- 1 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200755 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SUDHEER S/O SAKRAPPA LAMANI, AGE: 43 YEARS, OCC:COOLIE, R/O GEDDALAMARI L.T., PRESENTLY AT MARUTI NAGAR, MUDDEBIHAL, DIST.VIJAYAPURA -586101 …PETITIONER (BY SRI ANANTH S. JAHAGIRDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, MUDDEBIHAL POLICE STATION, DISTRICT VIJAYAPURA-586101, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH – 585107. 2. SHARADA LAMANI W/O SANTOSH, AGE: 49 YEARS, OCC: HOUSEWIFE, R/O GEDDALAMARI L.T., TQ.MUDDEBIHAL, NOW AT SIDDAPUR, TQ.KUNDAPUR, UDUPI – 576229. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE CHARGE SHEET DATED 10.06.2024 FILED BY 1ST RESPONDENT POLICE/ MUDDEBHAL POLICE STATION FOR THE OFFENCES PUNISHABLE U/SECS. 323, 354, 109, 504, 506, R/W 34 OF IPC AS AGAINST THE PETITIONER, AND CONSEQUENTIALLY QUASH THE ENTIRE PROCEEDINGS, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MUDDEBIHAL, DISTRICT VIJAYAPURA IN C.C.NO.157/2024 ON ITS FILE, AS AGAINST PETITIONER/ACCUSED NO.2 IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Ananth S. Jahagirdar, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader, who accepts notice for respondent No.1. The Court did not find necessity to issue notice to respondent No.2 for the reasons to be recorded infra. - 3 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 2. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) with the following prayer: “WHEREFORE, it is most respectfully prayed that, this Hon’ble Court be pleased to; a) Quash the charge sheet dated 10.06.2024 filed by 1st respondent Police/Muddebhal Police Station for the offences punishable u/Secs. 323, 354, 109, 504, 506, R/w 34 of IPC as against petitioner, and consequentially quash the entire proceedings, pending on the file of Senior Civil Judge and JMFC, Muddebihal, District Vijayapura in C.C.No.157/2024 on its file, as against petitioner/Accused No.2 is concerned. b) Pass any other suitable order or direction as deem fit by this Hon'ble Court under the facts and circumstances of the case, in the interest of justice and equity.” 3. Facts in brief which are utmost necessary for disposal of the present petition are as under: - 4 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 Sharada Lamani lodged a complaint with Muddebihal Police Station on 10.04.2024, which was registered in Crime No.82/2024 for the offences punishable under Sections 323, 325, 354, 109, 504, 506 read with Section 34 of Indian Penal Code. 4. Gist of the complaint averments would reveal that : 4.1. On 04.04.2024, in the morning hours, the accused persons had abused the complainant party in filthy language. As they were participating in the funeral ceremony, they did not reply to the accused and came back, but on the same day at about 01-30 p.m., when the complainant party were in their house, accused No.1 again came near the house of the complainant and started pelting the stones on the windows and doors. When pelting of the stones did not stop, the complainant party came out and questioned him as to why he behaving in an unruly manner. - 5 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 4.2. Being enraged by such a query, accused No.1 all of a sudden attacked the complainant and husband of the complainant tried to pacify the quarrel and tried to rescue the complainant. 4.3. At that juncture, accused No.1 held shirt of the husband of the complainant and pushed him down the ground and kicked him. Accused No.2 Sudheer and accused No.3 Mahadevi joined accused No.1 in not only abusing the complainant party but also physically assaulting the husband of the complainant. 4.4. When the complainant party raised hue and cry for the help, the neighbours came there and pacified the quarrel. While so going away from the place of the incident, accused party gave life threat. 5. The police having registered the case, thoroughly investigated the matter and filed the chargesheet. Accused No.2 has filed the present petition stating that on the day of the incident, he was not at all - 6 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 present in the ‘Thanda’ itself and therefore he joining accused Nos.1 and 3 in the quarrel and abusing the complainant party and kicking the husband of the complainant would not arise at all and therefore, continuation of the criminal proceedings as against accused No.2 is nothing but an abuse of process of law and sought for allowing the petition. 6. Per contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader would contend that plea of alibi cannot be decided by this Court at this stage and therefore, sought for dismissal of the appeal. 7. Having heard the arguments on both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is noticed that there is a specific allegation against the present petitioner also in the very same complaint itself. 8. Further, the statement of the chargesheet witnesses including the persons, who pacified the quarrel - 7 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 have taken out the name of the present petitioner, who participated in the incident. 9. As rightly contended on behalf of the prosecution that the plea of alibi cannot be decided by this Court by holding a mini trial that too in the proceedings under Section 482 of Cr.P.C. 10. Accordingly, reserving the accused No.2, who is petitioner to canvass his plea before the Trial Court, this Court is of the considered opinion that the matter does not require for further consideration. 11. Hence, the following: ORDER (a) The Criminal Petition is dismissed. (b) It is made clear that all the available defences are kept open for the petitioner to urge it in the pending trial uninfluenced by the dismissal of the present petition. (c) Further, the Trial Court is directed to dispose of the case as expeditiously as possible. - 8 - HC-KAR NC: 2025:KHC-K:3296 CRL.P No. 200755 of 2025 In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 12 CT:PK