- 1 - NC: 2025:KHC-D:3836 CRL.P No. 103836 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103836 OF 2022 BETWEEN: 1. VEERESH CHANDRASHEKHARAYYA SOBARADAMATH, AGE. 45 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND DIST. DHARWAD-582208. 2. SIDDAYYA CHANDRASHEKHARAYYA SOBARADAMATH, AGE 38 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 3. BASAVARADDI TIRAKAPPA NAVALLI AGE. 33 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 4. MAHESH BASAPPA GOKUL AGE. 38 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 5. RAVI GANGAPPA KUMBAR AGE. 46 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 6. SIDDALINGAPPA NINGAPPA MAREWAD AGE. 48 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 7. PRAKASH JAGADISH PUJAR AGE. 39 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 8. MUDAKAPPA DEVAPPA BHOMANNAVAR AGE. 49 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD582208. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3836 CRL.P No. 103836 of 2022 9. VIJAVVA DEVAPPA KAMATA AGE. 45 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 10. SARASWATI HANAMAPPA JADHAV AGE. 47 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 11. LAXMI MAILARAPPA JADHAV AGE. 43 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 12. SANTOSH @ FAKKIRAPPA RUDRAPPA KUNDAGOLA, AGE. 30 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 13. YALLAVVA BASAPPA KUSUGAL AGE. 31 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 14. MANJAVVA @ MANJULA RANGAPPA KUSUGAL AGE. 39 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 15. KASTURI RUDRAPPA BALIKAYI AGE. 37 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 16. VEERAPPA FAKIRAPPA KUNDAGOLA AGE. 37 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 17. BASAVARAJ VERAPPA AYATTI AGE. 40 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 18. BASAVARAJ RUDRAPPA KUNDAGOLA AGE. MAJOR, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 19. SRIKANTH VEERAPPA BHOMANNAVAR AGE. 42 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. - 3 - NC: 2025:KHC-D:3836 CRL.P No. 103836 of 2022 20. ASHOK HANAMAPPA MANKANI AGE. 43 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 21. MAMTAZ SHARIFSAB AGASAR AGE. 45 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 22. MALLAPPA PANDAPPA TALAWAR AGE. 47 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 23. KUMARA BASAPPA ANNIGER AGE. 33 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 24. SHOMSHYADBEGAM RAMAJENIYAVAR AGE. 40 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 25. SURESH KISHTAPPA MANIKANI AGE. 41 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. 26. KRISHNAPPA TIMMANNA KALAWAD AGE. 42 YEARS, R/O. TIRLAPUR VILLAGE, TQ. NAVALGUND, DIST. DHARWAD-582208. …PETITIONERS (BY SRI. IRANAGOUDA K KABBUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH NAVALGUND POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. KARIMSAB BUDENSAB HARLAPUR AGE. 60 YEARS, OCC. BUSINESS R/O DYAMVVAN GUDI ONI, NAVALGUND, DIST. DHARWAD-582208. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) - 4 - NC: 2025:KHC-D:3836 CRL.P No. 103836 of 2022 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND FURTHER QUASH PROCEEDINGS IN CC NO. 1561/2022 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC NAVALAGUND REGISTERED ON THE CHARGE SHEET FILED BY THE RESPONDENT NO. 1, POLICE BASED ON THE FIR FILED BY THE RESPONDENT NO. 2 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143,147, 342,504,506 R/W SECTION 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners/accused Nos.1 to 26 who have been charge sheeted for the offences punishable under Sections 143, 147, 342, 504, 506 read with section 149 of the IPC are before this Court seeking relief. 2. The prosecution alleges that the complainant was issued a licence to run a bar and restaurant. On 23.03.2021, the petitioner/accused, at the instigation of accused No.1, formed an unlawful assembly, entered the bar and restaurant, threatened the complainant to close the bar and restaurant and used abusive language while restraining him from proceeding further. 3. Although respondent No.2 was served with notice, he has chosen not to appear in person or through his counsel. Therefore, he has been placed ex parte. 4. Heard, learned counsel for the petitioner and learned AGA for the respondent – State. - 5 - NC: 2025:KHC-D:3836 CRL.P No. 103836 of 2022 5. A perusal of the charge sheet material and statement of the charge sheet witnesses indicates that, except for omnibus and general allegations, there is no specific overtact detailing how or in what manner each of the 26 accused herein abused or threatened the complainant with dire consequences. 6. Therefore, in the absence of specific overtact, the petitioners cannot be prosecuted solely on the basis of omnibus and general allegations, as charges cannot be framed without specific overtact. In these circumstances, the continuation of the criminal proceedings would be an abuse of process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in C.C.No.1561/2022 on the file of Civil Judge and JMFC, Navalgund is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 85