- 1 - HC-KAR NC: 2025:KHC-K:7895 CRL.P No. 201068 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201068 OF 2025 BETWEEN: 1. RAJASEHKAHAR NAYAK S/O VENKATESH NAYAK AGE 53 YEARS OCC: AGRICULTURE R/O ARKERA VILLAGE TALUK DEVADURGA DIST.RAICHUR - 584 111. 2. BHEEMANAGOUDA NAGADADINNI S/O SABAN AGOUDA AGE 62 YEARS OCC AGRICULTURE R/O DEVADURGA TOWN TALUK DEVADURGA DIST.RAICHUR - 584 111. …PETITIONERS (BY SRI MAHANTESH PATIL, ADV.) AND: THE STATE OF KARNATAKA REPRESENTED BY ADDL SPP HIGH COURT OF KARNATAKA BENCH AT KALABURAGI (THROUGH DEVADURGA P.S. DIST.RAICHUR - 584 111) …RESPONDENT (BY SRI G.P. YADAV, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7895 CRL.P No. 201068 of 2025 THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER DATED 04-02-2023 FOR TAKING COGNIZANCE OF THE OFFENCES AND ALSO QUASH THE INITIATION OF PROCEEDINGS IN CC NO. 320/2023(CRIME NO. 38/2022) FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147, 341 R/W 149 OF IPC, REGISTERED BY DEEVADURGA P.S TALUK, DVADURGA DIST, RAICHUR, WHICH IS NOW PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC, DEVADURGA, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.3 and 9 are before this Court in this petition filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings as against them in CC No.320/2023 pending before the Court of Civil Judge and JMFC, Devadurga, arising out of Crime No.38/2022 registered by Devadurga Police Station, Raichur, for the offences punishable under Sections 341, 143, 147 and 149 of IPC. 2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent. - 3 - HC-KAR NC: 2025:KHC-K:7895 CRL.P No. 201068 of 2025 3. Further proceedings in CC No.320/2023 pending before the Court of Civil Judge and JMFC, Devadurga, arising out of Crime No.38/2022 registered by Devadurga Police Station, Raichur, for the offences punishable under Sections 341, 143, 147 and 149 of IPC, has been quashed by this Court as against accused Nos.1, 2, 5 to 8 and 10 to 21 in Crl.P.No.201646/2024 vide order dated 05.02.2025. In paragraph No.5 of the said order, it is observed as follows:- "5. FIR was registered against the petitioners herein and others in Crime No.38/2022 on the basis of the first information received from Mehamood Pasha, Assistant Sub-Inspector of Police attached to Devadurga Police Station, for the offences punishable under Sections 269, 270 and 149 of IPC. In the first information, it is alleged that accused persons in violation of the COVID –19 restrictions, had acted negligently and without wearing proper mask and without maintaining social distance had participated in a rally on 21.02.2022 at about 11.00 a.m. Charge sheet is now filed for the offences punishable under Sections 341, 143, 147 and 149 of IPC and the allegations in the charge sheet is that petitioners had themselves formed into an unlawful assembly and had arrived near Ambedkar Circle, Devadurga on - 4 - HC-KAR NC: 2025:KHC-K:7895 CRL.P No. 201068 of 2025 21.02.2022 at about 11.00 a.m. and had intercepted the vehicles passing on the road and caused inconvenience to the persons traveling in the said vehicles. Undisputedly, police have not received any complaint from any of the victims, who allegedly were wrongfully restrained by accused persons. The allegations found in the first information and the allegations now found in the charge sheet are totally different. Therefore, I am of the opinion that based on the charge sheet allegations, if petitioners are asked to stand trial for the alleged offences they would be put to unnecessary hardship and injury. Under the circumstances, the impugned criminal proceedings is liable to be quashed…." 4. The reasoning assigned by this Court in Crl.P.No.201646/2024 for quashing the impugned criminal proceedings as against other accused is applicable to the case on hand. Therefore, I am of the opinion that the petitioners' prayer for quashing the impugned proceedings as against them, needs to be granted. Accordingly, the following order:- 5. The petition is allowed. The entire proceedings in CC No.320/2023 pending before the Court of Civil Judge and JMFC, Devadurga, arising out of Crime No.38/2022 registered by - 5 - HC-KAR NC: 2025:KHC-K:7895 CRL.P No. 201068 of 2025 Devadurga Police Station, Raichur, for the offences punishable under Sections 341, 143, 147 and 149 of IPC, as against the petitioners herein, is hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN