate, is to ensure that the actual perpetrators of the crime are correctly booked and the innocents are not arraigned to stand trial.
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(b) The powers of the Magistrate to ensure proper investigation in terms of Section 156 CrPC have been recognised, which, in turn, include the power to order further investigation in terms of Section 173(8) CrPC after receiving the report of investigation. Whether further investigation should or should not be ordered is within the discretion of the Magistrate, which is to be exercised on the facts of each case and in accordance with law.
(c) Even when the basic power to direct further investigation in a case where a charge-sheet has been filed is with the Magistrate, and is to be exercised subject to the limitations of Section 173(8) CrPC, in an appropriate case, where the High Court feels that the investigation is not in the proper direction and to do complete justice where the facts of the case so demand, the inherent powers under Section 482 CrPC could be exercised to direct further investigation or even reinvestigation. The provisions of Section 173(8) CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, if the High Court is satisfied that such a course is necessary to secure the ends of justice."
11. The Apex Court has held that the inherent power under Section 482 of Cr.P.C could be exercised to direct further investigation or even reinvestigation. The provisions of Section 173(8) of Cr.P.C. do not limit or affect such powers of the High Court to pass an order
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NC: 2025:KHC-D:5410 CRL.P No. 103696 of 2023 under Section 482 of Cr.P.C. for further investigation or reinvestigation. Considering the fact that the petitioner is in possession of the videograph depicting the incident, it is necessary to direct the Investigating Officer to conduct further investigation in the matter and file additional report. Hence, the petitioner has made out a case for further investigation.
12. Accordingly, the petition is allowed. The Investigating Officer of Crime No.237/2023 of Ghataprabha Police Station is directed to conduct further investigation by giving an opportunity to the petitioner/complainant to produce the videograph which is in her possession and submit additional report.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC