- 1 - NC: 2025:KHC-D:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100072 OF 2020 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103153 OF 2023 IN CRL.P.NO.100072 OF 2020: BETWEEN: MR. CHIDANANDA S/O. RAJAPPA AGE: 45 YEARS, OCC: POLICE INSPECTOR, R/O: CPI BYADAGI OFFICE, TQ: BYADAGI, HAVERI, HAVERI, NOW CEN CRIME HAVERI POLICE STATION. …PETITIONER (BY SRI. N.D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, HAVERI MAHILA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. SHEKAWWA TAKARAPPA LAMANI, AGE: 28 YEARS, OCC: COOLIE, R/O: GUTTAL TANDA, TQ. AND DIST: HAVERI-581193. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI.VIDYASHANKAR G.DALWAI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, QUASH THE REGISTRATION OF FIR & COMPLAINT IN CRIME NO.54/2018 DATED 16/12/2018 THEREBY REGISTERING THE FIR FOR THE OFFENCES PUNISHABLE /S. 354(A) & (B), 506 R/W 34 OF IPC IN HAVERI MAHILA POLICE STATION AS AGAINST THE PRESENT PETITIONER/ACCUSED NO.1 PENDING BEFORE THE PRL. CIVIL JUDGE & JMFC, BYADGI. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:40 +0530 - 2 - NC: 2025:KHC-D:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 IN CRL.P.NO.103153 OF 2023: BETWEEN: 1. KUBEPPA S/O. NEMAPPA RANASOTH AGED ABOUT 53 YEARS, OCC. LABOR, R/O. AT POST DEVARGUDDA YELLAPUR TANDA, TQ. RANEBENNUR, DIST. HAVERI-581115. 2. SMT. SEETHAMMA ALIAS SHEETAVVA W/O. KUBEPPA RANASOTH @ SEETHAMMA @ SEETAVVA, AGED ABOUT 51 YEARS, OCC. LABOR, R/O. AT POST DEVARGUDDA YELLAPUR TANDA, TQ. RANEBENNUR, DIST. HAVERI-581115. 3. SMT. SHEKAVVA D/O. THAKREPPA TAMANI AGED ABOUT 31 YEARS, OCC. LABOR, R/O. GUTTAL TANDA, TQ AND DIST. HAVERI-581108. 4. SMT. PREMAVVA W/O. UMESH LAMANI AGED ABOUT 35 YEARS, OCC. LABOR, R/O. CHIKKA AHARALAHALLI TANDA, TQ. RANEBENNUR, DIST. HAVERI-581115. 5. NAGAPPA S/O. RANGAPPA LAMANI AGED ABOUT 36 YEARS, OCC. FARMER, R/O. KALLEDEVARU TANDA, SEVANAGAR, TQ. BYDGI, DIST: HAVERI-581116. 6. ARJUNAPPA S/O. KUBEPPA LAMANI AGED ABOUT 53 YEARS, OCC. SOCIAL WORKER, R/O. NELLIKOPPA TANDA, TQ. BYADGI, DIST. HAVERI-581116. 7. KALAPPA S/O. RANGAPPA LAMANI @ CHAVAN AGED ABOUT 33 YEARS, OCC. LABOR, R/O. KALLEDEVARU TANDA , SEVANAGAR, TQ: BYADGI, DIST. HAVERI-581106. 8. PUTTAPPA S/O. SOMLEPPA LAMANI @ NAIK AGED ABOUT 53 YEARS, OCC. SOCIAL WORKER, - 3 - NC: 2025:KHC-D:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 R/O. TUMARIKOPPA TANDA, TQ. BYADGI, DIST. HAVERI-581106. 9. KUMAR KHANDEPPA KABBUR AGED ABOUT 53 YEARS, OCC. CONTRACTOR, R/O. KAKOL TANDA, TQ. RANEBENNUR, DIST. HAVERI-581115. 10. MALTESH @ MALTESH S/O. SOMALEPPA LAMANI, AGED ABOUT 39 YEARS, OCC. AGRICULTURE, R/O. GUDENALLI, SHIVPUR TANDA, TQ. BYADGI, DIST. HAVERI-581 106. 11. SMT. SHANTAVVA W/O. MALTESH @ MALTESH LAMANI, AGED ABOUT 33 YEARS, OCC. AGRICULTURE, R/O. GUDENALLI, SHIVPUR TANDA, TQ. BYADGI, DIST. HAVERI-581106. 12. SMT. SHANTAVVA W/O. NAGAPPA CHAVAN @ LAMANI, AGED ABOUT 38 YEARS, OCC. LABOR, R/O. KALLEDEVARU TANDA, SEVANAGAR, TQ. BYADGI, DIST. HAVERI-581106. 13. DILLEPPA S/O. KUBEPPA RANSOTH AGE ABOUT 25 YEARS, OCC. LABOURER, R/O. DEVARGUDDA YELLAPUR TANDA, TQ. RANEBENNUR, DIST. HAVERI-581 115. 14. TUKAPPA S/O. NEMAPPA LAMANI AGE ABOUT 53 YEARS, OCC. LABOURER, R/O. DEVARGUDDA YELLAPUR TANDA, TQ. RANEBENNUR, DIST. HAVERI-581115. 15. LAXMAVVA W/O. TUKKAPPA RANSON AGE ABOUT 40 YEARS, OCC. LABOURER, R/O. DEVARGUDDA YELLAPUR TANDA, TQ. RANEBENNUR, DIST. HAVERI-581 115. - 4 - NC: 2025:KHC-D:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 16. MALLAPPA @ MALLESHAPPA S/O. SHANKRAPPA LAMANI, AGE ABOUT 45 YEARS, OCC. LABOURER, R/O. VENKATAPUR TANDA, TQ. RANEBENNUR, DIST. HAVERI-581 115. …PETITIONERS (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH PSI, BYADGI POLICE STATION, DIST. HAVERI-581116. 