- 1 - NC: 2025:KHC-D:6609 CRL.P No. 100151 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA CRIMINAL PETITION NO. 100151 OF 2024 BETWEEN: 1. SRI VITHALRAO S/O GOVINDRAO KULKARNI AGED ABOUT 64 YEARS, OCC. PENSIONER R/O 246/E, DEVI PARVATI HOUSING SOCIETIES SHUBHAM KAROTI APARTMENT, BUILDING NO. 3, FLAT NO. 5, NAGALA PARK, OPP. VIVEKANAND COLLEGE, KOLHAPUR 416003 2. GOPAL @ GOPALKRISHNA @ GOPALRAO S/O GOVINDRAO KULKARNI AGED ABOUT 53 YEARS, OCC. EMPLOYED R/O D203, ROHAN NILAYA, NEAR SPICER SCHOOL SANGHVI ROAD, AUNDH, DIST. PUNE 411007 3. BHIMARAY @ BHIMARAO BENAKAJI KULKARNI AGED ABOUT 70 YEARS, OCC. AGRICUTLURE R/O GODBOLE MALA, NEAR TILAK KANYA SHALA MEENAKSHI CHOWK, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6609 CRL.P No. 100151 of 2024 VIJAYAPUR 586101 …PETITIONERS (BY SRI. SAURABH SONDUR, ADVOCATE FOR SRI. K L PATIL,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH AIGALI POLICE STATION BELAGAVI. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH 580011 2. SRI PARASHURAM YAMANAVVA GADADI AGED ABOUT 47 YEARS, OCC. LABOURER R/O AIGALI VILLAGE, TQ. ATHANI, DIST. BELAGAVI 591248 …RESPONDENTS (BY SRI ASHOK T KATTIMANI, AGA FOR R1 R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THE PRESENT PETITION AND QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS/ACCUSED NO. 1 TO 3 IN AIGALI POLICE STATION CRIME NO. 103/2023 WHICH IS REGISTERED AS SPL. CASE NO. 591/2023 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS COURT, BELAGAVI, REGISTERED FOR THE OFFENCES P/U/SEC. 504, 506 R/W SEC. 34 OF IPC AND SEC. 3(1) (r), 3(1)(s), 3(2)(va) OF THE SC AND ST (PREVENTION OF ATROCITIES ACT) AMENDMENT ACT 2015 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA) 1. The petitioners are accused No.1 to 3 and are challenging the criminal proceedings which has culminated in filing of the - 3 - NC: 2025:KHC-D:6609 CRL.P No. 100151 of 2024 charge sheet for the offences punishable under Sections 504, 506 r/w Section 34 of IPC and Sections 3(1) (r), 3(1)(s), 3(2) (va) and 3(1) (z) of the SC and ST (Prevention of Atrocities Act) Amendment Act 2015. 2. A perusal of the complaint indicates that the 2nd respondent had abused his caste during the course of a telephonic conversation. Even in the charge sheet, the same allegation is made. If an allegation of casting aspersion on the basis of the caste is made over a telephonic conversation, the question of provisions under the SC and ST Atrocities Act being applicable would not arise. 3. It may also be pertinent to notice that though the incident is alleged to have taken place on 08.08.2023, the complaint was lodged only on 26.08.2023 i.e., after nearly 18 days. 4. Learned counsel for the petitioner also points out that in respect of the land in question, a civil suit in O.S. No.1103/2023 is also pending between the parties. 5. In the light of the above, in my opinion, there is no justification for continuing the proceedings as it is a clear of - 4 - NC: 2025:KHC-D:6609 CRL.P No. 100151 of 2024 abuse of process of Court. Consequently, criminal petition is allowed and the impugned proceedings are quashed. Sd/- (N.S.SANJAY GOWDA) JUDGE BS List No.: 19 Sl No.: 1