- 1 - NC: 2025:KHC-D:3336 CRL.P No. 100523 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100523 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MRS. MANISHA, W/O. PUNDALIKRAO KADAM PATIL, AGE. 61 YEARS, OCC. HOUSEHOLD WORK, R/O. PAVASE GALLI, UCHAGOUN, DIST. BELAGAVI-591128. 2. SHRI. UMESH GUNDU KOLI, AGE. 32 YEARS, OCC. SERVICE, R/O. PAVASE GALLI, UCHAGOUN, DIST. BELAGAVI-591128. …PETITIONERS (BY SRI. SHARAD M.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KAKATI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SHRI. GANASHYAM BHARMANNA PATIL, AGE. 34 YEARS, OCC. PVT. SERVICE, R/O. PAVASE GALLI, UCHAGOUN, DIST. BELAGAVI-591128. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1 SRI. SHREEVASTSA HEGDE, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE PROCEEDINGS AGAINST PETITIONERS/ ACCUSED NO.3 AND 4, IN CC NO.781/2014 PENDING ON THE FILE B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:10 +0530 - 2 - NC: 2025:KHC-D:3336 CRL.P No. 100523 of 2022 OF THE IV JMFC, BELAGAVI FOR THE OFFENCE PUNISHABLE U/S 341, 323, 324, 326, 504, 506 R/W 34 OF IPC, IN CRIME NO.305/2013. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for offences punishable under Sections 341, 323, 324, 326, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, are before this Court. 2. The second respondent lodged a First Information Report (FIR) alleging that accused Nos. 1 to 3 assaulted and abused him in filthy language. In his further statement, the second respondent stated that accused No. 3 was not present at the spot on the date of the incident and that her name had been mentioned inadvertently. Following investigation, the police dropped accused No. 3 from the charge sheet. However, during examination-in-chief, the complainant (examined as P.W.1) and the eyewitness (P.W.6) stated that accused Nos. 3 and 4 were also present at the spot on the date of the incident and abetted accused Nos. 1 and 2 in committing the crime. Subsequently, the prosecution filed an application under Section 319 of the Code of Criminal Procedure, 1973, which the Trial Court allowed, thereby including petitioners as accused Nos. 3 and 4. - 3 - NC: 2025:KHC-D:3336 CRL.P No. 100523 of 2022 3. Heard the learned counsel for the petitioners, the learned High Court Government Pleader for respondent No.1 (State), and the learned counsel for respondent No. 2. 4. In the FIR, there is no mention of the presence of accused No. 4 at the spot, and the allegation of assault and abuse in filthy language is directed only against accused Nos. 1 to 3. Moreover, in his further statement, the complainant specifically stated that accused No. 3 was not present at the spot on the date of the incident and that her name had been included inadvertently. During examination-in-chief, both P.W.1 and P.W.6 stated that petitioners/accused Nos. 3 and 4 instigated accused Nos. 1 and 2 to commit the crime. However, neither the FIR nor the statement recorded under Section 161 of the Cr.P.C. contains any allegation that petitioners/accused Nos. 3 and 4 instigated accused Nos. 1 and 2 to commit the crime. Furthermore, P.W.1 and P.W.6 did not specify how or in what manner the petitioners/accused instigated accused Nos. 1 and 2 to commit the crime, offering only general and omnibus allegations. In the absence of any substantial evidence to support the claim that petitioners/accused Nos. 3 and 4 instigated accused Nos. 1 and 2, the impugned order passed by the Trial Court is not legally sustainable. 5. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. - 4 - NC: 2025:KHC-D:3336 CRL.P No. 100523 of 2022 ii) The order dated 25.01.2022 passed on the application filed by prosecution under Section 319 of Cr.P.C. in C.C. No.781/2014 by the IV JMFC, Belagavi, is hereby set aside, and consequently the said application is dismissed. iii) The criminal proceedings in C.C. No.781/2014 pending on the file of the IV JMFC, Belagavi, insofar as it relates to petitioners/accused No.3 and 4, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 60