- 1 - NC: 2025:KHC-D:3273 CRL.P No. 102689 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102689 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SARITHA W/O. VIRAJ PATIL AGE. 48 YEARS, OCC. HOUSE WIFE, R/O. RAMLINGKHIND GALLI, BELAGAVI-01. 2. SUNIL S/O. PRAKASH LOHAR AGE. 31 YEARS, OCC. PVT. WORK, R/O. 3RD CROSS, SAMARTH NAGAR, BELAGAVI-05. 3. ROHIT S/O. MAHADEV MALAGI @ MALAVI AGE. 24 YEARS, OCC. POWER LOOMS, R/O. H.NO. 94, VAZE GALLI, M-VADAGAON, BELAGAVI-05. 4. VINAYAK S/O. SANJAY SUTAR AGE. 22 YEARS, OCC. PVT WORK, R/O. H.NO. 215, ANAND NAGAR, M VADAGAON, BELAGAVI-05. 5. VINAYAK @ MAYAPPA S/O. PARASHURAM KOKITKAR, AGE. 31 YEARS, OCC. BUSINESS, R/O. SAMARTH NAGAR, BELAGAVI-01. 6. DAYANANDA S/O. DATTA BADASKAR AGE. 32 YEARS, OCC. PVT. WORK, R/O. H.NO. 207, C.C.B NO. 121, M VADAGAON, BELAGAVI-05. 7. SURAJ S/O. SUBHASH GAYAKAWAD AGE. 26 YEARS, OCC. BUSINESS, R/O. H.NO. 165, 3RD CROSS, SAMARTH NAGAR, BELAGAVI-01. 8. RAHUL S/O. RAMESH SAVANT AGE. 29 YEARS, OCC. BUSINESS, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.20 16:40:23 +0530 - 2 - NC: 2025:KHC-D:3273 CRL.P No. 102689 of 2024 R/O. H.NO. 244/53B, FULBAG GALLI, BELAGAVI-01. 9. VIKKI S/O. PRAKASH MANDOLKAR AGE. 34 YEARS, OCC. CATTERING, R/O. H.NO. 354, 5TH CROSS, SAMARTH NAGAR, BELAGAVI-01. 10. BALCHANDRA S/O. DATTA BADASKAR AGE. 40 YEARS, OCC. BUSIENSS, R/O. C.C.B NO. 121, KALMESHWAR ROAD, VADAGAON, BELAGAVI-05. 11. RAJENDRA S/O. GAUTAM BAILUR AGE. 34 YEARS, OCC. GYM TRAINER, R/O. H.NO. 1930, TIRTHANKAR, APARTMENT, BHOJ GALLI, BELAGAVI, BELAGAVI-03. 12. SHREYAS @ SONU @ SRI SUHAS KHATAVKAR AGE. 21 YEARS, OCC. STUDENT, R/O. H.NO. 65/2B, BHANDUR GALLI, BELAGAVI-01. …PETITIONERS (BY SRI. RAM P.GHORPADE, ADVOCATE) AND: THE STATE OF KARNATAKA BY KHADEBAZAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO CALL FOR THE RELEVANT RECORDS AND SET ASIDE THE CC NO.19/2022 (KHADEBAZAR POLICE STATION CRIME NO.88/2021) WHICH IS PENDING BEFORE THE III JMFC COURT, BELAGAVI FOR THE ALLEGED FOR THE ALLEGED OFFENCES PUNISHABLE U/S 143, 147, 148, 427, 153, 109, 149 OF IPC AND R/W 3 (1) OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 AGAINST THE PETITIONER NO.1 TO 12/ACCUSED NO.4, 11, 12, 13, 15, 16, 17, 23, 26, 28, 35, 36. - 3 - NC: 2025:KHC-D:3273 CRL.P No. 102689 of 2024 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/accused Nos. 4, 11, 12, 13, 15, 16, 17, 23, 26, 28, 35, and 36, who have been chargesheeted for offences punishable under Sections 143, 147, 148, 427, 153, and 109 read with Section 149 of the Indian Penal Code, 1860, and Section 3(1) of the Prevention of Damage to Public Property Act, 1984, are before this Court. 2. The prosecution’s case is that on 17.12.2021, under the leadership of accused Nos. 1 to 4 and accused No. 41, the accused formed an unlawful assembly, took out a protest, and made inflammatory remarks with the intention of damaging property belonging to the Maratha community and government vehicles. 3. The learned Magistrate, after accepting the final report, took cognizance of the aforesaid offences. Taking exception to the same, the petitioners/accused have filed this petition. 4. The learned counsel for the petitioners/accused submits that there are no specific overt acts attributable to these petitioners/accused for committing the alleged offences. Furthermore, the police did not conduct any test identification parade or any other form of identification to ascertain that the petitioners were part of the alleged incident. - 4 - NC: 2025:KHC-D:3273 CRL.P No. 102689 of 2024 5. The learned Additional Government Advocate for the respondent/State submitted that the charge sheet material discloses that these petitioners, along with other accused, formed an unlawful assembly with the intention of committing the offence. Therefore, the veracity of the allegations against the petitioners can be determined at the trial stage and cannot be resolved in this petition. 6. The arguments advanced by the learned counsel for the parties have been duly considered. 7. The specific allegation regarding the conduct of the protest is directed against accused Nos. 1 to 4 and accused No. 41, and the allegation of damaging public property is directed against accused No. 28. Apart from the general and omnibus allegations, there is no specific overt act demonstrating how each of the petitioners participated in forming the unlawful assembly or in damaging public property and government vehicles. Moreover, while the assembly may have been unlawful, the charge sheet material does not establish that the petitioners had a common object, nor does it demonstrate that they were motivated by a common object as described in Section 141 of the IPC. In the absence of the essential elements to substantiate the commission of the alleged offences, the continuation of criminal proceedings would amount to an abuse of the process of law. Hence, I pass the following: - 5 - NC: 2025:KHC-D:3273 CRL.P No. 102689 of 2024 ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.19/2022 pending on the file of the III JMFC Court, Belagavi, insofar as it relates to accused/petitioners herein is concerned, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 6