- 1 - HC-KAR NC: 2025:KHC-K:3721 CRL.P No. 201310 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 201310 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AMRUTH S/O TIMOTHY BHURI, AGE:68 YEARS, OCC: PENSIONER (SHIRESTEDAR), NOW AT R/O. H NO. 8-8-110, LIG 17, KHB HUDCO COLONY, BIDAR-585401. 2. SUBHASH S/O BHIMSENRAO PODADAR, AGE:74 YEARS, OCC: PENSIONER (RETD. VILLAGE ACCOUNTANT), NOW AT R/O. 17-1-540 SHASTRI NAGAR, MAILOOR ROAD, BIDAR-585403. …PETITIONERS (BY SRI. SACHIN M. MAHAJAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY DHANNURA POLICE STATION, TQ. BHALKI, DIST. BIDAR-585328, BY ITS SHO, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3721 CRL.P No. 201310 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C (OLD) PRAYING TO QUASH THE CHARGE SHEET IN C.C NO.223/2021 (OLD CC NO.580/2019, OLD CC NO.120/2012) PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC AT BHALKI, ARISING OUT OF CRIME NO.173/2010 OF DHANNURA POLICE STATION, TALUKA BHALKI, DISTRICT BIDAR, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 465, 468, 471, 420 OF IPC AND SECTION 192-A OF THE KARNATAKA LAND REVENUE ACT, 1964. 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) Heard Sri. Sachin M. Mahajan, learned counsel appearing for the petitioner and Sri. Shahabuddin Jamadar, learned High Court Government Pleader for the respondent- State. 2. This petition is filed under Section 482 of Cr.P.C., with the following prayer: “Wherefore, the petitioners most respectfully pray that, this Hon’ble Court may be pleased to call for records and quash the charge sheet in CC No.223/2021 (old CC No.580/2019, Old CC No.120/2012), pending on the file of the learned Civil Judge and JMFC at Bhalki, arising out of Crime No.173/2010 of Dhannura - 3 - HC-KAR NC: 2025:KHC-K:3721 CRL.P No. 201310 of 2024 Police Station, Taluka Bhalki, District Bidar, for the alleged offences punishable under Sections 465, 468, 471, 420 of IPC and Sectin 192-A of the Karnataka Land Revenue Act, 1964, in the interest of justice.” 3. The present petitioners are accused Nos.2 and 3 in respect of the charge-sheet filed by the respondent-Police which is now pending in C.C.No.580/2019 (Old C.C.No.120/2012) and currently it is renumbered as C.C.No.223/2021 on the file of Civil Judge and JMFC Court, Bhalki. 4. At the outset, Sri. Sachin Mahajan, learned counsel would file a copy of the order passed by the co- ordinate Bench of this Court in Criminal Petition No.200413/2023 dated 29.05.2023, wherein the co-ordinate Bench of this Court in respect of accused Nos.5 and 8 quashed the pending criminal proceedings. 5. Sri. Sachin Mahajan, learned counsel would contend that, the present petitioners also stand on the same footing that of accused Nos.5 and 8 in Criminal Petition - 4 - HC-KAR NC: 2025:KHC-K:3721 CRL.P No. 201310 of 2024 No.200413/2023 and therefore, similar relief are also to be granted to the present petitioners. 6. It is also contended on behalf of the petitioners that, the departmental enquiry conducted by the enquiry officer is ended in favour of the petitioners and based on such report, the then Regional Commissioner has recommended to drop the pending criminal proceedings and despite the same, the police have filed charge-sheet and proceeding with the case as against the present petitioners which has resulted in abuse of process of law and sought for allowing the petition. 7. Per contra, Sri. Shahabuddin Jamadar, learned counsel would contend that, merely on the ground that the departmental enquiry ended in favour of the petitioners would not ipso facto terminate the criminal proceedings and the principles of law enunciated in Ashoo Surendaranath Tiwari Vs. Deputy Superintendent of Police, EOW, CBI and another, reported in (2020) 9 SCC 636, is not properly applied in Criminal Petition No.200413/2023 on - 5 - HC-KAR NC: 2025:KHC-K:3721 CRL.P No. 201310 of 2024 which reliance is placed by the petitioners, and sought for dismissal of the petition. 8. Having heard the arguments from both sides, this Court perused the materials on record meticulously. 9. On such perusal of the material on record, this Court finds sufficient force in the arguments put forth on behalf of the petitioners. 10. Further, the State did not challenge the quashing of the proceedings in respect of accused Nos.5 and 8. Therefore, on the ground of parity, the present petition also needs to be allowed. Hence, the following order: ORDER (i) The petition is allowed; (ii) Pending Criminal proceeding in C.C.No.223/2021 (Old CC No.580/2019, Old CC No.120/2012) on the file of Civil Judge and JMFC Court, Bhalki, arising out of Crime No.173/2010 of Dhannura Police Station, - 6 - HC-KAR NC: 2025:KHC-K:3721 CRL.P No. 201310 of 2024 Taluka Bhalki, District Bidar, insofar as accused Nos.2 and 3 are quashed. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 36 CT:PK