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2025 DAILYLAW 28909 (KAR)

RATHNAMMA v. STATE OF KARNATAKA

CRL.P/6856/2024 · 2025-06-20

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21492 CRL.P No. 6856 of 2024 C/W CRL.P No. 6653 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6856 OF 2024 C/W CRIMINAL PETITION NO. 6653 OF 2023 IN CRL.P No. 6856/2024 BETWEEN: 1. RATHNAMMA, W/O LATE DODDA KMIREDDY, AGED 61 YEARS, 2. MUNIRAJA @ RAJANNA, S/O LATE DODDA KMIREDDY, AGED 43 YEARS, 3. PRABHAKAR, S/O LATE DODDA KMIREDDY, AGED 41 YEARS, 4. SMT. MAMATHA, W/O PRABHAKAR, AGED 36 YEARS, ALL ARE R/AT APPEGOWDANAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 105. …PETITIONERS (BY SRI. MANJUNATH B R., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY SHIDLAGHATTA RURAL POLICE STATION, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21492 CRL.P No. 6856 of 2024 C/W CRL.P No. 6653 of 2023 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. SMT. LEELAVATHI, W/O CHIKKA KAMIREDDY, AGED 53 YEARS, APPEGOWDANAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 105. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; SRI.RANGANATH REDDY, ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH ALL FURTHER PROCEEDINGS IN CC.NO.211/2023 REGISTERED FOR THE OFFENCES P/U/S 143, 147, 148, 307, 323, 324, 504, 506 R/W 149 OF IPC OF SHIDLAGHATTA RURAL P.S., WHICH IS PENDING ON THE FILE OF PRL.CIVIL JUDGE AND JMFC AT SHIDLAGHATTA. IN CRL.P NO. 6653/2023 BETWEEN: 1. VENKATESH BABU, AGED 36 YEARS, S/O CHIKKAKAMAREDDY, RESIDING AT APPEGOWDANAHALLI, KASABA HOBLI, SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562 103. 2. PRASANNA KUMAR, AGED 39 YEARS, S/O CHIKKAKAMAREDDY, RESIDING AT APPEGOWDANAHALLI, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 103. 3. SMT. LEELAVATHI, AGED 60 YEARS, - 3 - HC-KAR NC: 2025:KHC:21492 CRL.P No. 6856 of 2024 C/W CRL.P No. 6653 of 2023 W/O CHIKKAKAMAREDDY, RESIDING AT APPEGOWDANAHALLI, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 103. 4. CHIKKAKAMAREDDY, AGED 62 YEARS, S/O PILLAPPA, RESIDING AT APPEGOWDANAHALLI, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 103. 5. SMT. SANDYAVATHI, AGED 55 YEARS, W/O CHIKKAKAMAREDDY, RESIDING AT APPEGOWDANAHALLI, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 103. ..PETITIONERS (BY SRI. PRAVEEN KUMAR K N., ADVOCATE) AND: 1. STATE BY SIDLAGHATTA RURAL POLICE, SIDLAGHATTA, CHIKKABALLAPURA DISTRICT – 562 103. REPRESENTED BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE – 560 001. 2. MR. PRABHAKARA D., AGED 40 YEARS, S/O DODDA KAMI REDDY, RESIDING AT APPEGOWDANAHALLI, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 103. ...RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R1; SRI. MANJUNATH B.R., ADVOCATE FOR R2) - 4 - HC-KAR NC: 2025:KHC:21492 CRL.P No. 6856 of 2024 C/W CRL.P No. 6653 of 2023 THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED PROCEEDINGS IN C.C.NO.212/2023, (SIDLAGATTA RURAL POLICE STATION) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC SIDLAGHATTA CHIKKABALLAPURA FOR THE ALLEGED OFFENCE P/U/S.143, 147, 148, 323, 324, 326, 307, 504, 506, 114, 149 OF IPC PRODUCED AT DOCUMENT NO.1 BY ALLOWING THE ABOVE PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORDER Crl.P.No.6856/2024 is filed by accused persons challenging the impugned proceedings in C.C. No.211/2023 imitated at the instance of second Respondent – complainant against the Petitioners for the offences p/u/s CC.NO.211/2023 REGISTERED FOR THE OFFENCES P/U/S 143, 147, 148, 307, 323, 324, 504, 506 R/W 149 OF IPC. 2. So also Petitioner No.3 - Accused No.4 filed one more complainant against the Respondent No.2 and her family members which is currently pending in CC - 5 - HC-KAR NC: 2025:KHC:21492 CRL.P No. 6856 of 2024 C/W CRL.P No. 6653 of 2023 No.212/2023 before the trial Court for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 504, 506, 114, 149 OF IPC. The same is presented by way of Petition before this Court in Crl.P.No.6653/2023. 3. A perusal of the material on record will indicate that there are disputes and counter disputes between the Petitioner and their family members and Respondent and family members in both the petitions against one another which has to be necessarily resolved by the competent civil Court in relation to immovable property which is pending before the competent civil court. 4. Learned counsel for both sides jointly submit that both the impugned proceedings may be quashed reserving liberty in respect of both the parties to work out their remedies before the Competent civil Court. 5. Joint submission of learned counsel for both the sides is placed on record. 6. In view of the above, I pass the following: - 6 - HC-KAR NC: 2025:KHC:21492 CRL.P No. 6856 of 2024 C/W CRL.P No. 6653 of 2023 ORDER i) Both the Petitions are hereby allowed. ii) The impugned Proceedings in C.C.NO.211/2023, (Sidlagatta Rural Police Station) on the file of the Principal Civil Judge and JMFC, Sidlaghatta and C.C.NO.212/2023, (Sidlagatta Rural Police Station) on the file of the Principal Civil Judge and JMFC, Sidlaghatta, Chikkaballapura for the alleged offences therein, are hereby stand quashed. iii) Liberty is reserved to both the parties to workout their respective remedies before the competent civil court. iv) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bsv List No.: 4 Sl No.: 9