- 1 - HC-KAR NC: 2025:KHC:37513 CRL.P No. 11852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11852 OF 2025 BETWEEN: 1. SOHAL S/O SYED GUFARAN AGED ABOUT 30 YEARS R/A CHOLAMBALLI HONNUDKI TUMAKURU DIST KARNATAKA - 572122 REPRESENTED BY HIS MOTHER SHAKILA C/O GURFAN KHAN AGED ABOUT 51 YEARS R/A AK COLONY, HONNUDIKE TUMAKURU, KARNATAKA-572122. (NOTE:- PETITIONER NO.1 IS UNABLE TO REPRESENT HIMSELF DUE TO MENTAL HEALTH ISSUES AND IS THEREFORE REPRESNETED BY HIS MOTHER) 2. ADIL KHAN S/O SIRAJ KHAN AGED ABOUT 18 YEARS R/A GULUR HOBLI, CHOLAMBALLI TUMAKURU, KARNATAKA - 572122. 3. IRFAN KHAN S/O LATE SIRAJ AGED ABOUT 29 YEARS R/AT CHOLAMBALLI, VTC HONNUDIKE, TUMAKURU DIST., KARNATAKA - 572122. 4. AYUB KHAN S/O SIRAJ Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37513 CRL.P No. 11852 of 2025 AGED ABOUT 31 YEARS R/AT CHOLAMBALLI HONNUDIKE, TUMAKURU DIST., KARNATAKA - 572122. 5. TOUFEEQ PASHA S/O PASHA JAN AGED ABOUT 43 YEARS R/AT LIG 67, BEHIND THILAK PARK POLICE STATION KHB COLONY, TUMAKURU KARNATAKA - 572122. …PETITIONERS (BY SRI: G M SHARATH KUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLUR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. JAYARAMEGOWDA T S/O THIMANNA AGED ABOUT 40 YEARS R/AT HIRISAVE VILLAGE CR PATNA TALUK HASSAN DISTRICT - 573116. PRESENTLY R/A NDEPL KARABAYALU TOLL, BELLUR HOBLI NAGAMANGALA TALUK MANDYA, KARNATAKA-571418. …RESPONDENTS (BY SRI: ANOOP KUMAR HCGP FOR R1) - 3 - HC-KAR NC: 2025:KHC:37513 CRL.P No. 11852 of 2025 THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.145/2025 FILED BY THE RESPONDENT BELLUR POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 504, 341, 506, 323 READ WITH SECTION 149 OF IPC 1860 ON THE FILE OF THE HON'BLE CIVIL JUDGE AND JMFC COURT, NAGAMANGALA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned petition arises out of a case and counter case. 2. Despite earnest efforts made by the learned counsel for the petitioners to persuade this Court to grant indulgence, this Court is of the considered view that in matters arising out of a case and counter-case, the very registration of such cases presupposes the presence of both rival parties at the scene of occurrence as well as acknowledgment of the incident itself. The determination as to whether the petitioners were the aggressors or, on the contrary, victims of the alleged occurrence, is a matter that necessarily falls within the domain of the trial Court, which is required to adjudicate such issues upon appreciation of the entire evidence placed on record. - 4 - HC-KAR NC: 2025:KHC:37513 CRL.P No. 11852 of 2025 3. In the present case, the materials collected during investigation and reflected in the charge sheet clearly disclose that the second respondent–complainant has sustained injuries. In light of this fact, no indulgence can be shown to the petitioners at this stage. 4. Accordingly, the Criminal Petition stands dismissed as withdrawn. However, liberty is reserved to the petitioners to approach the trial Court by filing an appropriate application seeking discharge, if they are so advised, and the same shall be considered in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BGN List No.: 1 Sl No.: 31