- 1 - HC-KAR NC: 2025:KHC-D:9696 CRL.P No. 102088 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102088 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: RAJU @ RAJEEV S/O KALLANAGOUDA MUDIGOUDAR, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: BEERANUR VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587 208. … PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH BADAMI POLICE STATION, BAGALKOT DISTRICT-587 201. 2. RAMANAGOUDA S/O BASAVARAJ BUDIHAL, AGE: MAJOR, OCC: AGRICULTURE, R/O: WADAVATTI VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587 201. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, ADVOCATE FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1409/2021 (CRIME NO.95/2021 OF BADAMI POLICE STATION) ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, BADAM SO FAR AS THE PETITIONER/ACCUSED NO.3 IS CONCERNED, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 341, 504, 506 R/W SECTION 34 OF IPC, IN ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9696 CRL.P No. 102088 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.3 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.1409/2021 pending before the Court of Principal Civil Judge and JMFC, Badami arising out of Crime No.95/2021 registered by Badami Police Station, Bagalkote for offences punishable under Sections 323, 341, 504, 506 read with Section 34 of IPC. 2. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that allegation against accused No.3 are omnibus in nature. No specific overt acts are found against him in the FIR or in the charge sheet filed for the aforesaid offences. Accordingly, he prays to allow the petition. 3. Per contra, learned HCGP submits that allegations against accused Nos.1 to 4 are identical. The first informant, who is the victim in the present case has clearly stated that all the accused persons had wrongfully - 3 - HC-KAR NC: 2025:KHC-D:9696 CRL.P No. 102088 of 2024 retrained him and had assaulted him after criminally intimidating him. 4. Perusal of the material on record would go to show that FIR in the present case was registered against four named accused for offences punishable under Sections 323, 341, 504 and 506 read with Section 34 of IPC. It appears that there is some civil dispute between the parties and it is in this background accused persons named in the FIR had restrained the first informant near Beerappanagudi in their village and after criminally intimidating him, had assaulted him with their hands. During the course of investigation, prosecution has recorded the statement of CW4 to CW8, who are the alleged eye witnesses to the incident in question. All together 10 charge sheet witnesses are cited in the present case. The alleged eye witnesses cited in the present case have spoken about the role of the accused and their statement corroborates the statement of CW1, who is the victim in the present case. Therefore, it cannot - 4 - HC-KAR NC: 2025:KHC-D:9696 CRL.P No. 102088 of 2024 be said that omnibus allegations are found as against the petitioner and he cannot be prosecuted for the alleged offences. Under these circumstances, I do not find any good ground to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE Rsh / CT:BCK LIST NO.: 1 SL NO.: 52