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2026 DAILYLAW 43164 (KAR)

DHARANESHAPPA. P v. THE STATE OF KARNATAKA, BY

CRL.P/5686/2026 · 2026-09-25

Anant Ramanath Hegde

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 14356 OF 2026 C/W CRIMINAL PETITION NO. 5686 OF 2026 IN CRL.P No. 14356/2026 BETWEEN: 1. SRI D H JAGADEESHA S/O LATE HONNAPPA, AGED ABOUT 70 YEARS 2. SRI ROHIT J, S/O JAGADEESHA, AGED ABOUT 37 YEARS SL NO.1 TO 2 ARE RESIDING AT GODABANAL VILLAGE KASABA HOBLI, CHITRAGURGA CHITRADURGA DISTRICT-577555 …PETITIONERS (BY SRI VEERABHADRAIAH M C.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE STATION CHITRADURGA REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560 001. 2. SRI DHARANESHAPPA.P S/O LATE PARAMESHWARAPPA AGED ABOUT 62 YEARS Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 RESIDING AT GODABANAL VILLAGE KASABA HOBLI, CHITRADURGA, CHITRADURGA DISTRICT-577555. …RESPONDENTS (BY SRI M V ANOOP KUMAR, ADDL.SPP FOR R1, SRI CHETHAN B, ADVOCATE FOR R2) 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 FINAL CHARGE SHEET DATED 27.12.2025, FILED BY THE FIRST RESPONDENT / CHITRADURGA RURAL POLICE, CHITRADURGA IN CRIME NO.490/2025 FOR THE ALLEGED OFFENCES P/U/S 74, 118(1), 118(2), 351(2), 352 R/W SEC.3(5) OF THE BNS, 2023, WHICH PRESENTLY IS PENDING ON THE FILE OF HONBLE 1ST ADDL. CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, AT CHITRADURGA, CHITRADURGA DISTRICT IN CC.NO.86/2026. IN CRL.P NO. 5686/2026 BETWEEN: 1. DHARANESHAPPA. P, S/O PARAMESWARAPPA, AGED ABOUT 62 YEARS, R/O GODABANALU VILLAGE, CHITRADURA TALUK, CHITRADURGA-577501. ...PETITIONER (BY SRI CHETHAN B.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CHITRADURGA RURAL PS, CHITRADURGA 577501 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE 560001. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 2. JAGADISHA D.H, S/O. LATE HONNAPPA AGED ABOUT 70 YEARS, R/OGODABANALU VILLAGE, CHITRADURA TALUK, CHITRADURGA-577501. ...RESPONDENTS (BY SRI M V ANOOP KUMAR, ADDL.SPP FOR R1, SRI M C VEERBHADRAIAH,ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER HEREIN IN CC.NO.88/2026 ARISING OUT OF CR.NO.491/2025 REGISTERED BY RESPONDENT IN CHITRADURGA RURAL P.S., CHITRADURGA, PENDING BEFORE THE HONBLE II ADDL. CIVIL JUDGE AND JMFC COURT, CHITRADURGA, FOR THE OFFENCES P/U/S 115(2),118(1),351(2),352 OF BNS, 2023. THESE PETITIONS, 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 for the parties in Criminal No.14356/2026 and in Criminal No.5686/2026. 2. These two proceedings are filed to quash the two charge sheets pursuant to the complaint registered in Chitradurga Police Station and the said incident said to Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 have taken place on 29.11.2025. In respect of the complaint filed by the second respondent in Criminal Petition No.14356/2026 the FIR is registered in Crime No.491/2025 for the offence under Sections 118(1), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023 and in respect of another complaint which is assailed in Criminal Petition No.5686/2024 the FIR is registered in Crime No.490/2025 for the offence under Sections 118(1), 118(2), 74, 351(2) and 352, 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The Court has considered the contentions raised by learned counsel for both sides. 4. From the materials placed before this Court, it is noticed that in both the complaints, the incident referred to is the incident dated 29.11.2025. It appears to be a case and a counter case. In a way, the alleged incident is admitted. Digitally Signed by ANANT RAMNATH HEGDE - 5 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 5. However, it is submitted that there was a civil dispute between the parties and the same was settled in terms of the order dated 12.11.2014 and the compromise is entered into in O.S. No.574/2009 on the file of Civil Judge, Chitradurga. And the decree is passed on 12.11.2014. 6. The incident appears to have taken place in respect of a passage which was the subject matter of aforementioned civil suit. It appears that the scuffle has started when one of the parties tried to lay the pipeline in the property which was the subject matter of the earlier suit. 7. Though it is noticed that there are simple injuries on both sides, both counsel would submit that the parties do not intend to prosecute the matter as the dispute relating to pipeline to be laid in the passage referred to above is also settled. Digitally Signed by ANANT RAMNATH HEGDE - 6 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 8. Learned Additional SPP would submit that since there are injuries, both parties should face the trial and face the consequences. 9. The Court has considered the contentions raised and perused the records. 10. From the materials on record, it appears that the alleged incident appears to have taken place on account of a genuine misunderstanding relating to laying of the pipeline. And it is submitted by both the counsel that, the pipeline is laid under the Government scheme. And that being the position, the Court is of the view that the trial does not serve any purpose as both the complainants are not interested in prosecuting the matter. 11. Hence the petition is allowed. 12. Proceeding in C.C. No. 86/2026 in Crime No. 490/2025 pending before Hon'ble JMFC Court, Chitradurga is quashed. Digitally Signed by ANANT RAMNATH HEGDE - 7 - HC-KAR CNR: KAHC010645472026 NC: 2026:KHC:53434 CRL.P No. 14356 of 2026 C/W CRL.P No. 5686 of 2026 13. Proceeding in C.C. No. 88/2026 in Crime No. 491/2025 pending before Hon'ble JMFC Court, Chitradurga is quashed. (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 6 Digitally Signed by ANANT RAMNATH HEGDE