- 1 - HC-KAR NC: 2026:KHC-D:2447 CRL.P No. 104047 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104047 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI HAIDER USMAN SHAIKH AGE 60 YEARS, OCCUPATION: AGRICULTURIST R/O SAHASRALLI VILLAGE, YELLAPUR (U.K) UTTAR KANNADA TALUKA AND DISTRICT UTTARA KANNADA PIN CODE 581 359. 2. SHRI ASPAK HAIDER SHAIKH AGE 22 YEARS, OCCUPATION AGRICULTURIST R/O SAHASRALLI VILLAGE, YELLAPUR (U.K ) UTTARA KANNADA TALUKA AND DISTRICT UTTARA KANNADA PIN CODE 581359. …PETITIONERS (BY SRI. GURURAJ R. TURAMARI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PSI, YALLAPUR POLICE STATION TALUKA YALLAPUR AND DISTRICT UTTARA KANNADA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD 580011. 2. SHRI MAIDEEN USMAN SHAIKH AGE ABOUT 55 YEARS, OCC. FARMER, R/O. SAHASRALLI VILLAGE YELLAPUR (U.K) UTTARA KANNADA, TALUKA AND DISTRICT UTTARA KANNADA PIN CODE 581 359. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. UMESH P. HAKKARKI, ADVOCATE FOR R2) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:24 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2447 CRL.P No. 104047 of 2025 THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS 2023, PRAYING TO QUASH ALL THE PROCEEDINGS INCLUDING THE COMPLAINT, FIR AND THE CHARGE SHEET CRIMINAL CASE NO- 526/2025 (YALLAPUR PS CRIME NO-0155/2025) PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT, YALLAPUR FOR THE OFFENCE PUNISHABLE UNDER SECTION 115(2) OF THE BHARATIYA NYAYA SANHITA (BNS), ON THE BASIS OF THE COMPLAINT FILED BY THE RESPONDENT NO-2 ON 25-06-2025, IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Gururaj R. Turamari, learned counsel for the petitioners; Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1; and Sri Umesh P. Hakkarki, learned counsel for respondent No.2. 2. The parties and their respective advocates are present. 3. There is no possibility of an amicable settlement, as the petitioners herein have also filed a criminal case against respondent No.2. 4. Since the matter relates to a civil dispute and respondent No.2 is enjoying the benefit of an interim order - 3 - HC-KAR NC: 2026:KHC-D:2447 CRL.P No. 104047 of 2025 granted by the Civil Court, this Court is not inclined to exercise the inherent powers vested in it under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) to quash the pending criminal proceedings. 5. Accordingly, the following order is passed: ORDER The petition is dismissed. All contentions are kept open to be urged during the trial. Sd/- (V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 116