- 1 - HC-KAR NC: 2025:KHC-D:7524 CRL.P No. 101201 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101201 OF 2020 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SRI. SANDEEP S/O. SIDDALING PUJERI, AGED ABOUT 19 YEARS, OCC: STUDENT, R/O. KABBUR VILLAGE, TQ: CHIKKODI, DIST: BELAGAVI. …PETITIONER (BY SRI. RAMACHANDRA MALI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY CHIKKODI POLICE, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SRI. SHIVAJI S/O. GOPAL PAWAR, AGED 38 YEARS, OCC: RESTAURANT MANAGER, R/O. KAROSHI, TAL: CHIKKODI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. RAMESH ZIRALI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS IN C.C.NO.394/2020 CHIKKODI (P.S. CRIME NO.39/2019) ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, CHIKKODI AND QUASH THE COMPLAINT & FIR IN CHIKODI P.S.CRIME NO.39/2019 AS WELL AS THE ENTIRE PROCEEDINGS IN C.C. NO.394/2020 CHIKKODI (P.S.CRIME NO.39/2019) ON THE FILE PRL. CIVIL JUDGE AND JMFC, CHIKKODI REGISTERED FOR THE OFFENCES PUNISHABLE U/S.307, 324, 504, 506 R/W.34 OF IPC, IN SO FAR AS THE PETITIONER HEREIN IS CONCERNED IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7524 CRL.P No. 101201 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Ramachandra Mali, the learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned HCGP for respondent No.1 – State and Sri. Ramesh Zirali, learned counsel for respondent No.2. 2. The petitioner – accused No.3 has filed this petition under Section 482 of Cr.P.C. to quash the proceedings in Crime No.39/2019 for the offences punishable under Sections 307, 324, 504, 506 read with Section 34 of IPC. 3. The brief facts of the prosecution case are as under: On 24.03.2019 at about 04:50 p.m., the petitioner and accused Nos.1 and 2 had been to Jayamata Bar and Restaurant Nagarmunnoli, where the petitioner and two others were consuming alcohol and interacting with each - 3 - HC-KAR NC: 2025:KHC-D:7524 CRL.P No. 101201 of 2020 other in a louder manner, thus, the first informant, being the manager of Bar and Restaurant, advised them, as to not to raise their voice, thus accused began to quarrel with the first informant without any reason. The petitioner and other accused persons abused the first informant in filthy language and accused No.1 with an intention to murder him, removed a knife from his pocket and held it to his throat. When the first informant tried to escape, he was hit with knife to his left ear by accused No.2 and the petitioner herein hit him with the wooden log. Hence, the first informant sustained injury. Accordingly, a complaint was lodged, which led to the registration of an FIR and initiation of investigation and after completion of the investigation, the Investigating Officer laid the charge sheet for the aforesaid offences. 4. The learned Magistrate after accepting the charge sheet, took cognizance for the aforesaid offences and committed the case to the Court of Sessions. Taking - 4 - HC-KAR NC: 2025:KHC-D:7524 CRL.P No. 101201 of 2020 exception to the same, this petition is filed by accused No.3. 5. Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. 6. Perused the charge sheet materials. The complainant and CW6 has categorically and specifically stated that as on the date of incident, accused No.1 assaulted with knife on the left ear of first informant and caused bleeding injuries and so far as accused No.3 is concerned, he assaulted the victim with wooden log and caused injuries. As per the charge sheet material and wound certificate, there is only one sharp injury caused by the knife and as per the opinion of the Doctor, the injury sustained by the first informant is simple in nature. So far as the intention and criminal antecedents are concerned, there is no specific allegation made against the petitioner as to how and in what manner the petitioner assaulted or abused the first informant. - 5 - HC-KAR NC: 2025:KHC-D:7524 CRL.P No. 101201 of 2020 7. In the absence of any material that the petitioner involved in the offences such as Sections 307, 504, 506 and 324 of IPC, the continuation of criminal proceedings as against this petitioner – accused No.3 will be an abuse of process of law and the same requires to be quashed. Accordingly, I proceed to pass the following: ORDER i) Criminal petition is hereby allowed. ii) The complaint, FIR in Chikodi P.S. Crime No.39/2019 and the entire proceedings in C.C. No.394/2020 pending on the file of Prl. Civil Judge and JMFC, Chikkodi is hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 24