- 1 - HC-KAR NC: 2025:KHC-D:10216 CRL.P No. 101990 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101990 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MR. YALLAPPA S/O DEVAPPA GURIKAR, AGE. 76 YEARS, OCC. AGRICULTURE, R/AT. BATAPANAHALLI, KUKNOOR TALUK, KOPPAL DISTRICT. 2. MR. SHEKAPPA S/O DEVAPPA GURIKAR, AGE. 67 YEARS, OCC. AGRICULTURE, R/AT. BATAPANAHALLI, KUKNOOR TALUK, KOPPAL DISTRICT. … PETITIONERS (BY SRI. T.H. AVIN, ADVOCATE) AND: 1. THE STATE BY KUKNOOR, POLICE STATION , KUKNOOR TALUK, KOPPAL DISTRICT, REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. MR. BHIMAREDDY S/O CHANNABASAPPA SHADLAGERI, AGED ABOUT 52 YEARS , R/AT. CHIKENAKAOPPA, YALBURGA TALUK, KOPPAL DISTRICT-583 236. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. H.N. GULARADDI, ADVOCATE FOR R2) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10216 CRL.P No. 101990 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO CALL FOR THE ENTIRE RECORDS AND TO QUASH THE FIR, COMPLAINT, AS PER ANNEXURE ‘A’ AND ‘B’, CHARGE SHEET ANNEXURE-‘C’ AND ENTIRE PROCEEDINGS IN KUKNOOR POLICE STATION CR. NO.39/2015, DATED 26.03.2015 REGISTERED BY THE RESPONDENT NO.1 NOW PENDING ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC, AT YALBURGA IN C.C. NO.162/2015 AND THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C. YALBURGA UNDER SECTION 319 OF CODE OF CRIMINAL PROCEDURE DATED 02.08.2023 AS PER ANNEXURE-H. 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 under Section 482 of the Cr.P.C. with a prayer to set aside the order dated 02.08.2023 passed by the Court of the Senior Civil Judge and JMFC, Yelburga in C.C. No.162 of 2015 registered for the offences punishable under Section 143, 147, 447, 504, 506 and 149 of the IPC and consequently, to quash the entire proceedings against the petitioners in the aforesaid case. 2. Heard the learned counsel appearing for the parties. - 3 - HC-KAR NC: 2025:KHC-D:10216 CRL.P No. 101990 of 2023 3. FIR in Crime No.39 of 2015 was filed by the Kuknoor Police Station, Yelburga Circle, Koppal, for the aforesaid offences against Yallappa S/o. Devappa Gurikar and fourteen others. The petitioners were arrayed as accused Nos.1 and 2 in the FIR. However, in the charge sheet which was filed after investigation, petitioners were dropped and charge sheet was filed against six persons. The de facto complainant Bhimareddy S/o. Channabasappa Syadalageri was examined before the trial Court as PW1 and he allegedly had stated before the Trial Court during the course of his deposition about the role of the petitioners herein in the alleged crime. Thereafter, the prosecution had filed an application under Section 319 of the Cr.P.C. to try the petitioners herein for the charge sheeted offences along with other accused. The said application was allowed by the trial Court vide order impugned and aggrieved by the same the petitioners are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:10216 CRL.P No. 101990 of 2023 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition, prays to allow the petition. 5. Per contra, learned HCGP and the learned counsel for respondent No.2 have opposed the petition. 6. Perusal of the material on record would go to show that though the petitioners’ name was found in the FIR, in view of the subsequent statement of the first information allegedly made before the Investigation Officer, the petitioners were not charge sheeted. During the course of trial, the de facto complainant (CW1) was examined before the trial court in C.C. No.162 of 2015 as PW1. In the deposition of PW1, though he has stated that charge sheet is filed only against six persons and the remaining nine persons named in the FIR were not charge sheeted, he has not made any statement either against the petitioners or the other accused persons, who were not charge sheeted, which would prima facie attract the - 5 - HC-KAR NC: 2025:KHC-D:10216 CRL.P No. 101990 of 2023 alleged offences against them. The trial Court has failed to appreciate this aspect of the matter, and merely on the basis of a stray statement made by PW1, the application filed by the prosecution has been allowed. Reading of the said statement made by PW1 would prima facie not make out a case against the petitioners for the alleged offences. 7. The consequence of allowing of an application under Section 319 of the Cr.P.C. is very serious, and therefore, unless the prosecution has produced such material, which if remains uncontroverted, would end in conviction of the accused, an application filed under Section 319 of the Cr.P.C. cannot be entertained. In the case on hand, no such material is found in the deposition of PW1 and therefore, I am of the opinion that trial Court was not justified in allowing the said application. Accordingly, the following: ORDER (i) The Criminal Petition is partly allowed. - 6 - HC-KAR NC: 2025:KHC-D:10216 CRL.P No. 101990 of 2023 (ii) The order dated 02.08.2023 passed by the Court of the Senior Civil Judge and JMFC, Yelburga in C.C. No.162 of 2015 registered for the offences punishable under Section 143, 147, 447, 504, 506 and 149 of the IPC, allowing the application filed by the prosecution under Section 319 of the Cr.P.C. is set aside. (iii) In view of the disposal of the petition, pending applications, if any, do not survive for consideration and are accordingly disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 53