- 1 - NC: 2025:KHC-D:2336 CRL.P No. 104106 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.104106 OF 2022 BETWEEN: 1. MALLAPPA, S/O. RAMAPPA VAKKALAD, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: CHIKKENAKOPPA, TQ: YELBURGA, DIST: KOPPAL-583 232. 2. DANAREDDY S/O. CHANNABASAPPA SHADLAGERI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: CHIKKENAKOPPA, TQ: YELBURGA, DIST: KOPPAL-583 232. … PETITIONERS (BY SRI. H.N. GULARADDI, ADVOCATE) AND: 1. THE STATE, THROUGH KUKANOOR PS, R/BY ITS PUBLIC PROSECUTOR, KARNATAKA HIGH COURT, DHARWAD BENCH, DHARWAD. 2. BHEEMAPPA, S/O. HUCHCHAPPA CHALAWADI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: CHIKKENAKOPPA, TQ: YELBURGA, DIST: KOPPAL-583 232. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. SADIQ N. GOODWALA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER OF COGNIZANCE AND ISSUANCE OF SUMMONS DATED 20.05.2017 IN SO FAR AS B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:54 +0530 - 2 - NC: 2025:KHC-D:2336 CRL.P No. 104106 of 2022 PETITIONER IS CONCERNED IN SPL. CC(AC) NO.16/2017 PASSED BY THE 147, 504, 341, 506, 323, 355 R/W/S 149 OF IPC AND SEC. 3(1)(R), 3(2), (5)(A) OF SC/ST ACT REGISTERED IN KUKANOOR PS CRIME NO.140/2016 IN SO FAR AS PETITIONER/ACCUSED NO.5 AND 6 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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/accused Nos.5 and 6, who have been charge-sheeted for the offences punishable under Sections 143, 147, 504, 341, 506, 323, and 355 read with Section 149 of the Indian Penal Code, 1860 (for short, ‘IPC’), and Sections 3(1)(r) and 3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC/ST Act’), have approached this Court seeking quashing of the proceedings in Spl. CC (AC) No.16/2017, pending before the District and Sessions Judge, Koppal. 2. The prosecution’s case is that on 10.12.2016, in Chikkenakoppa village, Yelburga Taluka, the complainant witnessed a group of village elders attempting to convince accused No.1 to withdraw the cases he had filed against them, in exchange for them withdrawing their cases against him. At that time, the petitioners, who are the children of accused No.1, arrived at the scene and urged accused No.1 not to withdraw any complaints, assuring him that they would handle the consequences. In the course of this altercation, all the accused allegedly abused and - 3 - NC: 2025:KHC-D:2336 CRL.P No. 104106 of 2022 restrained other villagers from proceeding further. The accused are also alleged to have assaulted and threatened the villagers. When the complainant (respondent No.2) attempted to intervene and protect the other villagers, the accused allegedly abused him by referring to his caste and objected to any complaint being lodged. Additionally, it is alleged that one of the accused, Pramila, assaulted the other group with her chappal. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1- State, and the learned counsel for respondent No.2-complainant. 4. Accused No.1 had previously challenged the same criminal proceedings before this Court in Crl.P. No.102024/2017. A Co-ordinate Bench of this Court, by order dated 19.11.2020, quashed the proceedings against accused No.1, holding that there were only general and omnibus allegations against him, with no specific overt acts alleged. The complainant had also admitted that he was merely a passerby and not a direct party to the dispute. 5. In the present case, there are no specific overt acts alleged against the petitioners/accused detailing how and in what manner they assaulted, threatened, or abused the complainant. In the absence of such specific allegations, the petitioners cannot be prosecuted solely based on general and omnibus statements. The Trial Court cannot frame charges against the petitioners without any clear attribution of overt acts. - 4 - NC: 2025:KHC-D:2336 CRL.P No. 104106 of 2022 6. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The proceedings in Spl. CC (AC) No.16/2017, pending before the District and Sessions Judge, Koppal, insofar as they pertain to the petitioners/accused Nos.5 and 6, are hereby quashed. 8. Pending applications, if any, stand disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 50