- 1 - HC-KAR NC: 2025:KHC-D:8087 CRL.P No. 100449 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 100449 OF 2021 (482 OF Cr.PC/528 OF BNSS) BETWEEN: 1. MOUNESH @ MANOHAR MAHANTESH BADIGER, AGE: 38 YEARS, OCC: CARPENTER, R/O. DEVAR DASIMAYYA COLONY, BANAHATTI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT, PIN-561612. 2. IRANNA DRUVA BADIGER, AGE: 39 YEARS, OCC: CARPENTER, R/O. DEVAR DASAIMAYYA COLONY, BANAHATTI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT, PIN-561612. 3. BASAVARAJ MALLAPPA MOTAGI, AGE: 34 YEARS, OCC: WEAVER, R/O. DEVAR DASIMAYYA COLONY, BANAHATTI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT, PIN-561612 4. SHANTU URF SHANTESH MALLAPPA BUDNI, AGE: 45 YEARS, OCC: WEAVER, R/O. DEVAR DASIMAYYA COLONY, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8087 CRL.P No. 100449 of 2021 BANAHATTI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT, PIN-561612 …PETITIONERS (BY SHRI BAHUBALI N. KANABARGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, P.S.I. BANAHATTI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SANJEEV MUNNOLLI S/O. KADAPPA MUNNOLLI, AGE: 50, OCC: SERVICE-ARMY, R/O. ITNAL GALLI, MANGALVAR PETE, BANAHATTI TOWN, TQ. RABAKAVI BANAHATTI, DIST. BAGALKOT. …RESPONDENTS (BY SHRI JAIRAM SIDD, HCGP FOR R1; SHRI S. C. BHUTI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., SEEKING TO THE PROCEEDINGS INITIATED BY THE BANAHATTI P.S. CRIME NO.54/2020 C.C.NO.156/2020 FOR THE ALLEGED OFFENCE U/S.143, 147, 148, 323, 324, 504, 506, 149, 363 OF IPC ON THE FILE OF CIVIL JUDGE AND JMFC COURT, BANAHATTI, BE ORDERED TO BE QUASHED TO THE PETITIONERS CONCERN AS ACCUSED NO. 1 TO 4 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8087 CRL.P No. 100449 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Bahubali N. Kanabargi, learned counsel for the petitioners, Sri. Jairam Siddi, learned HCGP for respondent No.1 – State and Sri. S.C. Bhuti, learned counsel for respondent No.2. 2. The petitioner has filed this petition under Section 482 of Cr.P.C. to quash the entire proceedings in C.C. No.156/2020 on the file of the learned Senior Civil Judge and JMFC, Banahatti. 3. The brief facts of the prosecution case are as under: On 05.02.2020 at around 10:00 p.m., accused Nos.1 and 2 were attending nature call near the gate of a dhaba. The first informant advised them not to do so, stating that it is a public place where people eat food. However, the accused persons ignored his advice. Subsequently, accused Nos.3 and 4 joined them and began to argue with the - 4 - HC-KAR NC: 2025:KHC-D:8087 CRL.P No. 100449 of 2021 informant. All four accused then kidnapped the informant, forced him into a cruiser vehicle bearing registration No.KA- 48/M-5433, and took him near the Basavanna Temple in Banahatti city. There, they physically assaulted him using their hands, legs, and stones. They also abused him using filthy language, deliberately insulted him, and made criminal intimidation to eliminate him. Hence, the first informant lodged a complaint, which led to the registration of an FIR and the commencement of an investigation. Taking exception to the same, the petitioners have filed this petition. 4. Learned counsel for the petitioners contended that the petitioners are innocent, have not committed any offence and have been falsely implicated in this case. It is further submitted that the first informant has made general and omnibus allegations against the petitioners. Accordingly, the learned counsel prayed for allowing the petition. - 5 - HC-KAR NC: 2025:KHC-D:8087 CRL.P No. 100449 of 2021 5. Learned HCGP for respondent No.1 – State and the learned counsel for respondent No.2 contended that the petitioners are responsible for wrongfully confining the first informant into a vehicle, abusing and assaulting him and making criminal intimidation to eliminate him and as such, learned Magistrate has rightly taken cognizance of the aforesaid offence and the same does not warrant any interference. 6. Upon perusal of the materials available on record, it is observed that the petitioners – accused persons are disputing the questions of fact. However, this Court, while exercising its jurisdiction under Section 482 of Cr.P.C., cannot adjudicate disputed questions of fact. The incident in question occurred on 05.02.2020, and as per the wound certificate, the de facto complainant has sustained injuries. Therefore, there is prima facie material to proceed against the petitioners. 7. In view of the above, the petition lacks merit and is accordingly dismissed. - 6 - HC-KAR NC: 2025:KHC-D:8087 CRL.P No. 100449 of 2021 In view of dismissal of the petition, pending I.As., if any, stands disposed of. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 31