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2025 DAILYLAW 4334 (KAR)

PRAKASH S/O. MANOHAR PATTAR v. THE STATE OF KARNATAKA

CRL.P/101625/2025 · 2025-04-25

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101625 OF 2025 BETWEEN: 1. PRAKASH S/O. MANOHAR PATTAR, AGE: 36 YEARS, OCC: BUSINESS, R/AT: KAJIBILAGI VILLAGE, JAMAKHANDI, BAGALKOTE – 587 330. 2. MAHESH BIRADAR, AGE: 36 YEARS, OCC: BUSINESS, R/AT: KAJIBILAGI VILLAGE, JAMAKHANDI, BAGALKOTE - 587 330. 3. YAMANAPPA KORI, AGE: 31 YEARS, OCC: COOLIE, R/AT: HOSUR VILLAGE, BANAHATTI, BAGALKOTE – 587 314. 4. ANANDA JAMBAGIMATH, AGE: 34 YEARS, OCC: BUSINESS, R/AT: JAMAKHANDI, BAGALKOTE – 587 330. 5. RAJU KHANAPPANAVAR, AGE: 41 YEARS, OCC: BUSINESS, R/AT: JAMAKHANDI, BAGALKOTE - 587 330. 6. MAHESH ROKHADE, AGE: 43 YEARS, OCC: BUSINESS, R/AT: GADAG, KARNATAKA – 582 101. 7. MAHANTESH HONNAPPANAVAR, AGE: 20 YEARS, OCC: STUDENT, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 R/AT: GADAG, KARNATAKA – 582 101. 8. BHARAT LADDI, AGE: 26 YEARS, OCC: STUDENT, R/AT: GADAG, KARNATAKA – 582 101. 9. IRANNA PUJAR, AGE: 30 YEARS, OCC: BUSINESS, R/AT: GADAG, KARNATAKA – 582 101. 10. SOMU GODI, AGE: 30 YEARS, OCC: BUSINESS, R/AT: GADAG, KARNATAKA – 582 101. 11. HULAGAPPA VALMIKI, AGE: 38 YEARS, OCC: BUSINESS, R/AT: GADAG, KARNATAKA – 582 101. 12. SADASHIV MALI, AGE: 32 YEARS, OCC: PRIVATE JOB, R/AT: TERADAL, BAGALKOTE – 587 330. 13. DHARAMSAGAR TUNGAL, AGE: 31 YEARS, OCC: PRIVATE JOB, R/AT: RABAKAVI, BAGALKOTE – 587 330. 14. SANJU RASAL, AGE: 32 YEARS, OCC: BUSINESS, R/AT: TERADAL, BAGALKOTE – 587 330. 15. MAHANTESH GUDEJADAR, AGE: 32 YEARS, OCC: BUSINESS, R/AT: MAHALINGAPUR, BAGALKOTE – 587 330. - 3 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 16. ISHWAR KWANYAGOL, AGE: 40 YEARS, OCC: BUSINESS, R/AT: RANNA BELAGALI, BAGALKOTE – 587 330. 17. RAJU PATIL, AGE: 35 YEARS, OCC: BUSINESS, R/AT: JAMAKHANDI, BAGALKOTE – 587 330. 18. MAHESH GEBBANNI, AGE: 45 YEARS, OCC: BUSINESS, R/AT: SHEHUNASHI, BAGALKOTE – 587 330. 19. SHYAMA SINDE, AGE: 38 YEARS, OCC: BUSINESS, R/AT: GALAGALI, BAGALKOTE – 587 117. 20. ANAND HALLI, AGE: 29 YEARS, OCC: BUSINESS, R/AT: HOSUR, BAGALKOTE – 587 314. 21. SATISH REVANI, AGE: 26 YEARS, OCC: BUSINESS, R/AT: HOSUR, BAGALKOTE – 587 314. 22. HARISH NAJARE, AGE: 21 YEARS, OCC: STUDENT, R/AT: RABAKAVI, BAGALKOTE – 587 330. 23. SANJU RAVAL, AGE: 41 YEARS, OCC:STUDENT, R/AT: RABAKAVI, BAGALKOTE – 587 330. …PETITIONERS (BY SRI. ZANZA JOSHI & SRI. HIRANKUMAR PATEL, ADVOCATES) - 4 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 AND: 1. THE STATE OF KARNATAKA, SAVALGI POLICE STATION, BAGALKOTE, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD. 2. SHRI. NINGAPPA S/O. SHIVAPPA HUGAR, AGE: 34 YEARS, OCC: FARMER, R/AT: KAJIBILAGI VILLAGE, JAMAKHANDI, DIST: BAGALKOTE – 581 205. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. GOURI SHANKAR MOT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA 2023 PRAYING TO QUASH THE FIR AND FURTHER PROCEEDINGS IN SAVALGI POLICE STATION CRIME NO.0001/2025 INSOFAR AS THE ACCUSED NOS.1 TO 5, 7 TO 13, 15 TO 18, 20 TO 24, 26 AND 27/PETITIONERS ARE CONCERNED FOR THE OFFENCES PUNISHABLE UNDER SECTION 329(3) OF BNS, 2023 SECTION 30 OF ARMS ACT, 1959 AND UNDER RULE 2(I) (10) OF ARMS RULES-2016, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR. DIV) AND JMFC COURT, AT JAMKHANDI, BAGALKOT IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 5 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 ORAL ORDER This petition is filed by accused Nos.1 to 5, 7 to 13, 15 to 18, 20 to 24, 26 and 27 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’ for short] praying to quash the FIR and entire proceedings in Crime No.01/2025 of Savalgi Police Station registered for offences punishable under Section 329(3) of Bharathiya Nyaya Sanhita, 2023 [hereinafter referred to as ‘BNS’ for short], Section 30 of Arms Act, 1959 and Section 2(I)(10) of Arms Rules-2016. 2. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners and others in Crime No.01/2025 of Savalgi Police Station for the aforesaid offences. The said FIR is sought to be quashed by petitioners in the present petition. 3. Sri.Gouri Shankar Mot, the learned counsel has filed vakalath for respondent No.2. Learned Additional - 6 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 Government Advocate accepts notice for respondent No.1- State. 4. A joint memo has filed under Section 359(6) and (8) of BNSS and it is signed by the petitioners, respondent No.2 and their respective counsels. 5. Learned counsel for respondent No.2 has filed an affidavit of respondent No.2. In terms of the joint memo, the matter has been settled between the petitioners and the respondent No.2. Respondent No.2 is present before the Court and submits that he has settled the matter with the petitioners and he has no objections for quashing the FIR registered against the petitioners. 6. In view of settlement between the parties, the FIR of Savalgi Police Station in Crime No.01/2025 registered for offences punishable under Section 329(3) of BNS and Sections 30 of Arms Act, 1959 and Section 2(I)(10) of Arms Rules-2016, pending on the file of Principal Civil Judge (Junior Division) and JMFC Court, - 7 - NC: 2025:KHC-D:6912 CRL.P No. 101625 of 2025 Jamakhandi is quashed. Accordingly, the petition is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ CT-ASC List No.: 1 Sl No.: 7