- 1 - HC-KAR NC: 2025:KHC-D:16003 CRL.P No. 104668 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104668 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. PRASHANT BHIMAPPA NAYAK S/O. BHIMAPPA NAYAK, AGE. 37 YEARS, OCCUPATION. FARMER, R/O. BANAHATTI LAXMI NAGAR, TQ. RABAKAVI, DIST. BAGALKOT, KARNATAKA-587311. 2. RAVI MAHADEVI KARISHETTI S/O. MAHADEVI KARISHETTI, AGE. 31 YEARS, OCCUPATION. LABOURER, R/O. HOSUR VILLAGE NEAR DURGADEVI TEMPLE, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT, KARNATAKA-587311. 3. NARASINH HANAMANT GADAKAR URF SIKKALGAR S/O. HANAMANT SIKKALGAR, AGE. 35 YEARS, OCCUPATION. LABOURER, R/O. YALLATTI NEAR WATER TANK, TQ. RABAKAVI, BANAHATTI, DIST. BAGALKOT, KARNATAKA-587311. 4. DHANESH MARUTI BHAJANTRI S/O. MARUTI BHAJANTRI, AGE. 21 YEARS, OCCUPATION. DRIVER, R/O. KULAHALLI NEAR MALINGARAYA TEMPLE, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, KARNATAKA-587311. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16003 CRL.P No. 104668 of 2025 5. MANJUNATH GANAPATI KAMBLE S/O. GANAPATI KAMBLE, AGE. 29 YEARS, OCCUPATION FARMER, R/O. KANNOLLI, TQ. JAMAKHANDI, N/W AT. NAKUR, TQ. JAMAKHANDI, DIST. BAGALKOT, KARNATAKA-587301. …PETITIONERS (BY SRI. AVINASH M.ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BANAHATTI POLICE STATION, BAGALKOT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. CHANDRAWWA MANTUR W/O. YAMANAPPA MANTUR, AGE. 35 YEARS, OCC. HOUSEWIFE, R/O. NAVALAGI NEAR WATER TANK, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, KARNATAKA-587311. 3. YAMANAPPA KUTNAPPA MANTUR S/O. KUTNAPPA MANTUR, AGE. 44 YEARS, OCC. HOUSEWIFE, R/O. NAVALAGI NEAR WATER TANK, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT, KARNATAKA-587311. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. MAHANTESH S.HIREMATH, ADV. FOR R2 (VK FILED IN COURT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONERS/ACCUSED NO.02, 3, 8 TO 10 IN SPL. C NO.53/2025 PENDING ON THE FILE BEFORE THE IV ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT ARISING OUT OF COMPLAINT DATED 04.03.2025, FIR IN CRIME NO.0036/2025, - 3 - HC-KAR NC: 2025:KHC-D:16003 CRL.P No. 104668 of 2025 CHARGE SHEET NO.31/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 189(2), 191(2), 109, 308(4), 352, 190 OF BNS-2023 AND SECTION 3(1)(R), 3(2)(V) OF THE SCHEDULED CAST AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT- 1989 IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Sri. Mahantesh S. Hiremath, learned counsel has filed vakalath for respondent No.2. 2. The same is taken on record. 3. Learned counsel for the petitioners filed an application under Section 359 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, stating that the matter has been settled between the petitioners and the respondent. 4. The averments of the affidavit of respondent No.2/complainant accompanying the application are as under: - 4 - HC-KAR NC: 2025:KHC-D:16003 CRL.P No. 104668 of 2025 “1. I state that I am the Respondent No.02 in the above case and I am well conversant with the facts of the case. Hence I am swearing to this affidavit. 2. I state that the averments made in the Application under Section 359 R/W under Section 528 of BNSS From paras 01 to 07 are true and correct. 3. I state that, I and victim, Petitioners/Accused No.02, 3, 8 to 10 are known to me. It was misunderstanding from my side that Petitioners was involved in the alleged incident. The Petitioners has not harassed or done any alleged offences mentioned in the FIR in Crime No.0036/2025 or in Compliant, Chargesheet No. 031/2025 which is registered by Banahatti Police station. 4. That during the pendency of these proceedings the myself and Petitioners have amicably settled the matter. Now, I hereby withdraw all the allegations made against Petitioners and have no objection to quash the entire proceedings against the Petitioners/Accused No.02, 3, 8 to 10 in SPL. C No.53/2025 pending on the file before The Hon'ble IV Addl. District And Sessions Judge, Bagalkot arising out of complaint dated 04.03.2025, FIR in Crime No.0036/2025, Chargesheet No.31/2025 for the alleged offences punishable under section 189(2), 191(2), 109, 308(4), 352, 190 Of BNS-2023 and section 3(1)(r), 3(2)(v) of the Scheduled cast and scheduled tribes (Prevention of Atrocities) act- 1989. The Petitioners and the Respondent No.2 and victim have undertaken to put an end to this case. 5. I the deponent above named hereby verify and declare that this is my name and - 5 - HC-KAR NC: 2025:KHC-D:16003 CRL.P No. 104668 of 2025 signature. The contents of the affidavit are true to the best of my knowledge behalf on information.” 5. Considering the averments made in the affidavit, there is no embargo on this Court to record the settlement. 6. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the settlement. ii) The entire proceedings in Special Case No.53/2025 on the file of IV Additional District and Sessions Judge, Bagalkote, is hereby quashed. iii) The petitioners are acquitted for the alleged offences. iv) The bail bonds executed against the petitioners stands cancelled. v) The Trial Court is directed to release the amount deposited by the petitioner in favour of the complainant on proper identification. - 6 - HC-KAR NC: 2025:KHC-D:16003 CRL.P No. 104668 of 2025 vi) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 4 Sl No.: 1