- 1 - HC-KAR NC: 2026:KHC-D:1259 CRL.P No. 101358 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101358 OF 2023 (482(Cr.PC)/528(BNSS)-) BETWEEN: 1. DAVALSAB S/O. BAVASAB MUJAWAR AGE. 74 YEARS, OCC. RTD. ASI, R/O. CHAVAHAN PLOT NO.61, PRIYADARSHINI COLONY, GOKUL ROAD, HUBBALLI-580030. 2. BABAJAN HUSENSAB MUJAWAR AGE. 32 YEARS, OCC. AGRICULTURE, R/O. NAGANUR VILLAGE, TALUKA. NAVALAGUND, DIST. DHARWAD-582208. …PETITIONERS (BY SRI. D. L. LADKHAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RURAL POLICE STATION, HUBBALLI R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. SAIDUSAB S/O. MAHABUBSAB PEERKHANAVAR AGE. 50 YEARS, OCC. POLICE OFFICER, R/O. HEBSUR VILLAGE, HUBBALLI TALUKA, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.02 17:04:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1259 CRL.P No. 101358 of 2023 DIST. DHARWAD-581209. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. VYAS DESAI, ADVOCATE FOR SRI. AKASH R. NAIK, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH CRIMINAL PROCEEDINGS IN C.C.NO. 21/2023 FOR THE OFFENCES P/U/SEC. 323, 341, 504, 506 34 OF IPC, ON THE FILE OF 2ND JMFC, HUBBALLI, PENDING TRIAL AGAINST THE PETIITONERS. THIS CRIMINAL 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. D. L. Ladkhan, learned counsel for the petitioners, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. Vyas Desai, learned counsel appearing on behalf of Sri. Akash R. Naik, learned counsel for respondent No.2. 2. Accused Nos.1 and 2 are the petitioners filed this petition with the following prayer: “Wherefore, it is most humbly prayed to the Hon’ble Court to: To quash criminal proceedings in C.C.No.21/2023 for the offences punishable - 3 - HC-KAR NC: 2026:KHC-D:1259 CRL.P No. 101358 of 2023 under Sections 323, 341, 504, 506 read with Section 34 of IPC, on the file of II JMFC, Hubballi, pending trial, against the petitioners, in the interest of justice.” 3. Petitioners have been shown as accused in the charge sheet, which is now pending in C.C. No.21/2023 on the file of II JMFC, Hubballi, for the offences punishable under Sections 323, 341, 504 and 506 read with Section 34 of the Indian Penal Code, 1860. 4. Grounds urged in the petition are essentially in the nature of a defence, which cannot be taken note of by this Court at this stage, especially when the same are disputed. 5. The case of the prosecution and the defence raised in the present petition practically depend upon the documentary evidence, namely the encashment of the F.D. receipt. 6. As such, this Court cannot hold a mini trial to appreciate the contentions raised on behalf of the - 4 - HC-KAR NC: 2026:KHC-D:1259 CRL.P No. 101358 of 2023 petitioners or to evaluate the complaint averments, which have resulted in filing of the charge sheet. 7. Accordingly, reserving liberty to the petitioners to urge all available defences in the Court below, the following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM List No.: 3 Sl No.: 17