- 1 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100100 OF 2023 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101162 OF 2023 IN CRL.P. NO.100100 OF 2023: BETWEEN: 1. PAVAN KARANING @ KURANING AGE. 31 YEARS, OCC. RFO., R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. 2. MALLIKARJUN PATIL @ LAXMAN PATIL AGE. 31 YEARS, OCC. BEAT FORESTER TERDAL, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. 3. S. G. OTAKODI @ ONTAGUDI AGE. 31 YEARS, OCC. BEAT FORESTER SIDDAPUR, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. 4. P. S. PATIL AGE. 48 YEARS, OCC. DEPUTY RFO SIDDAPUR SECTION, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 58301. 5. ASHWINI NAVI @ MANMI AGE. 28 YEARS, OCC. DEPUTY RFO JAMKHANDI SECTION, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 58301. 6. MAVEER @ MAHAVEER ALAGUR AGE. 31 YEARS, OCC. BEAT FORESTOR BHANAHATTI, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 12:09:51 +0530 - 2 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 7. SIDDU @ SIDDAROODHA KULLALI AGE. 33 YEARS, OCC. BEAT FORESTOR JAMKHANDI, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. 8. MALLU @ MALLAPPA NAVI AGE. 38 YEARS, OCC. DEPUTY RFO BANAHATTI SECTION, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. 9. IRANNA BADIGER AGE. 34 YEARS, OCC. DRIVER DAILY WAGES, R/O. FOREST OFFICE JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT – 587301. …PETITIONERS (BY SRI. GANGADHAR S.HOSAKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BANAHATTI POLICE STATION, BAGALKOT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD – 580011. 2. REKHA W/O. MAHADEV GANJAGOL AGE. 35 YEARS, OCC. LABOURER, R/O. JAGADAL VILLAGE, TQ. RABAKAVI - BANAHATTI, DIST. BAGALKOT – 58311. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. ANAND L.SANDIMANI AND SRI. SANTOSH B.RAWOOT, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSION JUDGE BAGALKOT, IN BANAHATTI PS CRIME CC NO. 08/2023 FOR THE OFFENCE PUNISHABLE U/S 143,147,448,323,354,354(B), 504,506, 149 OF IPC AND SC AND ST (PREVENTION OF ATROCITIES) ACT 1989, U/S 3(1)(r), 3(1)(s),3(1)(w) , 3(2)(v-a). SO FAR AS THE - 3 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 PETITIONER ARE CONCERNED WHO HAS BEEN ARRAYED AS ACCUSED NO. 1 TO 9. IN CRL.P. NO.101162 OF 2023: BETWEEN: 1. MUTTAPPA S/O. RAMCHANDRA GANJAGOL AGE. 42 YEARS, OCC. COOLIE, R/O. JAGADAL, TQ. RABAKAVI, BANHATTI, DIST. BAGALKOT-587311. 2. MAHADEVA S/O. RAMCHANDRA GANJAGOL AGE. 48 YEARS, OCC. COOLIE, R/O JAGADAL, TQ. RABAKAVI, BANHATTI, DIST. BAGALKOT-587311. 3. RAJU S/O. SANGAVVA HADIMANI AGE. 35 YEARS, OCC. COOLIE, R/O. JAGADAL, TQ. RABAKAVI, BANHATTI, DIST. BAGALKOT-587311. 4. SRIKANT GIDDANNAVAR S/O. SOMANING AGE. 34 YEARS, OCC. COOLIE, R/O JAGADAL, TQ. RABAKAVI, BANHATTI, DIST. BAGALKOT-587311. …PETITIONERS (BY SRI. SANTOSH.B.RAWOOT, ADVOCATE) AND: 1. STATE OF KARNATAKA BANHATTI POLICE STATION, REPRESENTED BY, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-11. 2. SHRI. PAVAN S/O. LAKAPPA KURANING AGE. 31 YEARS, OCC. RFO, R/O. FOREST OFFICE, JAMAKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. GANGADHAR S.HOSAKERI, ADV. FOR R2) - 4 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C SEEKING TO, CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CRIMINAL PETITION BY QUASHING THE REGISTRATION OF THE BANHATTI P.S. CRIME NO. 06/2023 ON 06.01.2023 FIR THE ALLEGED OFFENCES PUNISHABLE U/SEC. 353, 324, 504, 506, 34 OF IPC ON THE FILE OF JMFC COURT BANAHATTI, BAGALKOT DISTRICT, AGAINST THE ACCUSED NO. 1 TO 4/ PETITIONER NO. 1 TO 4 HAS PRESENTED THIS CRIMINAL PETITION THEREBY REGISTERING THE CASE AGAINST THE PETITIONER/ACCUSED AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS PENDING THERON. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER These petitions arise out of a case and counter-case. They are, therefore, taken up together, heard, and disposed of by this common order. In Crl.P. No. 100100/2023: 2. The petitioners challenge the registration of the FIR for offences punishable under Sections 143, 147, 448, 323, 354, 354(B), 504, 506, and 149 of the Indian Penal Code (IPC) and Sections 3(1)(s), 3(1)(w), and 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. - 5 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 3. Respondent No.2 lodged an FIR, alleging that the petitioners, who are officers of the Forest Department, criminally trespassed into the sawmill belonging to her husband, abused, assaulted, and outraged the modesty of the women present at the time of the incident. In Crl.P. No. 101161/2023: 4. The petitioners challenge the registration of the FIR for offences punishable under Sections 353, 324, 504, 506, and 34 of the IPC. 5. Respondent No.2, a Range Forest Officer, lodged the FIR, stating that while he, along with his staff, was taking action to stop an illegally operated sawmill running without authorization, the petitioners willfully restrained them from discharging their official duties, abused, assaulted, and threatened them with dire consequences. 6. Heard the learned counsel for both parties. 7. The Range Forest Officer and his staff, after obtaining permission under Section 155(2) of the Cr.P.C., entered the sawmill belonging to the husband of Respondent No.2 in Crl.P. No. - 6 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 100100/2023. While inspecting the sawmill, a quarrel ensued, and as a result of the scuffle, minor injuries were sustained by the accused and other parties. 8. The incident was not premeditated but occurred spontaneously. The allegations in the FIR stem from the alleged unauthorized operation of the sawmill without a valid license or permit. Whether the petitioners in Crl.P. No. 101161/2023 possessed a valid license to operate the sawmill is a matter that requires adjudication by the competent authority. Under such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal Petitions are allowed. ii) The impugned FIR in Crime No.8/2023 registered by the Banahatti Police Station, Bagalakot District, insofar it relates to the petitioners in Crl.P.No.100100/2023 is hereby quashed. iii) The impugned FIR in Crime No.6/2023 registered by the Banahatti Police Station, Bagalakot District, insofar - 7 - NC: 2025:KHC-D:2187 CRL.P No. 100100 of 2023 C/W CRL.P No. 101162 of 2023 it relates to the petitioners in Crl.P.No.101162/2023 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:VH List No.: 1 Sl No.: 53