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2025 DAILYLAW 45137 (KAR)

RAVI S/O SHANKRAPPA VALMIKI v. THE STATE OF KARNATAKA

CRL.P/102693/2024 · 2025-04-08

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6275 CRL.P No. 102693 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102693 OF 2024 BETWEEN: RAVI S/O. SHANKRAPPA VALMIKI, AGE: MAJOR, OCC: POLICE CONSTABLE, R/O: KOKKARAGUNDI VILLAGE, TALUKA: SHIRAHATTI, DISTRICT: GADAG – 582 120. …PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA, DHARWAD BENCH THROUGH LAKSHMESHWAR POLICE STATION, DISTRICT: GADAG – 580 011. 2. REKHA W/O. RAMESH GORAVAR, AGE: 21 YEARS, OCC: LABOURER, R/O: KOKKARAGUNDI, TALUKA – SHIRAHATTI, DISTRICT: GADAG – 582 120. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI G.N.NARASAMMANAVAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR AGAINST THE PETITIONER/ACCUSED NO.1 IN CRIME NO.73/2024 OF LAKSHMESHWAR POLICE STATION, ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, LAKSHMESHWAR, GADAG, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 354, 504, 506 READ WITH 149 OF IPC IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6275 CRL.P No. 102693 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.1 under Section 482 of Cr.P.C praying to quash the complaint and FIR in Crime No.73/2024 of Lakshmeshwar Police Station registered for offences punishable under Section 143, 147, 148, 323, 324, 504, 506 read with Section 149 of Indian Penal Code, 1860 (herein after referred to as “IPC” for brevity). 2. Respondent No.2 has filed a complaint against the petitioner and others and it came to be registered in Crime No.73/2024 of Lakshmeshwar Police Station for aforesaid offences. The petitioner who is arrayed as accused No.1 in the said FIR has sought quashing of the proceedings in this petition. 3. In the complaint, respondent No.2 has alleged that on 10.05.2024, Mangalsutra belonging to complainant’s aunt was torn by the petitioner –accused - 3 - NC: 2025:KHC-D:6275 CRL.P No. 102693 of 2024 No.1 and other accused. Further on 15.05.2024, the complainant along with others went to ask the petitioner about the said incident, the petitioner and others are stated to have harassed the complainant, abused her in filthy language and assaulted her physically. Complainant’s relatives came to rescue her, at that time, the petitioner and others have attacked on them, assaulted them and threatened with dire consequences. The complainant and other relatives took treatment and thereafter filed complaint. 4. Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned AGA for respondent No.1 –State. 5. Learned counsel for the petitioner would contend that even though the name of this petitioner – accused No.1 has stated with regard to incident dated 10.05.2024 and 15.05.2024 but respondent No.2 in her further statement has not stated the presence of the petitioner –accused No.1 in the incident dated 15.05.2024. - 4 - NC: 2025:KHC-D:6275 CRL.P No. 102693 of 2024 He further submits that allegations against the petitioner and others with regard to incident dated 10.05.2024 are omnibus allegations. He submits the complaint is filed only after incident dated 15.05.2024 and therefore, it is with regard to incident dated 15.05.2024 alone. He submits that there is case and counter case. The complaint filed by one Jagadish registered in Crime No.72/2024 of Lakshmeshwar Police Station is prior to the registration of the complaint against petitioner. With these, he prays to allow the petition. 6. Learned counsel for respondent No.2 and learned AGA for respondent No.1 would contend that there is case and counter case. The matter requires trial. Wound certificates produced along with charge sheet indicate that four persons have sustained injuries in the incident dated 10.05.2024. They submit that charge sheet materials shows prima facie case against the petitioner for offences alleged against him. With these they pray for dismissal of the petition. - 5 - NC: 2025:KHC-D:6275 CRL.P No. 102693 of 2024 7. Respondent No.2 in her complaint has stated the presence of this petitioner on the date of incident dated 15.05.2024. She has stated in her further statement with regard to presence of other seven (7) accused persons and not named the present petitioner. On perusal of the said further statement of respondent No.2 dated 15.05.2024, she has specifically named the present petitioner along with other accused outranging modesty of her sisters Mangala, Kamalavva, Yashodha, Ranjita and assaulting them with hands and tearing the tali of Mangala and giving them life threat. Wound Certificates of Sunanda, Yashodha, Kamalavva, Ranjita indicate that they have sustained injuries in the incident which taken place on 10.05.2024. Merely because there is omnibus allegations against nine (9) accused with regard to incident dated 10.05.2024, only on that ground the proceedings cannot be quashed. It is matter of trial with regard to the incident dated 10.05.2024 and what is overtacts of this petitioner –accused No.1. - 6 - NC: 2025:KHC-D:6275 CRL.P No. 102693 of 2024 8. Considering all these aspects, the petitioner has not made out any grounds for quashing proceedings as prayed for. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 43