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2026 DAILYLAW 47118 (KAR)

SRI BHASKAR KANCHAN v. STATE OF KARNATAKA

CRL.P/3367/2022 · 2026-01-08

M G Uma

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1071 CRL.P No. 3367 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 3367 OF 2022 BETWEEN: 1. SRI BHASKAR KANCHAN AGED ABOUT 56 YEARS S/O MUDURA 2. SMT GAYATHRI AGED ABOUT 43 YEARS W/O SRI BHASKAR KANCHAN 3. MS. BINDU B. KANCHAN AGED ABOUT 20 YEARS D/O SRI BHASKAR KANCHAN PETITIONERS ARE RESIDENTS OF R/A 178-1, 'NISARGA' DODDONI ROAD, BIJADI, KOTESHWARA, KUNDAPURA TALUK, PIN - 576 222 …PETITIONERS (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUNDAPURA POLICE STATION, KUNDAPURA-576201 REP BY S.H.O. 2. SRI SUNDAR K.S. AGED ABOUT 52 YEARS S/O SHEENA AMEEN DODDONI ROAD, BIJADI GRAMA, KOTESHWARA KUNDAPURA TQ - 576222 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 SRI. K. PRASAD HEGDE, ADVOCATE FOR R2) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1071 CRL.P No. 3367 of 2022 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CC NO. 1473/2019 ON THE FILE OF THE ADDL. CIVIL JUDGE AND J.M.F.C KUNDAPURA. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Petitioner Nos.1 to 3 being accused Nos.1 to 3 in C.C.No.1473/2019 on the file of the learned Additional Civil Judge and JMFC, Kundapura, registered for the offences punishable under Sections 341, 354-B, 504, 506 and 321 of Indian Penal Code (for short, 'the IPC'), are seeking to quash the criminal proceedings initiated against them. 2. Heard Sri. Nataraja Ballal A., learned counsel for the petitioner and Sri.Rangaswamy R., learned High Court Government Pleader for respondent pondent No.1 and Sri. K. Prasad Hegde, learned counsel for respondent No.2. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: - 3 - HC-KAR NC: 2026:KHC:1071 CRL.P No. 3367 of 2022 "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'negative' for the following: REASONS 4. Respondent No.2 filed the first information against the petitioners, alleging commission of offences as stated above, on the ground that on the date of incident i.e. on 14.12.2018 at 9:00 a.m., when he was proceeding along with his wife and daughter on a public road, the accused formed themselves into unlawful assembly, illegally restrained, criminally intimidated him to chop his body, gave life threat and thereby committed the offences as stated above. 5. According to the learned counsel for the petitioners it is a dispute purely between the members of the family and a Civil Suit in O.S.No.41/2012 for partition and separate possession is pending consideration before the Civil Court. This fact is admitted by the learned counsel for respondent No.2. But according to him, one more criminal case is filed by the - 4 - HC-KAR NC: 2026:KHC:1071 CRL.P No. 3367 of 2022 petitioners against respondent No.2 and the same is pending consideration before the Criminal Court. There are serious disputes amongst the parties. 6. In the first information, respondent No.2 being the informant had made a specific allegation against the petitioners. After investigation, the charge sheet came to be filed. The Trial Court took cognizance of the offences and now it is pending in C.C.No.1537/2019. There are prima-facie materials to constitute the offences as alleged. Under such circumstances, it cannot be said that initiation of criminal proceedings is in abuse of process of law or otherwise required to be quashed. 7. In view of the above, I answer the above point in the 'negative' and proceed to pass the following: ORDER The Criminal Petition is dismissed. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 15