- 1 - NC: 2025:KHC-D:3056 CRL.P No. 103016 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103016 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHIVAPUTRAPPA S/O MAHALINGAPPA BUDIHAL, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: GOUDRA ONI, LAKKUNDI, GADAG-582 115. 2. CHENNAPPA @ ANANTRAJ S/O NEMARAJ JAINBASTI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: LAKKUNDI, GADAG-582 115. 3. MAHANTESH S/O BASAPPA MENASINAKAI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: LAKKUNDI, GADAG-582 115. 4. RUDRAVVA W/O CHANAPPA PATIL, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: GOUDAR ONI, LAKKUNDI, GADAG-582 115. 5. FAKEERAVVA W/O MALLAPPA SOMANAKATTI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: GUDI ONI, LAKKUNDI, GADAG-582 115. 6. ISHAPPA @ ISHWARAPPA S/O VEERAPPA TIMMAPUR, AGE: 39 YEARS, OCC: FINANCE BUSINESS, R/O: GOURI ONI, LAKKUNDI, GADAG-582 115. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:46 +0530 - 2 - NC: 2025:KHC-D:3056 CRL.P No. 103016 of 2022 7. CHANNAVVA W/O HANAMANTHAPPA BANGARIYAVAR, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O: KURUBAR ONI, LAKKUNDI GADAG-582 115. … PETITIONERS (BY SMT. RUKMINI M. PATIL, ADVOCATE FOR SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH GADAG RURAL POLICE STATION, DIST: GADAG-580 011. … RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 15.07.2022 ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, GADAG PASSED IN SC/ST 10/2018 REGISTERED FOR THE OFFENCES U/S 504, 506, 34 OF IPC AND U/S 3(1)(R)(S) (2) (VA) OF SC/ST PA ACT 2015, AS FAR PETITIONERS/ACCUSED NO.4 TO 8, 10 AND 11 ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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 arraigned as additional accused Nos. 4 to 11 to face trial for offences punishable under Sections 504 and 506 read with Section 34 of the Indian Penal Code (IPC), and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the - 3 - NC: 2025:KHC-D:3056 CRL.P No. 103016 of 2022 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (SC/ST Act), have approached this Court seeking relief. 2. Initially, the petitioners were named as accused in the FIR. However, after investigation, the police dropped them from the charge sheet. During the trial, the complainant was examined as PW1, and in her examination-in-chief, she reiterated the allegations made in the FIR, stating that the petitioners—accused herein—also abused her in filthy language with reference to her caste and threatened her with dire consequences. 3. Based on the testimony of PW1, the prosecution filed an application under Section 319 of the Code of Criminal Procedure (Cr.P.C.), and the Trial Court, by the impugned order, arraigned the petitioners as accused Nos. 4 to 11. However, a perusal of the examination-in-chief of PW1 indicates that, apart from omnibus and general allegations, there is no specific overt act detailing how and in what manner the petitioners—accused Nos. 4 to 11—abused her in filthy language with reference to her caste. 4. It is a settled principle of law that a person cannot be prosecuted solely on the basis of omnibus and general allegations unless a specific overt act is attributed to them. To frame a charge, there must be a clear and specific overt act. Therefore, the petitioners cannot be prosecuted merely on the basis of vague and general allegations. Consequently, the impugned order passed by the Trial Court, which is contrary to the provisions of Section 319 of the Cr.P.C., is not legally sustainable. - 4 - NC: 2025:KHC-D:3056 CRL.P No. 103016 of 2022 5. Accordingly, the petition is allowed. The impugned order dated 15.07.2022, passed in SC/ST No. 10/2018 by the learned Additional District and Sessions Judge, Gadag, insofar as it relates to the petitioners—accused Nos. 4 to 8, 10, and 11—is hereby quashed, and the application filed under Section 319 of the Cr.P.C. is dismissed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK List No.: 1 Sl No.: 69