- 1 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200963 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MADHUPANDE @ MADHU KUMARI W/O GOVIND PRASAD, AGE: 70 YEARS, OCC: RETIRED TEACHER NOW SOCIAL SERVICE, R/O. KUMBAR WADI, NALA ROAD, MANVI, DIST. RAICHUR-584123. …PETITIONER (BY SRI SHIVASHARAN REDDY, ADVOCATE, FOR SRI ZAKIR HUSSAIN USTAD, ADVOCATE) AND: 1. THE STATE, THROUGH MANVI P.S., RAICHUR-584123, (REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH). 2. THE CHIEF MINISTERIAL OFFICER, CIVIL JUDGE AND JMFC COURT MANVI. …RESPONDENTS (BY SMT. ANITA M. REDDY, HCGP, FOR R1; SRI KRUPA SAGAR PATIL, ADVOCATE, FOR R2) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD)/UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT AT MANVI IN CRIME NO.200/2023 AND C.C. NO.1278/2023 OF MANVI P.S., FOR OFFENCE PUNISHABLE UNDER SECTION 228 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard Sri Shivsharan Reddy, learned counsel for the petitioner-accused, Smt. Anita M. Reddy, learned High Court Government Pleader for the first respondent and Sri Krupa Sagar Patil, learned counsel for the second respondent-complainant. 2. This petition is filed under Section 482 of Cr.P.C., praying to quash the proceedings against the petitioner in C.C. No.1278/2023, pending on the file of the Civil Judge and JMFC Court, Manvi, (Crime No.200/2023 of - 3 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 Manvi Police Station) for the offence punishable under Section 228 of IPC. 3. Brief facts in nutshell for disposal of the present petition are as under: 3.1 A complaint came to be lodged by Sri Venkoba, who is the CMO of Manvi on 07.08.2023 with Manvi Police Station alleging the offence under Section 228 of IPC, which was registered in Crime No.200/2023 on 09.08.2023. 3.2 Gist of the complaint averments would go to show that petitioner with mala fide intention entered the Court Hall and in the witness box and under the chair of the learned Judge, presiding over the said Court, threw white mustard seeds, purportedly as an act of Black Magic. 3.3 The Bench-Clerk and other officials of the Court having seen the same reported the same to the learned Judge and later on learned Judge directed the CMO to file necessary complaint. - 4 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 3.4 Police after registering the complaint filed charge-sheet against the petitioner. 4. Sri Shivsharan Reddy, learned counsel for the petitioner submits that the there is no intention for the petitioner to commit such an act and she is aged 70 years. 5. He further contended that the petitioner had carried white mustard seeds for the purpose of some religious activity in her house which unnoticingly spilled over in few places in the Court hall, which has been blown out of proportion and sought for quashing the petition. 6. Alternatively, he sought for taking lenient view. An affidavit of the petitioner is filed contending that she being a Teacher was recognized as prominent literary personality in the State and she has no intention to commit any such offence as is alleged against her and therefore, she has tendered unconditional apology. 7. It is also contended in the affidavit that such things would not be repeated in future. - 5 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 8. The affidavit reads as under: “I, Madhupande @ Madhukumari W/o. Govind Prasad Pande, Age: 72 years, Occ: Retired Teacher and Social Service, R/o. Kumbar Oni, Nala Road, Tq: Manvi, District: Raichur, today at Kalaburagi, do hereby solemnly affirm state on oath as under; 1. I am the petitioner in the above case. I know the facts of the case. Hence, swearing this affidavit. 2. I state that, my late father being a Court Employee at Manvi Court, having retired as bailiff in the year 1977 with our house nearby to Court had regular visit to Manvi Court premises along with my father during my childhood, due to such affinity developed towards the Manvi Court, I even after being a Teacher and also being recognized as prominent literary personality in District with State and National Awards for my books and literature, I became part of District Judiciary Legal Awareness Program and also Accused Reformation. 3. I state that, on 07.08.2023 my sister who had a civil case in Senior Division at Manvi Court came to Manvi and called me to accompany her for her Court visit, that since there was a "Homa" at my brother's business premises previous day and he - 6 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 gave left over of mustard seeds which I carried in my handbag which was in damaged condition. 4. I state that, due to construction of new Court premises being inaugurated recently and I being accustomed with Court and its employees I took my sister inside Junior Division Court to refresh the old memories of childhood visit along with my father, that during such time in the morning hours while showing the JMFC Court premises few mustard seeds which I carried in my handbag with a minute hole spilled on the floor of the JMFC Court, Manvi which was unknown to me, nor any person informed about leakage of mustard seeds from my handbag in JMFC Court premises. 5. I state that, I never had any intention to harm any persons or to disturb the Court proceedings nor till day any harm causes to any person due to spill of white mustard seeds in Court premises which fallen accidently without my knowledge for which I seek sincere apology for causing any Interference in Court proceedings. 6. I state that, the spill of white mustard seeds accidently was unknown to me for about 8 months from the date of offence until charge sheet was filed and I summoned before Court, that on such summons I told the Hon'ble JMFC Court by - 7 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 identifying the seeds which have spilled in JMFC Court premises as white mustard seeds which I carried in my handbag from Homa function at my brother's house which had taken place on previous day and might have fallen accidently in the Court premises, but same was not considered, which lead to filing of this petition before this Hon'ble Court. 7. I state that, the said mistake of spilling white mustard seeds in Court premises is accidental without any intention for which I seek sincere apology from this Hon'ble Court with a undertaking such mistake will not be committed in future and seek forgiveness from this Hon'ble Court by praying to close the matter by accepting aforesaid facts and my apology, in the interest of justice.” 9. Placing the affidavit on record, after hearing Sri Krupasagar Patil, learned counsel, for the petitioner and learned High Court Government Pleader, this Court is of the considered opinion that the an isolated act of the petitioner can be condoned by exercising the power under Section 482 of Cr.P.C. - 8 - HC-KAR NC: 2025:KHC-K:3853 CRL.P No. 200963 of 2024 10. More so, the petitioner is aged 70 years and a known literary figure in and around Manvi Taluk. 11. Accordingly, the following: ORDER i) Placing the affidavit on record, the petition is allowed. ii) Pending criminal proceedings in C.C. No.1278/2023 on the file of the Court of the Civil Judge and JMFC, Manvi, stands quashed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 25 CT:PK