- 1 - HC-KAR NC: 2025:KHC-D:17492 CRL.P No. 104783 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104783 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. MALLIKARJUN TAMMANNI @ TAMMANNIGOUDA PATIL, AGE. 19 YEARS, OCC. STUDENT, R/O. JODAKURALI-591213, TQ. CHIKKODI, DIST. BELAGAVI. …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY CHIKKODI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DHARWAD-580001. 2. SRI. BASAGOUDA SHIDAGOUDA PATIL S/O. SIDAGOUDA PATIL, AGE. 39 YEARS, OCC. FARMER, R/O. JODAKURALI-591213, TQ. CHIKKODI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. DHANANJAYA H.M., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE ORDER DATED 20.08.2025 AND ENTIRE PROCEEDINGS IN C.C.NO.2247/2024 PASSED BY THE PRL. CIVIL JUDGE AND JMFC CHIKKODI, THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 326, 341, 506, R/W 34 OF IPC IN CRIME NO.48/2024 REGISTERED WITH CHIKKODI PS, HAS PRESENTED PETITION AND ALLOW THE ABOVE CRIMINAL PETITION AND ETC., Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17492 CRL.P No. 104783 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking to quash entire proceedings in Crime No.48/2024 of respondent No.1/Police for the offence under Sections 323, 324, 326, 341, 506 r/w. Section 34 of Indian Penal Code, 18601. Brief facts of the case; 2. The case of the prosecution is that the complainant has stated in his complaint that the accused in the FIR are uncles, aunts and their children. The complainant and his uncles had purchased the property and it was to be divided to their respective shares. However, it is alleged that the complainant was not willing to come forward to get the properties transferred in the name of his uncles. Therefore, it is alleged that he was assaulted by them. 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:17492 CRL.P No. 104783 of 2025 3. Based on the complaint, respondent No.1/Police have registered a case and conducted investigation and submitted the charge-sheet. The present petitioner is arrayed as accused No.9. 4. Heard Sri.Neelendra D.Gunde, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1/State. 5. The submission of the learned counsel for the petitioner is that the name of this petitioner though, appeared in the FIR as accused No.9, no specific overt act is attributed against the petitioner, either in the complaint or in the charge-sheet. The omnibus allegations are made against the present petitioner. 6. It is further submitted that even though the petitioner is subjected to face the trial, the possibility of being convicted is remote, under such circumstances asking the petitioner to face trial would be, not only an abuse of process of law, but also, a futile exercise. Therefore, the - 4 - HC-KAR NC: 2025:KHC-D:17492 CRL.P No. 104783 of 2025 case against the petitioner has to be quashed. Making such submissions, he prays to quash the proceedings. 7. Per contra, the learned High Court Government Pleader for respondent No.1/State vehemently submitted that the averments of the charge-sheet would indicate that all the accused including the present petitioner had assaulted respondent No.2 in respect of civil dispute. The involvement of the present petitioner has been reflected in the complaint as well as in the charge-sheet. Therefore, at this stage, it is premature to quash the proceedings. Hence, the petition has to be dismissed. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the charge-sheet, it appears that accused Nos.1 to 9 in furtherance of common intention to assault the complainant started quarrelling with him. It is stated in the charge-sheet that all the accused alleged to have assaulted the injured and caused injuries to him. However, on going through the - 5 - HC-KAR NC: 2025:KHC-D:17492 CRL.P No. 104783 of 2025 contents of the said charge-sheet, no specific overt act is attributed against the present petitioner, or the averments made in the said complaint do not constitute the ingredients of the provisions stated in the charge-sheet. Therefore, it is appropriate to quash the proceedings against the petitioner. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) Entire proceeding in Crime No.48/2024 of respondent No.1/Police for the offence under Sections 323, 324, 326, 341, 506 r/w. Section 34 of IPC in respect of the present petitioner/accused No.9, are hereby quashed. Sd/- (S.RACHAIAH) JUDGE PJ/Ct:UMD List No.: 4 Sl No.: 2