- 1 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103409 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. IRAPPA S/O LAXMAN BIRADAR, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. JAMBAGI B.K., TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. VISHWANATH S/O SHRISHAIL BADAGI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. JAMBAGI B.K., TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 3. SHRISHAIL S/O MAHALINGAPPA BADAGI, AGE. 56 YEARS, OCC. AGRICULTURE, R/O. JAMBAGI B.K., TQ. JAMKHANDI, DIST. BAGALKOT-587 330. DISMISSED AS ABATED V/O/DATED 16.01.2025. … PETITIONERS (BY SRI. GIRISH A. YADAWAD, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 AND: 1. STATE OF KARNATAKA, REPRESENTED BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 004, THROUGH PSI, SAVALAGI POLICE STATION, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. MALLIKARJUN S/O RAMAPPA BADAGI, AGE. 50 YEARS, OCC. FARMER, R/O. JAMBAGI B.K., TQ. JAMKHANDI, DIST. BAGALKOT-587 330. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.191/2024 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC JAMKHANDI, (SAVALAGI PS CRIME NO.80/2023) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 354, 447, 448, 504, 506 AND 34 OF IPC, 1860, IN SO FAR AS IT PERTAINS TO THE PETITIONERS/ACCUSED NO.1, 2 AND 4, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioners are before this Court with a prayer to quash the entire proceedings in C.C. No.191 of 2024 pending before the Court of Principal Civil Judge and JMFC, Jamkhandi arising out of Crime No.80 of 2023 registered by Savalgi Police Station for offences punishable under Sections 323, 324, 354, 447, 448, 504, 506 read with Section 34 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that there is a civil dispute between the parties and only for the said reason, the impugned criminal proceedings has been initiated by making false allegation against the petitioners. He submits that there are no specific allegations as against petitioner No.1 / accused No.1, either in the first information or in the charge sheet which is filed to prosecute him for alleged offences. He also submits that there is a discrepancy with regard to the time of incident as per the first information and the statement of the victim recorded under Section 164 of Cr.P.C. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 4. Per contra, learned HCGP, who has opposed the petition submits that based on the first information submitted by the wife of accused No.1, FIR in Crime No.81 of 2023 has been registered against respondent No.2 and his wife for offences punishable under Sections 323, 354, 504, 506 read with Section 34 of IPC. Merely for the reason that there is a civil dispute between the parties, the same cannot be a ground to interfere with the criminal proceedings, if material on record would make out a prima facie case against the petitioner. She submits that there are independent eyewitnesses to the incident in question and the victims have suffered injuries in the incident which is supported by medical documents. She accordingly prays to dismiss the petition. 5. Perusal of the material on record would go to show that parties are related to each other and it is not in dispute that there is certain civil dispute pending between the parties. In the alleged incident that had taken place on 29.06.2023, accused persons in the background of the dispute allegedly had abused and assaulted the first informant and his wife and also criminally intimidated them. It is further alleged that the accused persons - 5 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 also had outraged the modesty of the first informant’s wife by pulling her saree. It is under these circumstances, FIR was registered against the petitioners herein, in respect of alleged incident that had taken place on 29.06.2023, based on the first information which was submitted on 30.06.2023. 6. Material on record would also go to show that on 01.07.2023, wife of accused No.1 herein had filed a separate criminal complaint before the very same Police Station against the first informant and his wife, based on which, FIR in Crime No.81 of 2023 was registered for offences punishable under Sections 323, 354, 504, 506 read with Section 34 of IPC. Allegations found in the first information, which has resulted in registering FIR in Crime No.81 of 2023, is also similar to the allegations found in the first information in the present case. It is not in dispute that in both the cases, after completing investigation, charge sheet has been filed by the Police. 7. So far as present case is concerned, the prosecution during the course of investigation has recorded the statement of other eye witnesses, who are cited as charge sheet witnesses namely CW5 to CW9. The Doctor, who has treated the victims - 6 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 and has issued the wound certificates, has been cited as CW10 in the charge sheet. Wound certificate of the victim would clearly go to show that, in the alleged incident, the victim has suffered simple injuries, as a result of assault made by the accused, who had trespassed into the house of the first informant and after abusing the first informant and his wife had also assaulted them and caused the injuries. 8. Merely for the reason that there is some civil dispute between the parties, the same cannot be a ground to quash the criminal proceedings, if the charge sheet material would make out a prima facie case for the alleged offence against the accused. The allegations made against the accused is not only supported by the medical documents which would prima facie show that the first informant and his wife had suffered simple injuries in the incident in question, CW5 to CW9, who are the independent eyewitnesses have also stated about the act committed by the accused persons which would prima facie attract the alleged offences against them. 9. Under the circumstances, it cannot be said that there is no prima facie case to try the accused for the alleged offences. - 7 - HC-KAR NC: 2025:KHC-D:11505 CRL.P No. 103409 of 2024 Therefore, 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.: 95