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2025 DAILYLAW 65461 (KAR)

ASHOK SHANKARAPPA HUGAR v. THE STATE OF KARNATAKA

CRL.P/102514/2025 · 2025-07-30

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:9411 CRL.P No. 102514 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102514 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: ASHOK S/O SHANKARAPPA HUGAR, AGE: 68 YEARS, OCC: RTD. SERVICE, R/O: 15B DAYANAND COLONY, NAGASHETTIKOPPA, HUBBALLI-580 023, DIST: DHARWAD. … PETITIONER (BY SRI. ASHOK S. HUGAR, PARTY IN PERSON) AND: 1. THE STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH THE TOWN POLICE STATION, DHARWAD. 2. BASANAGOUDA SHIVAJATAGOUDA PATIL, AGE: 55 YEARS, ADVOCATE, LAW PRACTITIONER AT DHARWAD, R/O: SHIVAGANGA NAGAR, SAVADATTI ROAD, DHARWAD-580 008. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.22/2025 REGISTERED ON 06.03.2025, AS AGAINST THE PETITIONER/ACCUSED NO.1 BY THE TOWN POLICE STATION DHARWAD AND THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE COURT OF II ADDITIONAL CIVIL JUDGE AND JMFC DHARWAD DIST: DHARWAD, FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 329(4), 351(2), 351(3), 352, 74 OF BNSS, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 12:04:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9411 CRL.P No. 102514 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused / party-in-person is before this Court assailing the correctness of the FIR in Crime No.22/2025 registered by Dharwad Town Police Station, Hubballi – Dharwad District for the offences punishable under Sections 329(4), 351(2), 351(3), 352 and 74 of the BNSS, 2023. 2. Heard the petitioner and the learned HCGP for the respondent No.1. 3. From the perusal of the averments found in the first information, it is found that the allegation against the petitioner is that he had trespassed into the house of first informant and after abusing the wife of the first informant allegedly tried to outrage her modesty. It is further alleged that petitioner intimidated the inmates of the house of the - 3 - HC-KAR NC: 2025:KHC-D:9411 CRL.P No. 102514 of 2025 first informant. FIR has been registered against the petitioner for cognizable offences. 4. Under the circumstances, considering the nature of allegations found in the first information, I am of the opinion that the investigation is necessary to find out the correctness or otherwise of the allegations made against the petitioner. Therefore, at this stage, the prayer made by the petitioner for quashing the FIR cannot be granted. 5. Accordingly, this petition is dismissed with liberty to the petitioner to assail the final report filed in the present case after investigation, if the same is adverse to his interest. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 63