- 1 - NC: 2025:KHC-D:2269 CRL.P No. 101904 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101904 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. LATA W/O. RAMESH ALAVANDIKAR AGE. 54 YEARS, OCC. HOUSEWIFE, PO. KAVALUR, TQ AND DIST. KOPPAL-583226. 2. CHAITNYA @ CHETAN S/O. RAMESH ALAVANDIKAR, AGE. 30 YEARS, OCC. STUDENT, PO. KAVALUR, TQ AND DIST. KOPPAL-583226. 3. SANTOSH S/O. RAMRAO SAMADAGOUDA AGE. 34 YEARS, OCC. PRIEST, R/O. BANNI KATTI, KOPPAL, TQ AND DIST. KOPPAL-583226. 4. SATISH S/O. VENKANAGOUDA SAMAGOND AGE. 39 YEARS, OCC. COOK, R/O. MANGALOR, NOW AT BANNIKATTI, KOPPAL, TQ AND DIST. KOPPAL-583226. 5. BABU RAMESHGOUDA S/O. VENKANAGOUDA POLICEPATIL, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. KAVALUR, TQ AND DIST. KOPPAL-583 226. 6. SAMEERGOUDA S/O. SUBASHAGOUDA POLICE PATIL, AGE. 39 YEARS, OCC. AGRICULTURE, R/O. KAVALUR, TQ AND DIST. KOPPAL-583226. 7. SUDEERAGOUDA S/O. SUBHASHAGOUDA POLICE PATIL, AGE. 34 YEARS, OCC. STUDENT, R/O. KAVALUR, TQ AND DIST. KOPPAL-583226. …PETITIONERS (BY SRI. H.N.GULARADDI, ADVOCATE) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 15:50:21 +0530 - 2 - NC: 2025:KHC-D:2269 CRL.P No. 101904 of 2023 AND: 1. THE STATE OF KARNATAKA THROUGH ALAVANDI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. 2. VINAY S/O. MANOHAR DESAI AGE. 35 YEARS, OCC. POOJARI, R/O. KAVALUR, TQ AND DIST. KOPPAL-583226. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; R2-DECEASED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ORDER OF TAKING OF COGNIZANCE AND ISSUANCE OF SUMMONS DATED 18.03.2019 IN C.C.NO. 393/2019 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC KOPPAL FOR THE OFFENCES P/U/SEC. 143, 17, 427, 504,506 R/W SEC. 149 OF IPC AND THEREBY QUASH ENTIRE PROCEEDINGS IN SO FAR PETITIONER/ACCUSED NO. 2 TO 8 ARE CONCERNED IN ALAWANDI PS CRIME NO.213/2018, PRODUCED AT ANNEXURE-D. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for the offences punishable under Sections 143, 147, 427, 504, 506 read with Section 149 of the Indian Penal Code (IPC), are before this Court seeking relief. 2. The prosecution alleges that when the complainant, who is an Archak, was performing pooja at the Laxmi Venkateshwar Temple on 12.10.2018 during the Dasara festival, the petitioners/accused persons unlawfully assembled, abused him in filthy language, threatened him with - 3 - NC: 2025:KHC-D:2269 CRL.P No. 101904 of 2023 dire consequences, assaulted him on his head and back, and also damaged the temple. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. Respondent No. 2 is deceased. 4. After considering the arguments of the learned counsel for the parties, the following is noted: 5. The police have produced the wound certificate along with the charge sheet material issued by the District Hospital, Koppal. A perusal of the wound certificate indicates that there is no external injury caused to the deceased due to the alleged assault by the petitioners/accused. Except for making omnibus and general allegations, there is no specific overt act against each of the petitioners detailing how and in what manner they abused, assaulted, and threatened the deceased with dire consequences. The dispute between the parties is related to the performance of pooja in the temple, which is purely civil in nature, but has been given a criminal hue. 6. The petitioners cannot be prosecuted solely on the basis of omnibus and general allegations, as the trial court cannot frame charges in the absence of specific overt acts against each of the petitioners/accused, detailing how and in what manner they abused, assaulted, and threatened the deceased. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No. 393/2019 on the file of the learned Additional Civil Judge and JMFC, Koppal, are hereby quashed. - 4 - NC: 2025:KHC-D:2269 CRL.P No. 101904 of 2023 8. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 2