SRI. ISHWAR S/O. BASAVARAJ YALASANG v. THE STATE OF KARNATAKA
CRL.P/103930/2025 · 2025-11-20
S Rachaiah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61553 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61553 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:16004 CRL.P No. 103930 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. 103930 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN:
1.
SRI. ISHWAR S/O. BASAVARAJ YALASANG, AGE. 33 YEARS, OCC. OTHERS PI SPECIFY R/AT NEAR HOSUR, HORAHATTI GALLI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT-587114.
2.
SRI. PRADEEP S/O. PARIKSHIT DESHPANDE, AGE. 30 YEARS, OCC. MEDIA PERSON, R/AT NEAR HOSUR, KUBAR GALLI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT-587114.
3.
SRI. SANGAPPA MADAR URF KATTIMANI S/O. KALLAPPA URF NARASAPPA, OCC. LABOURER, R/AT RABKAVI, HARIJAN GALLI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT-587314.
4.
SRI. DANESH URF DANAPPA SHIROL S/O. PRAKASH, OCC. MEDIA PERSON, R/AT RABKAVI, VIDYA NAGAR, NEAR LAXMI TEMPLE, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587314.
…PETITIONERS
Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025
(BY SMT. DEEPA PAVAN DODDATTI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS POLICE SUB-INSPECTOR, POLICE STATION, BANAHATTI PS, DIST. BAGALKOT-587314, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.
2.
SMT. CHANDRAWWA S/O. YAMANAPPA MANTUR, AGE. 35 YEARS, OCC. HOUSEWIFE, R/AT NAVALAGI NEAR WATER TANK, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587311.
…RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. GANESH RAIBAGI, ADVOCATE FOR R2 (VK FILED IN COURT 20.11.2025)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.4 TO 7 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 109, 308(4), 352, 190 OF BNS 2023 AND SECTION 3(1)(R), 3(2)(V) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT BILL 2015 IN CRIME NO.36/2025 IN BANAHATTI POLICE STATION AND IN SPL.C.NO.53/2025 PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1. Sri. Ganesh Raibagi, 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:
“1. I state that I am the Respondent No.2 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
- 4 -
HC-KAR NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025
Section 528 of BNSS From paras 01 to 07 are true and correct.
3. 1 state that, I and victim, Petitioners/Accused No.4 to 7 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, Charge sheet 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.4 to 7 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, 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. The Petitioners and the
- 5 -
HC-KAR NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025
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 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.
- 6 -
HC-KAR NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025
v) The Trial Court is directed to release the amount deposited by the petitioner in favour of the complainant on proper identification. 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.: 1 Sl No.: 5