- 1 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100690 OF 2022 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100566 OF 2022 CRIMINAL PETITION NO. 103671 OF 2022 CRIMINAL PETITION NO. 103673 OF 2022 CRL.P. NO.100690 OF 2022: BETWEEN: 1. KAREPPA HANUMANT AGE. 50 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 2. SADAPPA MALLAPPA KANTI AGE. 31 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 3. KASTUREVVA KAREPPA KANTI AGE. 45 YEARS, OCC. HOUSEHOLD, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 4. BASAPPA HANUMANT KANTI AGE. 35 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 5. LALLAVVA @ LALITA BASAPPA KANTI AGE. 30 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 6. SHIVALINAGAPPA HANUMANT KANTI AGE. 55 YEARS, OCC. AGRICULTURE, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:51 +0530 - 2 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 7. LAXMAVVA SHIVALINGAPPA KANTI AGE. 45 YEARS, OCC. HOUSEHOLD, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. …PETITIONERS (BY SRI. ANIL KALE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH JAMAKHANDI RURAL P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD- 580011. 2. MAHADEVI HANUMANT KANTI AGE. 40 YEARS, OCC. HOUSEHOLD, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. PRAKASH HOSMANI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE PROCEEDINGS PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, JAMKHANDI IN CC NO.2/2022 FOR THE OFFENCE PUNISHABLE U/S 143, 147, 148, 323, 324, 354(B), 504, 506 R/W SECTION 149 OF IPC AND SET ASIDE THE ORDER DATED 12.01.2022 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, JAMKHANDI IN CC NO.2/2022. CRL.P. NO.100566 OF 2022: BETWEEN: 1. SURESH SHIVAPPA REDDY @ MALAGHAN AGE. 42 YEARS, OCC. AGRICULTURE, R/O. MAHESHWADI, TQ. ATHANI, DIST. BELAGAVI-591304. - 3 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS 2. SHOBHAVVA W/O. LAXMAN KANTI AGE. 30 YEARS, OCC. HOUSEHOLD, R/O. DEVARAGENNUR, TQ. VIJAYAPUR, DIST. BAGALKOT-586101. 3. LALITA @ LALLAVVA W/O. BASAPPA KANTI AGE. 32 YEARS, OCC. HOUSEHOLD, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. 4. GOVINDAPPA S/O. BHIMAPPA HULAKUNDA AGE. 67 YEARS, OCC. AGRICULTURE, R/O. DEVARAGENNUR, TQ. VIJAYAPUR, DIST. VIJAYAPUR-586101. 5. SUBHAS S/O. GOVINDAPPA HULAKUNDA AGE. 38 YEARS, OCC. AGRICULTURE, R/O. SATTI VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591304. 6. SATYAVVA W/O. GOVINDAPPA HULAKUNDA AGE. 50 YEARS, OCC. AGRICULTURE, R/O. DEVARAGENNUR, TQ. VIJAYAPUR, DIST. VIJAYAPUR-586101. …PETITIONERS (BY SRI. ANIL KALE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH JAMAKHANDI RURAL P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. TUNGAVVA W/O. HANUMANT KANTI AGE. 70 YEARS, OCC. HOUSEHOLD, R/O. BUDNI, TQ. JAMKHANDI, DIST. BAGALKOT-587201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. PRAKASH HOSMANI, ADVOCATE FOR R2) - 4 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, JAMKHANDI IN CC NO.452/2019 FOR THE OFFENCE PUNISHABLE U/S 143, 147, 323, 324, 504, 506 R/W SECTION 149 OF IPC AND SET ASIDE THE ORDER DATED 18.03.2019 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, JAMKHANDI IN CC NO.452/2019. IN CRL.P. NO.103671 OF 2022: BETWEEN: 1. LAXMAN HANAMANTA KANTI AGE. 32 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 2. RAMESH @ RAMAPPA HANAMANTA KANTI AGE. 30 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 3. SHIVAPUTRA HANAMANTA KANTI AGE. 30 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 4. TUNGAVVA HANAMNTA KANTI AGE. 84 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 5. MAHADEVI HANAMANTA KANTI AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 6. LAXMIBAI HANAMANTA MALALI AGE. 29 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 7. CHANNAMMA BASUREDDI MADOLI AGE. 40 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, - 5 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS DIST. BAGALKOT-587201. 8. SAVITRI VISHAL KUNCHANUR AGE. 40 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. …PETITIONERS (BY SRI. P.N.HOSAMANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY JAMAKHANDI RURAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. SHOBHA LAXMAN KANTI AGE. 30 YEARS, OCC. AGRICULTIRE, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ANIL KALE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO CALL FOR RECORDS OF COURT BELOW AND QUASH THE ENTIRE PROCEEDINGS INITIATED BY FILING CHARGE SHEET IN, CC NO.449/2019 (JAMAKHANDI RURAL PS CR.NO.9/2019) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 323, 324, 504, 506 R/W 149 OF IPC, IN RESPECT OF PRESENT PETITIONERS. IN CRL.P. NO.103673 OF 2022: BETWEEN: 1. MAHADEVI HANAMANTA KANTI AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. - 6 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS 2. LAXMAN HANAMANTA KANTI AGE. 32 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 3. RAMAPPA HANAMANTA KANTI AGE. 30 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. 