- 1 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103842 OF 2022 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 104068 OF 2022 CRIMINAL PETITION NO. 104070 OF 2022 CRIMINAL PETITION NO. 104197 OF 2022 IN CRL.P.NO. 103842 OF 2022: BETWEEN: SRI. MOHANSA R. SOLANKI, AGED ABOUT 60 YEARS, OCC: BUSINESS, R/O: JAYANAGAR, VIDHYANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 028. … PETITIONER (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: SRI. KISHORE S/O. RAMAKRISHNASA JITURI, AGED ABOUT 62 YEARS, OCC: BUSINESS, R/O: KHB COLONY, CHANNAPETH ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 024. … RESPONDENT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1932/2021 ON THE FILE OF JMFC 1ST COURT, HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 499, 500 R/W 34 OF IPC, INSOFAR AS THE PETITIONER/ACCUSED NO.6 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 13:32:35 +0530 - 2 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER IN CRL.P. NO.104068 OF 2022: BETWEEN: 1. SRI. SATISH GANAPATSA MEHERWADE, AGED ABOUT 65 YEARS, OCC: BUSINESS, R/O: AMBIKA NAGAR, KESHWAPUR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 028. 2. SRI. BHASKAR N. JITURI, AGED ABOUT 56 YEARS, OCC: BUSINESS, R/O: BHARATIYA COMPUTER ACADEMY, TULAJA BHAVANI COMPLEX, DAJIBANPETH, HUBBALLI, PIN-580 028. … PETITIONERS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: SRI. KISHORE S/O RAMAKRISHNASA JITURI, AGED ABOUT 62 YEARS, OCC: BUSINESS, R/O: KHB COLONY, CHANNAPETH ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 024. … RESPONDENT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1932/2021 ON THE FILE OF JMFC 1ST COURT, HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 499, 500 R/W 34 OF IPC, IN SO FAR AS THE PETITIONER/ACCUSED NO.4 AND 5 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. IN CLR.P.NO. 104070 OF 2022: BETWEEN: 1. SRI. NEELAKANT S/O PREMANATHSA JADI AGED ABOUT 65 YEARS, OCC: CHIEF TRUSTEE, SSK SRI. TULAJABHAVANI DEVASTHAN - 3 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER KENDRA PANCH SAMITI, SRI. SAHASRARJUN CIRCLE, DAJIBANPETH, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 028. 2. SRI. SHANKAR N. LADWA, AGED ABOUT 59 YEARS, OCC: JOINT SECRETARY, SSK SRI. TULAJABHAVANI DEVASTHAN KENDRA PANCH SAMITI, SRI. SAHASRARJUN CIRCLE, DAJIBANPETH, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 028. 3. SRI. KIRAN P. POOJARI, AGED ABOUT 65 YEARS, OCC: TREASURER, SSK SRI. TULAJABHAVANI DEVASTHAN KENDRA PANCH SAMITI, SRI. SAHASRARJUN CIRCLE, DAJIBANPETH, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 028. … PETITIONERS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: SRI. KISHORE S/O RAMAKRISHNASA JITURI, AGED ABOUT 62 YEARS, OCC: BUSINESS, R/O: KHB COLONY, CHANNAPETH ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 024. …RESPONDENT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1932/2021 ON THE FILE OF JMFC 1ST COURT, HUBBALLI FOR THE OFFENCE PUNISHABLE U/S 499, 500 R/W 34 OF IPC, IN SO FAR AS THE PETITIONER/ACCUSED NO. 1 TO 3 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER IN CLR.P.NO.104197 OF 2022: BETWEEN: SRI. GANGADHAR PAWAR S/O SRI. ARJUNSA PAWAR, AGED ABOUT 53 YEARS, OCC: ATTENDER, R/O: SSK SRI. TULAJABHAVANI DEVASTHAN KENDRA PANCHA SAMITI, SRI. SAHASRARJUN CIRCLE, DAJIBANPETH, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. … PETITIONER (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: SRI. KISHORE S/O RAMAKRISHNASA JITURI, AGED ABOUT 62 YEARS, OCC: BUSINESS, R/O: KHB COLONY, CHANNAPETH ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN-580 024. … RESPONDENT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) THIS CRIMINAL PETITION IS FIELD U/S 482 OF CR.P.C., IS PRAYING QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1932/2021 ON THE FILE OF JMFC 1ST COURT, HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 499, 500 R/W SECTION 34 OF IPC, IN SO FAR AS THE PETITIONER/ACCUSED NO.7 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 5 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER ORAL ORDER 1. In all these petitions, the petitioners challenge the cognizance taken for the offences punishable under Sections 499 and 500 read with Section 34 of the Indian Penal Code (IPC). 2. These petitions are taken up together, heard, and disposed of by a common order. 3. The respondent in all these petitions filed a private complaint under Section 200 of the Code of Criminal Procedure (Cr.P.C.), alleging that the petitioners, who are office bearers of Sri Tulajabhavani Devasthan Kendra Panch Samiti, caused the publication of an article in the Kshatriya Om Samachar fortnightly newspaper, wherein it was stated that the respondent– complainant, who was serving as the General Secretary, had stolen the nose ring of Goddess Durga. 4. The learned Magistrate, after perusing the complaint, took cognizance of the aforesaid offences and issued summons. 5. The learned counsel for the petitioners submitted that the article published in the fortnightly newspaper was not at the instance of the petitioners. Furthermore, since the publisher and editor of the newspaper have not been arraigned as accused, the petitioners cannot be prosecuted for the alleged offences. He further contended that the enquiry initiated against the respondent– complainant concerning the theft of the nose ring of Goddess - 6 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER Durga was dropped at the request of the complainant’s brother, who, in turn, offered three nose rings to Goddess Durga. 6. In response, the learned counsel for the complainant submitted that the enquiry was closed as the committee did not find any evidence against the respondent–complainant regarding the theft of the nose ring. Therefore, the publication of the article in the fortnightly newspaper, allegedly at the instance of the petitioners, has adversely affected the complainant’s reputation in the society. 7. After considering the arguments of the learned counsel for both parties, the following is noted: • Admittedly, an enquiry was conducted in relation to the alleged theft of the nose ring of Goddess Durga. The committee, after due deliberation, found no evidence committed by the complainant and accordingly closed the enquiry. The General Secretary resigned on 24.12.2019, and the enquiry was officially closed on 08.01.2020. 8. The alleged derogatory remarks against the respondent–complainant were published in the Kshatriya Om Samachar fortnightly newspaper. A perusal of the newspaper reveals that allegations were also made against the committee members of the Trust. Therefore, it cannot be conclusively inferred that the article was published at the instance of the petitioners. Furthermore, as the publisher and editor of the newspaper have not been arraigned as accused, the petitioners cannot be prosecuted for the offences punishable under Sections 499 and - 7 - NC: 2025:KHC-D:1741 CRL.P No. 103842 of 2022 C/W CRL.P No. 104068 of 2022 CRL.P No. 104070 of 2022 AND 1 OTHER 500 read with Section 34 of the IPC. Accordingly, I pass the following: ORDER i) The petitions stand allowed. ii) The impugned proceedings in CC No.1932/2021 pending on the file of the learned JMFC First Court, Hubballi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM CT:BCK LIST NO.: 1 SL NO.: 34