2. CHIDANAND S/O. RAJAPPA AGED ABOUT 47 YEARS, OCC. CPI, R/O. CPI OFFICE, BYADGI, DIST. HAVERI-581116. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.17/2020 REGISTERED AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S 143, 147, 323, 341, 332, 353, 355, 504, 511 R/W 149 OF IPC, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, BYADGI. THESE PETITIONS, 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:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 ORAL ORDER Crl.P No.100072/2020: The petitioner challenges the registration of an FIR for the offences punishable under Sections 143, 147, 323, 341, 332, 353, 504, and 149 of the IPC. 2. Respondent No. 2 lodged an FIR alleging that on 17.11.2018, when she and her relative visited the police station, the petitioner, who was serving as a Circle Inspector, misbehaved with her and attempted to outrage her modesty. It is further alleged that the petitioner offered cash to the complainant, which was refused by Respondent No. 2. Additionally, Respondent No. 2 claims that she was made to speak on a mobile phone with someone who conversed in Lamani language, following the petitioner’s instructions. Crl.P No.103153/2023: 3. The petitioners have been charge-sheeted for offences punishable under Sections 143, 147, 323, 341, 332, 353, 504, and 149 of the IPC. 4. The prosecution’s case is that on 16.12.2018, during a rally in front of the Taluka Panchayat, Byadagi, a group of 15 to 20 men and women allegedly surrounded the petitioner, preventing him from proceeding further. When the complainant intervened to investigate the situation, the accused allegedly dragged and assaulted him. After conducting an inquiry, Respondent No. 2 (the - 6 - NC: 2025:KHC-D:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 complainant) identified the individuals involved as the accused in Crime Nos. 234/2018 and 235/2018. 5. A review of the FIR in Crime No. 245/2018, which was produced in Crl.P. No. 100072/2020, reveals that the alleged incident took place on 17.11.2018, but the FIR was lodged only on 16.12.2018, with no plausible explanation offered for the delay. The FIR appears to have been filed as a retaliatory measure against the FIR registered by the petitioner against Respondent No. 2 and others in Crime No. 245/2018. In the absence of a reasonable explanation for the delay, the registration of the FIR lacks merit, and the continuation of criminal proceedings would amount to an abuse of the process of law. 6. A review of the charge sheet in Crl.P. No. 103153/2023 reveals that apart from vague and general allegations, there is no specific overt act attributed to each accused, detailing how or in what manner they restrained the complainant from performing his official duties, abused him, or assaulted him. In the absence of specific allegations against individual accused persons, the petitioners cannot be prosecuted for the offences based solely on such omnibus and general claims. Thus, the continuation of criminal proceedings would constitute an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petitions are allowed. - 7 - NC: 2025:KHC-D:602 CRL.P No. 100072 of 2020 C/W CRL.P No. 103153 of 2023 ii) The impugned proceedings in Crime No.54/2018 registered by the Haveri Mahila Police Station pending on the file of the learned Principal Civil Judge and JMFC, Byadagi in Crl.P No.100072/2020 and the impugned proceedings in CC No.17/2020 pending on the file of the learned Civil Judge and JMFC, Byadagi, in Crl.P No.103153/2023 are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 45