- 1 - NC: 2025:KHC-D:155 CRL.P No. 102687 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102687 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SARITA 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. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:46 +0530 - 2 - NC: 2025:KHC-D:155 CRL.P No. 102687 of 2024 6. DAYANANAD 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 GAYAAKWAD, 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, 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. BALACHANDRA S/O DATTA BADASKAR, AGE: 40 YEARS, OCC: BUSINESS, 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. - 3 - NC: 2025:KHC-D:155 CRL.P No. 102687 of 2024 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: 1. STATE OF KARNATAKA BY KHADEBAZAR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 011. 2. SYED ADIL S/O FAKRUDIN, AGE: 31 YEARS, OCC: DRIVER, R/O: DOOR NO.5/231, KEREKODI, NEAR CHOUDESHWARI KALYAN MANTAP, YALAHANKA, BENGALURU-560 064. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; R2-DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO CALL FOR THE RELEVANT RECORDS AND TO SET ASIDE THE C.C. NO.20/2022 (KHADEBAZAR POLICE STATION CRIME NO.91/2021) WHICH IS PENDING BEFORE THE III J.M.F.C. COURT BELAGAVI FOR THE ALLEGED FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC 143,147,148,427,153,109,149 OF IPC R/W 3(1) OF THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984, BEFORE THE III J.M.F.C. BELAGAVI AGAINST THE PETITIONER NO.1 TO 12/ACCUSED NO.4, 10, 11, 12, 14, 15, 16, 22, 25, 27, 34, 35. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 4 - NC: 2025:KHC-D:155 CRL.P No. 102687 of 2024 ORAL ORDER 1. The petitioners/accused Nos. 4, 10, 11, 12, 14, 15, 16, 22, 25, 27, 34, and 35, who have been chargesheeted for offences punishable under Sections 143, 147, 148, 427, 153, 109 read with Section 149 of the Indian Penal Code 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 damaging 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. Learned counsel for the petitioners/accused submits that there are no specific overt acts against these petitioners/accused for committing the aforesaid 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. 5. Learned Additional Government Advocate for respondent No. 1 – State submitted that the charge sheet material discloses that these petitioners, along with other accused, formed - 5 - NC: 2025:KHC-D:155 CRL.P No. 102687 of 2024 an unlawful assembly with the intention of committing the offence. Therefore, the veracity of the allegations against the petitioners can be considered at the time of trial and cannot be addressed in this petition. 6. The arguments of the learned counsel for the parties have been duly considered. 7. The specific allegation of conducting the protest is against accused Nos. 1 to 4 and accused No. 41, and the allegation of damaging public property is against accused No. 28. Except for the general and omnibus allegations, there is no specific overt act against each of the petitioners regarding how they participated in the protest by forming an unlawful assembly or damaged the public property and government vehicles. 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 such an object as described in Section 141 of the IPC. Therefore, in the absence of essential elements to substantiate the commission of the alleged offences, the continuation of the criminal proceedings would amount to an abuse of the process of law. 8. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. - 6 - NC: 2025:KHC-D:155 CRL.P No. 102687 of 2024 ii) The criminal proceedings in C.C. No.20/2022 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 KMS CT:BCK List No.: 1 Sl No.: 55