Karnataka High Court
Bhimashi Laxmanarao Jarkiholi vs The State Of Karnataka on 15 March, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.101314/2016
BETWEEN:
1. BHIMASHI LAXMANARAO JARKIHOLI
AGE: 48 YEARS, OCC: PRESIDENT,
MAHASHAKTI JAVALI KARMIK SANGH,
GOKAK FALLAS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI
2. CHANDRASHEKAR MAHADEV NAIK
AGE: 45 YEARS,OCC: SERVICE,
R/O: GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
3. ASHOK SIDDAPPA WALAD
AGE: 45 YEARS, OCC: SERVICE,
R/O: TOKEN NO.B2MBST-2,
H.NO.136/8, GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
4. DASTAGIR ABDUL SUTAR
AGE: 50 YEARS, OCC: SERVICE,
VN R/O: TOKEN NO.AISBGT-116,
BADIGER
Digitally signed by V
N BADIGER
H.NO.157/6, GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
Location: DHARWAD
Date: 2022.03.23
12:08:41 +0530
5. GANGARAM MALLAPPA NAIK
AGE: 52 YEARS, OCC: SERVICE,
R/O: TOKEN NO.AISPGT-120,
H.NO.95/15 (RCC)
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
6. MAHADEV NAGAPPA OBI
AGE: 48 YEARS, OCC: SERVICE,
R/O: TOKEN NO.B2SPGT-120,
H.NO.159/5, GOKAK FALLS, GOKAK,
-2-
TQ: GOKAK, DIST: BELAGAVI.
7. BASHIRAHEMAD CHANDSAB YALLUR
AGE: 40 YEARS, OCC: SERVICE,
R/O: TOKEN NO.A1MMCT-107,
MANIKWADI, GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
8. GURUPAD LAXMAN MADANNAVAR
AGE: 45 YEARS, OCC: SERVICE,
R/O: TOKEN NO.CTW T-82, H.NO.160/8
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
9. BALAPPA PARASAPPA JANGANAVAR
AGE: 53 YEARS, OCC: SERVICE,
R/O: TOKEN NO.B2WT132,
H.NO.96/3 (RCC) GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
10. VIJAY BABU SHENDRE
AGE: 48 YEARS, OCC: SERVICE,
R/O: TOKEN NO.A12T-21, DHUPDAL
GOKAK FALLS, GOKAK,TQ: GOKAK,
DIST: BELAGAVI.
11. SUNIL MANING GADDIHOLI
AGE: 32 YEARS, OCC: SERVICE,
R/O: TOKEN NO. A2MSKB-171,
WALMIKI NAGAR,
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
12. PARMANAND SATTEPPA KAMBALE
AGE: 30 YEARS, OCC: SERVICE,
R/O: TOKEN NO.A7MSKB-6,
H.NO.89 (RCC)
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
13. SANTRAM KEMPANNA TALAWAR
AGE: 42 YEARS, OCC: SERVICE,
R/O: TOKEN NO.A1SPGT-23,
WALMIKI NAGAR, GOKAK FALLS,
GOKAK, TQ: GOKAK, DIST: BELAGAVI.
-3-
14. SHIVAGOUDA PATIL
AGE: 32 YEARS, OCC: SERVICE,
R/O: TOKEN NO.G2MSKB 18,
H.NO.14/PL, GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
15. YUNUS BABU GILAGINCHI
AGE: 32 YEARS, OCC: SERVICE,
R/O: TOKEN NO.GTMBSP-8,
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
16. CHANDRU NAGAPPA OBI
AGE: 52 YEARS,
OCC: SERVICE,
R/O: TOKEN NO.B2MPS-T-15,
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
17. MARUTI APPAYYA MUKALGOL
AGE: 45 YEARS, OCC: SERVICE,
R/O: TOKEN NO.AEGKK-T-59
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
18. SHRIDHAR DURAGPPA YALLAYYAGOL
AGE: 40 YEARS, OCC: SERVICE,
R/O: TOKEN NO.EWS, T-83,
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
19. RIYAZAHAMED MADARSAB MULLA
AGE: 47 YEARS, OCC: SERVICE,
R/O: TOKEN NO.G4WT-1,
GOKAK FALLS, GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
...PETITIONERS
(BY SRI. SRINAND A PACHHAPURE.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY GOKAK TOWN POLICE STATION,
-4-
NOW REPRESENTED BY SPP,
HIGH COURT OF KARANATAKA,
DHARWAD, BENCH AT DHARWAD.
2. BASAGOUDA PATIL
MAJOR, OCC: PSI,
GOKAK TOWN P.S., GOKAK,
TQ: GOKAK, DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, HCGP FOR R1,
R2- NOTICE SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS IN CRIMINAL CASE NO. 1146 OF 2016 ON THE
FILE OF PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, GOKAK REGISTERED FOR THE OFFENCE
PUNISHABLE UNDER SECTION FOR 143 AND 147 READ WITH
SECTION 149 OF IPC AND 34 AND 107 OF KARNATAKA POLICE
ACT, 1963 ORDER SHEET MARKED AT ANNEXURE-A IN SO FAR AS
PETITIONERS ARE CONCERNED.
ORDER
The first information report was lodged against the petitioners alleging that when the prohibitory order under Section 144 of Cr.P.C., was in force, the petitioners-accused formed an unlawful assembly and protested against the management. The police registered the first information report for the offence punishable under sections 143, 147 read with section 149 of IPC and section 34 and 107 of the -5- Karnataka Police Act, 1963. The police, after investigation, filed charge sheet against the petitioners-accused for the alleged offences. The learned Magistrate after receipt of the charge sheet, took cognizance of the offences alleged against the petitioners. Taking exception to the same, this petition is filed.
2. Learned counsel for petitioners submits that in the absence of an order passed under section 144 of Cr.P.C., the filing of the charge sheet against the petitioners is without any substance .
3. On other hand, learned HCGP appearing for the respondent-state would submit that the petitioners having formed an unlawful assembly when the prohibitory order under section 144 of Cr.P.C. was in force, the filing of the charge sheet is perfectly legal and same does not warrant any interference.
4. The allegations in the charge sheet is that the petitioners when prohibitory order under section 144 of Cr.P.C. was in force, formed an unlawful assembly so as to -6- protest against the management constituting offences alleged against them.
5. A perusal of the charge sheet papers disclose that there was no prohibitory order passed under section 144 of Cr.P.C. was in force, as on the date of the incident. In the absence of an order of prohibition under section 144 of Cr.P.C., the filing of the charge sheet against the petitioners- accused for the offences alleged against them is without any substance. Accordingly, I proceed to pass the following:
ORDER The criminal petition is allowed.
In the result, the impugned proceedings in C.C.No. 1146/2016 pending on the file of the Principal Civil Judge and JMFC, Gokak is hereby quashed.
In view of disposal of the matter, pending interlocutory applications, if any, do not survive for consideration and are dismissed accordingly.
Sd/-
JUDGE yan