- 1 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 100688 OF 2023 BETWEEN: 1. ANAND CHANDRASHEKHAR HADIMANI, AGE: 24 YEARS, OCC: POSTAL STAFF, R/O: KAMBAGI NOW AT VIJAYAPUR, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. 2. DRAKSHAYINI CHANDRASHEKHAR HADIMANI, AGE: 48 YEARS, OCC: HOUSEWIFE, R/O: KAMBAGI NOW AT VIJAYAPUR, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. 3. ARUN CHANDRASHEKHAR HADIMANI, AGE: 22 YEARS, OCC: STUDENT, R/O: KAMBAGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. 4. DEEPA HADIMANI URF BHAJANNAVAR W/O. SANTOSH BHAJANNAVAR, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O: KAMBAGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. …PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH SAVALAGI P.S., JAMAKHANDI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD – 580 001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 2. SMT. BHAGYASHREE W/O. ANAND HADIMANI, (D/O. DILEEP BIDARI), AGE: 28 YEARS, OCC: WORKING AT HEALTH DEPARTMENT, R/O: KAMBAGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125, (NOW AT BIDARI, TQ: JAMAKHANDI, DIST: BAGALKOT). …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. S. T. PATIL & SRI. ROHIT S. PATIL, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C., 1973, SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 83/2019 (SAVALAGI P.S. CRIME NO.111/2018) FOR THE OFFENCE UNDER SECTIONS 341, 323, 354(B), 109, 504 READ WITH 34 OF IPC, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT JAMAKANDI, IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioners -accused Nos.1 to 4 under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.83/2019 pending on the file of the Principal Civil Judge and JMFC, Jamakhandi registered for offences punishable under Sections 341, 323, 324, 354(B), 109, 504 read with Section 34 of Indian Penal Code, 1860(hereinafter referred to as ”IPC” for brevity). - 3 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 2. The respondent No.2 has filed a complaint stating that on 31.07.2018 when she was proceeding to attend her duty, when she was near to Laxmi Devi temple of Chikkalaki Cross road at about 7.30 p.m., petitioner Nos.1 to 4 came and abused her in filthy words in order to harass her as she has filed case. Accused No.2 – Drakshayani has abetted other accused and accused No.3 –Arun held her hands and started pulling and she tried to escape, at that time clothes were torn and accused No.4 – Deepa held her hairs and assaulted her with club (which was there) on her back and at that time stating to kill this lady, accused No.1 took sickle kept in motor cycle and when she tried to escape, sickle touched her right hand and sustained bleeding injuries. At that time her husband –accused No.1 tried to press her neck and accused No. 4- Deepa tried to put her veil (dupatta) around her neck and started pulling it. Two persons who were going on that road have rescued her. She went to the Government Hospital and thereafter, filed a complaint. The said - 4 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 complaint has been registered in Crime No. 111/2018 of Savalagi Police Station for offences punishable under Sections 341, 323, 324, 354(B), 109, 504 read with Section 34 of IPC. The Police after investigation have filed charge sheet against petitioners for the aforesaid offences. The learned Magistrate has taken cognizance and registered C.C. No.83/2019 and it is pending on the file of the learned Principal Civil Judge and JMFC, Jamakhandi. The proceedings of the said criminal case are sought to be quashed in this present petition by petitioners -accused Nos.1 to 4. 3. Heard learned counsel for petitioners, learned counsel for respondent No.2 and learned AGA for respondent No.1 –State. 4. Learned counsel for petitioners would contend that there was grudge as respondent No.2 has filed a complaint with regard to incident dated 08.06.2018 against petitioners. There are no specific allegations against petitioner No.2 and accusation against her is - 5 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 abetting other accused to assault respondent No.2 - complainant. Injuries sustained by respondent No.2 - complainant are stated to be simple injuries. With this, he prayed to allow the petition and quash the proceedings against petitioners. 5. Learned counsel for respondent No.2 would contend that there were two eye witnesses to the incident who are cited as C.W.4 and C.W.5 in the charge sheet. The wound certificate shows that respondent No.2 – complainant has sustained four injuries. Even there is accusation against petitioner No.2 –accused No.2 of abetting other accused to assault respondent No. 2- complainant. With these, he prays for dismissal of the petition. 6. Learned AGA for respondent No.1 -State has reiterated grounds urged by learned counsel for respondent No.2 and prays for dismissal of the petition. - 6 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 7. Having heard learned counsels, this Court has perused the charge sheet records. 8. As per Cl.No.17 of the charge sheet there was incident on 08.06.2018 and respondent No.2 has filed complaint with regard to the said incident against petitioners and the case has been registered against petitioners. With that grudge, petitioners on 31.07.2018 at 7.30 p.m. when respondent No.2 was proceeding to go her duty have assaulted her, outraged her modesty and tortured. C.W.4 and C.W.5 are cited to be eye witnesses to the incident. C.W.4 and C.W.5 in their statements have stated that regarding incident and overtacts of petitioners assaulting respondent No.2 –complainant. The wound certificate which is part of the charge sheet indicates that respondent No.2 –complainant has sustained four injuries and they are stated to be simple in nature. In the statements of C.W.4 and C.W.5 who are stated to be eye witnesses have stated that accused No.2 abetted other accused to assault the complainant. Considering all these - 7 - NC: 2025:KHC-D:5521 CRL.P No. 100688 of 2023 aspects, there are no grounds for quashing the proceedings against petitioners as prayed. 9. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 0