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2025 DAILYLAW 59548 (KAR)

SHRI SIDDAPPA S/O MALLESHAPPA NENAGANAHALLI v. THE STATE OF KARNATAKA

CRL.P/102641/2025 · 2025-08-29

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10959 CRL.P No. 102641 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102641 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI SIDDAPPA S/O MALLESHAPPA NENAGANAHALLI, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 2. ARVIND S/O FAKIRAPPA NITTUR, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 3. MALLESHAPPA @ MALLESH S/O BALAPPA CHAPPARAMANI, AGE. 42 YEARS, OCC. ADVOCATE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 4. SANJEEV S/O FAKIRAPPA NITTUR, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 5. SHANKRAPPA S/O BALAPPA CHAPPARAMANI, AGE. 60 YEARS, OCC. AGRICULTURE, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10959 CRL.P No. 102641 of 2025 R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 6. HANAMANTAPPA S/O YAMANAPPA CHAPPARMANI, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 7. SOMAPPA S/O YAMANAPPA CHAPPARAMANI, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 8. MALLAPPA S/O HANAMANTAPPA CHAPPARAMANI, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 9. MALLESHAPPA S/O DYAMAPPA KATTIMANI, AGE. 60 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 10. PRASHANT S/O FAKIRAPPA NITTUR, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 11. SHEKAPPA S/O HANAMANTAPPA NITTUR, AGE. 61 YEARS, OCC. AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:10959 CRL.P No. 102641 of 2025 R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 12. FAKIRESH S/O GOVINDAPPA CHAPPARAMANI, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. 13. MANJAPPA @ MANJUNATH S/O CHAPPARAMANI, AGE. 22 YEARS, OCC. AGRICULTURE, R/O. BALEHOSUR, TQ. SHIRAHATTI, DIST. GADAG-582 116. … PETITIONERS (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH LAKSHMESHWAR P.S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONERS HEREIN/ACCUSED NOS.8, 9, 11, 15, 37, 38, 39, 40, 49, 51, 52, 54, 55 IN S.C.NO.6/2025 ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG ARISING OUT OF LAKSHMESHWAR P.S. CRIME. NO.79/2015 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 307, 323, 324, 504, 506, 427, 109 R/W 149 OF IPC, IN THE ENDS OF JUSTICE. - 4 - HC-KAR NC: 2025:KHC-D:10959 CRL.P No. 102641 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court with a prayer to quash the entire proceedings in S.C.No.6/2025 pending before the Court of Addl. District & Sessions Judge, Gadag, arising out of Crime No.79/2015 registered by Lakshmeshwar Police Station, Gadag District, for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 504, 506, 427, 109 read with 149 IPC. 2. Learned Counsel for the petitioners submits that the co- accused in the impugned proceedings had approached this Court in Crl.P.No.101336/2025 and Crl.P.No.101696/2025 and the said petitions are partially allowed by this Court by order dated 19.08.2025. He prays that this petition may be disposed of in terms of order passed in the aforesaid criminal petitions. 3. Learned HCGP does not dispute the submissions made by the learned Counsel for the petitioners. 4. The submissions made on both sides are placed on record. This petition is allowed in part in terms of the order passed by - 5 - HC-KAR NC: 2025:KHC-D:10959 CRL.P No. 102641 of 2025 this Court in Crl.P.No.101336/2025 and Crl.P.No.101696/2025 disposed of on 19.08.2025. 5. Two separate charge sheets filed in Crime No.79/2015 registered by Lakshmeshwara Police Station, Gadag, which has resulted in registering Special SC/ST Case No.6/2015 and Special SC/ST Case No.6/2025 by the Court of Addl. District & Sessions Judge & Special Judge, Gadag, and consequently the entire proceedings in Special SC/ST Case No.2/2025 on the file of Addl. District & Sessions Judge & Special Judge, Gadag, are quashed. 6. The Investigating Officer is at liberty to file a separate single charge sheet in Crime No.79/2015 registered by Lakshmeshwara Police Station, Gadag District, in compliance of the orders passed by this Court in the earlier criminal petitions referred to herein above. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 44