4. TUNGAVVA HANAMANTA KANTI AGE. 84 YEARS, OCC. HOUSEHOLD WORK, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. …PETITIONERS (BY SRI. P.N.HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY JAMAKHANDI POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. LALITA BASAPPA KANTI AGE. 30 YEARS, OCC. AGRICULTURE, R/O. BUDNI, TQ. JAMAKHANDI, DIST. BAGALKOT-587201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ANIL KALE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY FILING CHARGE SHEET IN, CC NO. 3/2022 (JAMAKHANDI RURAL PS CR.NO.75/2019) PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC JAMAKHANDI FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 324, 504, 506, 354B OF IPC, IN RESPECT OF PRESENT PETITIONERS. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER All these petitions arise out of case and counter cases between the same parties, and therefore they are taken up together, heard and disposed of by the common order. Crl.P.No.100690/2022: 2. The petitioners are charge sheeted for the offences punishable under Sections 143, 147, 148, 323, 324, 354(B), 504, 506 r/w Section 149 of IPC in Crime No.74/2019. 3. The case of the prosecution is that, the petitioners on 28.5.2019 by forming an unlawful assembly, assaulted, abused the charge sheet witnesses, and outraged the modesty of the 2nd respondent-defacto complainant. Crl.P.No.100566/2022: 4. The petitioners-accused are charge sheeted for the offences punishable under Sections 143, 147, 323, 324, 504, 506 r/w section 149 of IPC in relating to Crime No.8/2019. 5. The case of the prosecution is that, the petitioners- accused on 13.01.2019 by forming an unlawful assembly, came to the subject land and picked up a quarrel and assaulted and abused, the defacto-complainant and the charge sheet witnesses and threatened her family members with dire consequences. - 8 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS Crl.P.No.103671/2022: 6. The petitioners-accused are charge sheeted for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506 r/w Section 149 of IPC in Crime No.9/2019. 7. The complainant in the aforesaid petitions lodged the FIR and the Police registered the case in Crime No.9/2019, and after investigation submitted the charge sheet stating that, the petitioners by forming an unlawful assembly came to the subject land, abused, assaulted and threatened the defacto complainant and the family members with dire consequences. Crl.P.No.103673/2022: 8. The petitioners-accused have been charge sheeted for the offences punishable under Sections 354(B), 506, 324, 323, 504 r/w 34 of IPC in Crime No.75/2019 stating that the petitioners by forming an unlawful assembly came to the subject land, abused, assaulted and threatened the defacto-complainant and family members with dire consequences. 9. Heard the learned counsel for the petitioners, learned Additional Government Advocate for the respondent-State, and so also the learned counsel for the defacto complainant. 10. The alleged incident in all these petitions had taken place in an agricultural land belonging to both the parties, and there is a dispute between the parties in relation to the partition of the - 9 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS subject land and a suit is filed in O.S.No.64/2018. Pending consideration of the suit, the incidents have taken place over trivial issues. The injuries sustained by all the injured witnesses are simple in nature, and the said injuries were caused when a quarrel took place between the parties in a spur of the movement, which cannot be said to be pre-meditated, since the suit is pending between the parties. 11. Therefore, the allegations made against each other arises out of a dispute in relation to the subject land, however, given a criminal texture to wreak vengeance and with revengeful intent, as such, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The criminal petitions are allowed. Crl.P.No.100690/2022: The impugned proceedings in C.C.No.2/2022 pending on the file of the learned Prl. Senior Civil Judge and JMFC, Jamkhandi, insofar it relates to the petitioners herein is hereby quashed. Crl.P.No.100566/2022: The impugned proceedings in C.C.No.452/2019 pending on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC Court, Jamkhandi, insofar it relates to the petitioners herein is hereby quashed. - 10 - NC: 2025:KHC-D:1460 CRL.P No. 100690 of 2022 AND CONNECTED MATTERS Crl.P.No.103671/2022: The impugned proceedings in C.C.No.449/2019 pending on the file of the learned Prl. Civil Judge and JMFC Court, Jamkhandi, insofar it relates to the petitioners herein is hereby quashed. Crl.P.No.103673/2022: The impugned proceedings in C.C.No.3/2022 pending on the file of the learned Additional Civil Judge and JMFC Court, Jamkhandi, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 40