- 1 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.101866 OF 2022 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION No.102289 OF 2019 IN CRL.P.No.101866/2022 BETWEEN: GIRIJAMMA W/O LATE KARIVEERAPPA AGE. 65 YEARS, R/O. GURUKRUPA COLONY, 2 GP/17, PATEL NAGAR, BALLARI-583101. …PETITIONER (BY Ms.RANJITA REDDI, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, GANDHI NAGAR PS, BALLARI-583101. 2. MURULI S/O RAMESHRAJ AGE. 34 YEARS, OCC. MANAGER IN ROYAL CITY HOSPITAL R/O. JANATHA NAGAR, NEAR BSAL FACTORY ANANTAPUR ROAD, BALLARI-583101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS FILED IN CC NO 1090/2016 IN GANDHI NAGAR POLICE STATION CRIME NO 92/2015 PENDING BEFORE PRINCIPAL CIVIL JUDGE AND JMFC BALLARI OFFENCES PUNISHABLE UNDER SECTION 323, 324, 504, 506 R/W 34 OF IPC IN SO FAR AS PETITIONER/ACCUSED NO.3 IS CONCERNED. IN CRL.P.NO.102289/2019 BETWEEN: SHRUTI D/O SHYAM ALAGASETTY AGE: 28 YEARS, OCC: ENGINEER, R/O: GURUKRUPA COLONY, 2 GP/17, PATEL NAGAR, BALLARI, NOW AT #200 LAKE VILLAGE TRAIL, AUBURN HILLS, M.I., UNITED STATE OF AMERICA-48326. …PETITIONER (BY SRI. VISHWANATH L. HEGDE, ADVOCATE FOR SRI. H.M. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GANDHINAGAR PS, BALLARI, REP. BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-580011. 2. MURULI S/O RAMESHRAJA AGE: 38 YEARS, OCC: PRIVATE EMPLOYEE, R/O: JANATHA NAGAR, NEAR BSAL FACTORY, ANANATAPUR ROAD, BALLARI. DIST: BALLARI-583101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE CHARGE SHEET IN CRIME NO.92/2015 FOR THE OFFENCES P/U/S 323, 324, 504, 506 R/W SEC. 34 OF IPC, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE & JMFC COURT, BALLARI, INSOFAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED. - 3 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) These two petitions are filed by accused Nos.3 and 2 respectively with the following prayers. PRAYER IN CRL.P.No.101866/2022: “WHEREFORE, the petitioner/A3 most humble prays that this Hon’ble Court be pleased to quash the charge sheet and entire proceedings filed in C.C.No.1090/2016 in Gandhi Nagar Police Station Crime No.92/2015 pending before Principal Civil Judge and JMFC, Ballari, insofar as petitioner/accused No.3 is concerned, in the interest of justice.” PRAYER IN CRL.P.No.102289/2019: “Quash the entire charge sheet in Crime No.92/2015 for the offence punishable u/Sec 323, 324, 504, 506 r/w Sec 34 of IPC pending on the file of Prl. Civil Judge and JMFC, Ballari, so far as petitioner/accused No.2 is concerned.” 2. Facts of the case in brief which are utmost necessary for disposal of the present petitions are as under: A complaint came to be lodged by the respondent No.2 with Gandhinagar Police Station, Ballari District on 08.04.2015 - 4 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 alleging the commission of the offence punishable under Section 326, 392, 504, 506(2) of the Indian Penal Code on 13.03.2015 at about 11.00 am, in respect of a financial transaction. 3. Based on the said complaint, Gandhinagar Police registered a case in Crime No.92/2015, thoroughly investigated the matter and filed charge sheet. Column No.17 of the charge sheet would reveal that when the complainant had been to the house of accused No.1 for the purpose of demanding the money due to him, first accused snatched his neck chain and gave life threat. 4. At that juncture second accused arrived on the scene and assaulted on the back of the complainant. Accused No.3 who was a 55 year old woman as on the date of the incident, resident of opposite house of accused Nos.1 and 2 said to have kicked the complainant. 5. As per the material collected in the charge sheet, CW-4 to CW-6 are the eye witnesses. Their statements would make it clear about the incident and role of each one of the accused. - 5 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 6. However, learned counsel for the third accused would contend that she is now aged 65 years and suffering from old age ailments. Third accused being totally unconnected with the alleged financial transaction, has been falsely implicated by the complainant and thus sought for quashing of the proceedings. 7. Whereas, learned counsel for the second accused would contend that she was not at all present at the place of incident and she did not involve herself in the private affair between the complainant and first accused and sought for quashing of the charge sheet. 8. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would contend that eyewitnesses have specifically stated about the individual overt act of all the accused persons. Therefore, quashing of the charge sheet is impermissible at least till the examination of the charge sheet witnesses. 9. Having taken note of the material on record, insofar as petitioner in Crl.P.No.101866/2022 is concerned, she is now aged 65 years and suffering from old age ailments. It is highly - 6 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 impossible for an aged lady of 55 years (as on the date of the incident) to kick the complainant who was aged about 34 years. Moreover, accused No.3 was not residing in the house of accused No.1 and she was residing in the opposite house. 10. Therefore, a case is made out by accused No.3 to quash the pending charge sheet. 11. However, same is not the factual aspect with regard to accused No.2. There are specific overt acts alleged in the complaint that accused No.2 has assaulted the complainant on the back, joining hands with the first accused. Specific allegation is also levelled against the second accused in the incident and accused No.1 snatched the gold neck chain of the complainant. 12. Therefore, no case is made out by accused No.2 for quashing of the pending criminal case as against her, having regard to the fact that she is aged 24 years and being the sister of first accused and residing with the first accused. 13. Therefore, with liberty for the accused No.2 to seek for discharge, request needs to be turned down. - 7 - HC-KAR NC: 2026:KHC-D:1065 CRL.P No. 101866 of 2022 C/W CRL.P No. 102289 of 2019 14. In view of the foregoing discussion, the following: ORDER (i) Criminal Petition No.101866/2022 filed by accused No.3-Girijamma is allowed. (ii) Consequently, pending criminal case in CC No.1090/2016 pending on the file of the Prl.Civil Judge and JMFC, Ballari, arising out of Crime No.92/2015 of Gandhinagar Police Station, Ballari, is hereby quashed insofar as accused No.3 is concerned. (iii) Criminal Petition No.102289/2019 filed by accused No.2-Shruti is hereby dismissed with liberty to seek for discharge, if the charge sheet materials do not make out a case against her. Sd/- (V.SRISHANANDA) JUDGE kcm Ct-cmu LIST NO.: 1 SL NO.: 17