- 1 - NC: 2025:KHC-D:3071 CRL.P No. 103584 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. 103584 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. KALLAPPA S/O. MALLAPPA GANJIGATTI AGE. 81 YEARS, OCC. NIL, R/O. MISHRIKOTI VILLAGE, KALAGHATAGI, DIST. DHARWAD-581204. 2. SMT. SHOBHA W/O. KALLAPPA URF DUNDAPPA GANJIGATTI, AGE. 50 YEARS, OCC. HOUSEWIFE, R/O. NEAR SHIRUR PARK, VIDYANAGAR, HUBBALLI-580021. 3. SHRI. DUNDAPPA S/O. KALLAPPA MUGADUMMA, AGE. 63 YEARS, OCC. AGRICULTURE, R/O. NEAR SHIRUR PARK, VIDYANAGAR, HUBBALLI-580021. 4. SMT. KASTURI W/O. KALLAPPA URF SUBASA GANJIGATTI, AGE. 45 YEARS, OCC. TEACHER, R/O. DASTIKOPPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 5. SMT. SHUSHILA W/O. KALLAPPA GANJIGATTI AGE. 40 YEARS, OCC. HOUSEWIFE, R/O. NEAR SHIRUR PARK, VIDYANAGAR, HUBBALLI-580021. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:51 +0530 - 2 - NC: 2025:KHC-D:3071 CRL.P No. 103584 of 2022 6. SHRI. SUBHAS HULLAMBI AGE. 45 YEARS, OCC. DOCTOR, R/O. DASTIKOPPA VILLAGE, TQ. KALAGHATAGI, DIST. DHARWAD-581204. 7. SHRI. MANOJ S/O. DUNDAPPA MUGADUM AGE. 25 YEARS, OCC. AGRICULTURE, R/O. NEAR SHIRUR PARK, VIDYANAGAR, HUBBALLI-580021. 8. SHRI. MADEVAPPA S/O. SOMAVVA KITTUR AGE. 52 YEARS, OCC. AGRICULTURE, R/O. MISHRIKOT VILLAGE, KALAGHATAGI, DIST. DHARWAD-581204. 9. SMT. SUSHILA W/O. MADEVAPPA KITTUR AGE. 42 YEARS, OCC. HOUSEWIFE, R/O. MISHRIKOTI VILLAGE, KALAGHATAGI, DIST. DHARWAD-581204. 10. SHRI. BASAVARAJ S/O. MADEVAPPA KITTUR AGE. 30 YEARS, OCC. AGRICULTURE, R/O. MISHRIKOTI VILLAGE, KALAGHATAGI, DIST. DHARWAD-581204. 11. SHRI. SHANKRAPPA URF MANJUNATH S/O. MADEVAPPA KITTUR, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. MISHRIKOTI VILLAGE, KALAGHATAGI, DIST. DHARWAD-581204. …PETITIONERS (BY SRI. GOURISHANKAR H.MOT, ADVOCATE) - 3 - NC: 2025:KHC-D:3071 CRL.P No. 103584 of 2022 AND: 1. THE STATE OF KARNATAKA KALAGHATAGI POLICE STATION, DIST. DHARWAD, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. 2. BASAVARAJA S/O. SIDDAPPA MANAGUNDI AGE. 30 YEARS, OCC. AGRICULTURE, R/AT. MISHRIKOTI VILLAGE, KALAGHATAGI, DIST. DHARWAD-581204. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. PRAKASH R.BADIGER, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COGNIZANCE DATED 13.10.2022 AND FURTHER PROCEEDING AGAINST THE ACCUSED NO.4, 6 TO 10, 12 TO 15 AND 21/PETITIONERS IN CC NO.1774/2022 PENDING BEFORE THE CIVIL JUDGE AND JMFC, AT KALAGHATGI FOR THE OFFENCE PUNISHABLE U/S 323, 324, 106, 504 AND 506 R/W SECTION 149 OF IPC. 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, who have been charge-sheeted for offences punishable under Sections 109, 504, 323, 324, and 506 read with Section 149 of the IPC, have approached this Court seeking relief. - 4 - NC: 2025:KHC-D:3071 CRL.P No. 103584 of 2022 2. The prosecution alleges that frequent quarrels occurred between the complainant and his relatives regarding a pathway in the land. On 23.01.2022, at the instigation of accused Nos. 2 to 21, accused No. 1 allegedly abused the complainant in filthy language, assaulted him with an iron rod, and threatened him with dire consequences. 3. Heard the learned counsel for the parties. 4. The petitioners have produced a copy of the order sheet in O.S. No. 88/2022, pending before the Principal Civil Judge and JMFC, Hubballi, indicating that accused No. 6 has filed a suit for permanent injunction against CWs. 3 and 6. The alleged incident occurred on 23.01.2022. The specific allegation against the petitioners is that accused Nos. 2 to 21 instigated accused No. 1 to assault and abuse respondent No. 2. 5. However, apart from the self-serving statement of the complainant and the charge sheet witnesses, there is no direct or indirect evidence to substantiate the claim that the petitioners instigated accused No. 1. When there are no specific overt acts and no substantive evidence against the petitioners, a charge cannot be framed based solely on omnibus and general allegations. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No. 1774/2022, pending before the Civil Judge and JMFC, Kalaghatagi, insofar as the petitioners are concerned, - 5 - NC: 2025:KHC-D:3071 CRL.P No. 103584 of 2022 are quashed. The Trial Court shall proceed against the remaining accused in accordance with the law, without being influenced by the observations made in this order. Any observations made herein are only for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 74