- 1 - HC-KAR NC: 2025:KHC-K:3247 CRL.P No. 200226 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO. 200226 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VIRESH S/O DANAPPA JOGUR, AGE:47 YEARS,OCC: PVT. 2. SMT. SAVITRI W/O VIRESH JOGUR, AGE:41 YEARS, OCC: H.H. WORK, 3. SMT. BOURAMMA W/O SHANKARALINGAPPA MADANSHETTI, AGE:77 YEARS, OCC: H.H. WORK, ALL R/O. H.NO.549, KIRTI NAGAR, IN FRONT OF SAI MANDIR, VIJAYAPURA. …PETITIONERS (BY SRI M.G. BHRUNGIMATH, ADVOCATE) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3247 CRL.P No. 200226 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH ADDL. SPP HIGH COURT OF KARNATKA, KALABURAGI-585103. 2. AMARESH S/O REVANSIDAPPA ALAGUNDAGI, AGE:47 YEARS, OCC: PRIVATE WORK, R/O. HOUSE NO.50, AKKI COLONY, ASHRAM ROAD, VIJAYAPURA, KARNATAKA 586103. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI S.S. MAMADAPUR, ADVOCATE, FOR R2) THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO ALLOW THIS PETITION AND QUASH THE PROCEEDINGS IN C.C. NO.2579/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 499 OF IPC AGAINST THE PETITIONERS, PENDING BEFORE THE 3RD ADDL. SENIOR CIVIL JUDGE, JMFC, VIJAYAPURA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3247 CRL.P No. 200226 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Learned counsel for the petitioners has filed a memo along with an affidavit of the first petitioner. 2. The affidavit reads as under: “I, Viresh S/o. Dhanappa Jogur, Age: 44 years, Occ: Private work, R/o. Ward No.5 Sy.NO.91 K Plot NO.30 Ashram Road Vijayapur, at Kalaburagi, do hereby solemnly affirms on oath as under: 1. I state that I am Petitioner No.1 in the above case, as such I know the facts of the case. 2. That on dated 6.12.2022 in Vijayavani News paper by mistake and due to over sight my name is appeared as son and my children name are appeared as grandsons of late Sri. Shankaralingappa Doddappa Madanshetty. For any pain caused to any one I offer my un conditional apology. Hence, that the contents of this affidavit are true and correct to the best of my knowledge, belief and information.” - 4 - HC-KAR NC: 2025:KHC-K:3247 CRL.P No. 200226 of 2025 3. It is submitted by learned counsel for the petitioners that in view of the memo filed along with affidavit, the matter can be disposed off as there is an unequivocal apology tendered in respect of the published item in the heading ‘Punyasmarane’ in Vijayavani Kannada Daily Newspaper. 4. Learned counsel Sri S.S. Mamadapur appearing for the second respondent/complainant is present and he submits that in view of the affidavit, the petition may be closed with a specific direction to the petitioners that the petitioners shall not in any manner defame the deceased Shankarlingappa Madanashetty. 5. Placing submissions by learned counsels for the petitioners and the second respondent, and the affidavit filed by the petitioners, exercising inherent power vested in this Court, the following order is passed: - 5 - HC-KAR NC: 2025:KHC-K:3247 CRL.P No. 200226 of 2025 ORDER i. The petition is allowed. ii. Pending proceedings in C.C. No.2579/2024 pending on the file of the III Additional senior Civil Judge, JMFC, Vijayapura, is hereby quashed. iii. Petitioners are directed that henceforth they shall not defame deceased Shankarlingappa Madashetty in any manner. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 34 CT:PK