Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010545902026 NC: 2026:KHC:51182 CRL.P No. 12055 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12055 OF 2026 BETWEEN:
1.
MR. SURESH N LADWA, S/O. LATE NAGOSA LADWA, AGED ABOUT 65 YEARS, RESIDING AT NO. 167, LADWA STREET, NEAR GANESH TEMPLE, HARIHARA - 577601 DIST DAVANAGERE.
2.
MR. NIKHIL. S LADWA, S/O SHANKARASA LADWA, AGED ABOUT 28 YEARS, NEAR GANESH TEMPLE, LADWA STREET, HARIHARA - 577601 DIST DAVANAGERE.
3.
MR. VISHAL S LADWA, S/O SURESH N LADWA, AGED ABOUT 27 YEARS, NEAR GANESH TEMPLE, LADWA STREET, HARIHARA - 577601 DIST DAVANAGERE. …PETITIONERS (BY SRI HIREMATH C S,ADVOCATE)
AND:
1.
STATE OF KARNATAKA, BY HARIHARA TOWN POLICE STATION, HARIHARA - 577601,
Digitally Signed by ANANT RAMNATH HEGDE
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HC-KAR
CNR: KAHC010545902026 NC: 2026:KHC:51182 CRL.P No. 12055 of 2026
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, HIGH COURT OF KARNATAKA, BENGALURU - 560001.
2.
MR. VILAS LADWA, S/O. LATE AMBASA LADWA, AGED ABOUT 48 YEARS, RESIDING AT LADWA FARM HOUSE, NEAR JIJA MATA COLONY, HARAPANAHALLI ROAD, HARIHARA - 577601.
DIST DAVANAGERE. …RESPONDENTS (BY SRI G S ARUNA, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN FIR INCR.NO.80/2026 AND CHARGE SHEET IN C.C.NO.2989/2026 IN HARIHARA TOWN P.S. U/S 115(2),118(1),351(2),352 R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE I ADDL.CIVIL JUDGE AND J.M.F.C COURT HARIHARA, DAVANAGERE DIST.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader for respondent No.1-State. Digitally Signed by ANANT RAMNATH HEGDE
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HC-KAR
CNR: KAHC010545902026 NC: 2026:KHC:51182 CRL.P No. 12055 of 2026
2. This petition is filed to quash the proceedings in C.C. No.2989/2026 pending before JMFC, Harihara.
3. The alleged offence under Sections 115(2), 118(1), 351(2), 352, read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS').
4. It is noticed that the FIR is registered in Crime No.80/2026.
5.
Learned counsel appearing for the petitioners would submit that the partition suit is pending between the parties and FDP is pending since 2017. The petitioners are one of the respondents in the said FDP.
6. It is submitted that, the complainant had earlier filed complaints on three occasions and once the police have filed the 'B' report and two matters are stayed before this court after the charge sheet. Thus, learned counsel would contend that there is no justification to file the present charge sheet.
7. The Court has considered the contentions raised and perused the contents of the complaint and also the charge sheet materials. Digitally Signed by ANANT RAMNATH HEGDE
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HC-KAR
CNR: KAHC010545902026 NC: 2026:KHC:51182 CRL.P No. 12055 of 2026
8. The contents of the complaint would indicate that there is an assault and abuse and the complainant allegedly suffered injury.
9. The police have investigated the matter and charge sheet is filed and the charge sheet materials would indicate the wound certificate and it is alleged that there are eye-witnesses to the incident.
10. Considering the charge sheet materials, the Court is of the view that the contentions raised by petitioners require trial before adjudicating.
11. Petition is dismissed.
(ANANT RAMANATH HEGDE) JUDGE
CHS List No.: 1 Sl No.: 32
Digitally Signed by ANANT RAMNATH HEGDE