- 1 - NC: 2025:KHC-D:489 CRL.P No. 103534 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103534 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI. BASAVARAJ S/O REVAPPA SAPPANAGOL AGE. 58 YEARS, OCC. BUSINESS, R/O. AT. CHODAPUR, TQ. APAJALPUR, KALABURGI-585265. 2. SHRI. PRABHU HANAMNATHAPPA BARAKI AGE. 55 YEARS, OCC. NIL, R/O. KANCHARAGATTI, TQ. RANNEBENUR, DIST. HAVERI-581115. 3. SHRI. KRISHANAMURTHY DAYANAND VADNIKOPPA AGE. 48 YEARS, OCC. AGRICULTURIST, R/O. KARJAGI, TQ. & DIST. HAVERI-581112. 4. SHRI. MALESHAPPA THIRUKAPPA HOMBARADI AGE. 55 YEARS, OCC. AGRICULTURIST, R/O. CHODAYADHANAPUR, TQ. RANEBENNUR, DIST. HAVERI-581115. 5. SHRI. HALAPPA S/O. RAMAPPA NEGALUR, AGE. 63 YEARS, OCC. NIL, R/O. KANCHARAGATTI, TQ. RANNEBENUR, DIST. HAVERI-581115. 6. SHRI. CHANDRAPPA S/O. THIRAKAPPA @ LAXAMAN JALAGAR AGE. 48 YEARS, OCC. AGRICULTURIST, R/O. NARSHIPUR, TQ. & DIST. HAVERI-581110. 7. SHRI. HONNAPPA MALLAPPA DANDIN AGE. 45 YEARS, OCC. AGRICULTURIST, R/O. NARSHIPUR, TQ. & DIST. HAVERI-581110. 8. SHRI. HANAAMANTHAPPA DEVAPPA BARAKI AGE. 51 YEARS, OCC. AGRICULTURIST, R/O. KANCHARAGATTI, TQ. RANEBENNUR, DIST. HAVERI-581115. 9. SHRI. SHANKARAPPA NAGAPPA MEDLERI, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:28 +0530 - 2 - NC: 2025:KHC-D:489 CRL.P No. 103534 of 2023 AGE. 70 YEARS, OCC. AGRICULTURIST, R/O. BASAVERSWAR NAGAR, ‘A’ BLOCK, 16TH CROSS, HAVERI-581110. …PETITIONERS (BY SRI. YARAGAMBLIMATH MRITYUNJAYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY S.P.P. HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD R/BY RURAL POLICE STATION, RANEBENNUR, DIST. HAVERI. 2. SHRI. LAXMAN S/O. HANAMANTHAPPA DEEPAVALI AGE. 69 YEARS, OCC. AGRICULTURIST, R/O. CHODAYADHANAPUR, TQ. RANEBENNUR, DIST. HAVERI-581110. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO.1342/2018, AGAINST ALL THE PETITIONERS/ ACCUSED NO.1 TO 9 FOR THE OFFENCES U/S 143, 147, 323, 504, 506 AND SECTION 149 OF IPC, PENDING ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC AT RANEBENNUR, HAVERI DISTRICT & ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who have been chargesheeted for offences punishable under Sections 143, 147, 323, 504, 506 read with Section 149 of the Indian Penal Code (IPC), are before this Court. - 3 - NC: 2025:KHC-D:489 CRL.P No. 103534 of 2023 2. The accused No. 10 had approached this Court in W.P. No. 105539/2019 challenging the same impugned proceedings. The Co-ordinate Bench of this Court, on 08.06.2022, quashed the proceedings against accused No. 10, observing that the offences alleged are cognizable. As such, the case, without obtaining permission from the jurisdictional Magistrate under Section 155(2) of the Cr.P.C., stood vitiated. This order was passed by following the decision in the case of Vaggeppa Gurulinga Jangaligi vs. State of Karnataka (2020 (1) KCCR 371). 3. Therefore, this petition also deserves to be disposed of in terms of the aforementioned decision. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 1342/2018 before the Principal Senior Civil Judge and J.M.F.C, Ranebennur, insofar as they relate to the petitioners, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BVV LIST NO.: 1 SL NO.: 20