- 1 - NC: 2025:KHC-D:2882 CRL.P No. 102176 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.102176 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. KRISHNA @ KITTI, S/O. B. AMBANNA, AGE. 35 YEARS, OCC. HOME GUARD, R/O. 21ST WARD, NEAR SHUGAR FACTORY, VINAYAK NAGAR, KAMPLI-583132, DIST. BALLARI. 2. SRI. CHANDRASHEKAR, S/O. AMBANNA AGE. 50 YEARS, OCC. LABOURER, R/O. INDIRA NAGAR, KAMPLI-583132, TAL. AND DIST. BALLARI. 3. SRI. RENUKA, D/O. AMBANNA, AGE. 42 YEARS, OCC. HOUSEWIFE, R/O. INDIRA NAGAR, KAMPLI-583132, TAL. AND DIST. BALLARI. …PETITIONERS (BY SRI. AVINASH MALIPATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH GANGAVATHI TOWN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA DHARWAD, BENCH AT DHARWAD-580001. 2. SRI. SRINIVASALU B, S/O. B AMBANNA, AGE. 55 YEARS, OCC. SECURITY, R/O. KAMPLI, NOW AT NEAR TAYAMMA TEMPLE, JULY NAGAR, GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL-583227. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 SRI. PRASHANT MATHAPATI, ADVOCATE FOR R2) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:41 +0530 - 2 - NC: 2025:KHC-D:2882 CRL.P No. 102176 of 2023 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN S.C.NO. 60/2023 REGISTERED FOR THE OFFENCES P/U/SEC. 143, 147, 148, 307, 323, 326, 504, 109 R/W 149 OF IPC PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE KOPPAL IN SO FAR FOR PETITIONERS ACCUSED NO. 3 TO 5 ARE CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos.1 to 3, who are facing trial for offences punishable under Sections 143, 147, 148, 323, 326, 307, 504, and 109 read with Section 149 of the IPC, 1860, have approached this Court seeking quashing of the criminal proceedings in S.C. No.60/2023, pending before the Principal District & Sessions Judge, Koppal. 2. The prosecution alleges that the complainant is the husband of the victim; accused No.1 is the daughter of the complainant; accused No.2 is the wife of accused No.3; accused Nos.3 and 4 are the brothers of the complainant; and accused No.5 is the sister of the complainant. The accused believed that the victim (wife of the complainant) was practicing black magic, which led to frequent quarrels. It is alleged that on 24.12.2022, accused Nos.1 and 2 threw chilli powder on the victim’s face, dragged her to the roadside, and assaulted her with a sickle on her face, ears, and hands. It is further alleged that accused No.2 instigated the assault, and accused No.1 kicked the victim. The only allegation against - 3 - NC: 2025:KHC-D:2882 CRL.P No. 102176 of 2023 accused Nos.3 to 5 is that they instigated accused Nos.1 and 2 to assault the victim. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1 – State, and the learned counsel for respondent No.2. 4. A perusal of the charge sheet material indicates that, apart from the general allegation that the petitioners/accused Nos.3 to 5 instigated accused Nos.1 and 2, there is no specific overt act attributed to them in terms of assaulting or abusing the victim or the complainant. The charge sheet does not clearly detail how and in what manner accused Nos.3 to 5 instigated accused Nos.1 and 2. Other than the mere presence of accused Nos.3 to 5 at the scene of the incident, there is no material evidence to constitute the commission of the alleged offence. 5. In these circumstances, the continuation of criminal proceedings against the petitioners/accused would amount to an abuse of process of law. 6. Accordingly, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in S.C. No.60/2023 pending on the file of the Principal District and - 4 - NC: 2025:KHC-D:2882 CRL.P No. 102176 of 2023 Sessions Judge, Koppal, insofar as it relates to petitioners/accused Nos.3 to 5, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 22