- 1 - NC: 2025:KHC-D:1215 CRL.P No. 102140 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102140 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MABUSAB S/O. NABISAB HALYAL, AGE: 60 YEARS, R/AT: BADAGERI, KALAGHATAGI-581 204. 2. BASHASAB S/O. NABISAB HALYAL, AGE: 50 YEARS, R/AT: BADAGERI, KALAGHATAGI-581 204. 3. MADRANSAB S/O. NABISAB HALYAL, AGE: 45 YEARS, R/AT: BADAGERI, KALAGHATAGI-581 204. 4. BABUSAB S/O. FAKRUSAB HALYAL, AGE: 50 YEARS, R/AT: BADAGERI, KALAGHATAGI-581 204. 5. MADRANSAB S/O. FAKRUSAB HALYAL, AGE: 45 YEARS, R/AT: BADAGERI, KALAGHATAGI-581 204. 6. HATELSAB S/O. FAKRUSAB HALYAL, AGE: 45 YEARS, R/AT: BADAGERI, KALAGHATAGI-581 204. … PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, KALAGHATAGI POLICE STATION, HUBBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:46 +0530 - 2 - NC: 2025:KHC-D:1215 CRL.P No. 102140 of 2024 2. THE TAHSILDAR AND TALUKA MAGISTRATE, KALAGHATAGI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, QUASH THE SHOW CAUSE NOTICE DATED 31.06.2024 AND FURTHER PROCEEDINGS AGAINST THE PETITIONER AS INITIATED BY THE TAHSILDAR AND TALUKA MAGISTRATE, KALAGHATAGI IN “KRA.M.A.G/CC/C.R/86/2024-25” AGAINST THE PETITIONER U/S 111 OF CR.P.C. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners challenge the notice issued under Section 107 of the Cr.P.C., calling upon the petitioners to show cause as to why they should not be ordered to execute a bond for keeping the peace for the specified period. The impugned notice was issued primarily on the ground that a civil suit is pending between the petitioners and other parties. 2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondents No.1 and 2. 3. Section 107 of the Cr.P.C. provides that when an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb public tranquility, or to do any wrongful act that may probably occasion a breach of the peace or disturb public tranquility, and if the Magistrate is of the opinion that there is sufficient - 3 - NC: 2025:KHC-D:1215 CRL.P No. 102140 of 2024 ground for proceeding, they shall issue a show cause notice calling upon the person to execute a bond. 4. Upon perusal of the impugned notice, it is observed that, except for mentioning that a civil suit is pending between the parties concerning the subject land, there is no opinion formed by the respondent indicating that the petitioner is likely to disturb public peace and tranquility. The mere pendency of the suit cannot serve as a valid ground for invoking Section 107 of the Cr.P.C., as there are no essential elements required under Section 107 to justify the call for executing a bond. Therefore, the impugned notice issued by the respondent lacks authority and is not legally sustainable. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned notice dated 31.06.2024 passed by the respondent No.2, at Annexure-A is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 3 Sl No.: 2