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2026 DAILYLAW 53162 (KAR)

SRI. KRISHNA N. LAMANI S/O SHRI NARASINGAPPA v. SRI. MOHAN KUNTAR S/O A. CHANDRASHEKAR

CRL.P/100176/2021 · 2026-01-30

V Srishananda

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:1242 CRL.P No. 100176 of 2021 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. 100176 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. KRISHNA N. LAMANI S/O SHRI NARASINGAPPA AGE. 38 YEARS, OCC. REPORTER VIJAY KARNATAKA, KANNADA DAILY NEWS PAPER, GANGAVATHI EDITION, R/O. NEAR VENUGOPALA TEMPLE, PATEL NAGAR, HOSAPETE, DIST. BALLARI-583201. 2. CHANDRASHEKHAR BASAPPA S/O BASAPPA AGE. 46 YEARS, OCC. RESIDENT EDITOR, VIJAY KARNATAKA, KANNADA DAILY NEWS PAPER R/O. 2ND FLOOR, SHRINIVAS COMPLEX, NEAR KSRTC BUS STAND, GANGAVATHI, DIST. KOPPAL-583227. …PETITIONERS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: SRI. MOHAN KUNTAR S/O A. CHANDRASHEKAR AGE. 56 YEARS, OCC. PROFESSOR (PROFESSOR OF TRANSLATION DIVISION) HAMPI UNIVERSITY R/O. PAYASHWINI NILAYA, SHANTI NAGAR, COLLEGE ROAD, HOSAPETE DIST. BALLARI-583201. …RESPONDENT (BY SRI. S.G. KADAKATTI, AND SRI. LINGESH V. KATTEMANE, ADVOCATES) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO CALL FOR RECORDS IN CC NO.514/2018 (PCR CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.02 17:04:19 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1242 CRL.P No. 100176 of 2021 NO.1/2015) PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, HOSAPETE AND QUASH THE ORDER DATED 03/04/2018 IN C.C.NO.514/2018 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, HOSAPETE, ONLY IN SO FAR IT RELATES TO THE PETITIONER IS CONCERNED WHEREBY THE LEARNED JUDGE TOOK COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 500 IPC AND ORDERED ISSUANCE OF PROCESS TO THE PETITIONERS / ACCUSED NO.2 AND 3 AND FURTHER BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CRIMINAL CASE BEARING NO.514/2018 (P.C.NO.1/2015) PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, HOSAPETE, ONLY AGAINST PETITIONERS, IN THE INTEREST OF JUSTICE. 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 Hanumanthareddy Sahukar, learned counsel for the petitioners, and Sri S.G. Kadadakatti and Sri Lingesh Kattemane, learned counsel for the respondents. 2. The petitioners are the accused in CC No.514/2018 and seek the following relief: “WHEREFORE, it is humbly prayed that this Hon'ble Court may be pleased to: i) Call for records in C.C. No. 514 of 2018 (PCR No. 1/2015) pending on the file of the Addl. Civil Judge and JMFC, Hosapete; - 3 - HC-KAR NC: 2026:KHC-D:1242 CRL.P No. 100176 of 2021 (ii) Quash the order dated 03.04.2018 in C.C. No. 514/2018 passed by the learned Addl. Civil Judge and JMFC, Hosapete, only in so far it relates to the petitioner is concerned whereby the learned Judge took cognizance of the offence punishable under Section 500 I.P.C and ordered issuance of process to the petitioners/Accused No. 2 and 3 and further be pleased to quash the entire proceedings in Criminal Case bearing No. 514/2018 (P. C. No. 1/2015) pending on the file of the learned Addl. Civil Judge and JMFC, Hosapete, only against petitioners, in the interest of justice and equity.” 3. A private complaint was filed alleging defamation. The learned trial Magistrate, after recording the statements of complainant and considering the documentary evidence, registered the criminal case, which is now pending as CC No. 514/2018, and issued process. 4. Being aggrieved by the issuance of process, the petitioners have approached this Court. 5. Sri Hanumanthareddy Sahukar, learned counsel for the petitioners, contends that, prima facie, the published material does not contain any defamatory statements, and therefore, the issuance of process is erroneous. - 4 - HC-KAR NC: 2026:KHC-D:1242 CRL.P No. 100176 of 2021 6. He further contends that there is no direct nexus between the alleged defamation and the present petitioners, who are accused Nos.2 and 3, and therefore, seeks quashing of the complaint. 7. Per contra, Sri Lingesh Kattemane, learned counsel for the respondents, submits that the learned trial Magistrate has duly considered the prima facie material before passing the order of issuance of process. The grounds raised in the petition at the most are in the nature of defence available to the accused in the pending trial and therefore, the petition is liable to be dismissed. 8. Having heard the arguments and perused the material on record, it is observed that the publication annexed to the petition is prima facie defamatory. 9. Whether the publication falls within the guidelines issued by the Press Council of India cannot be decided at this stage by holding a mini-trial. - 5 - HC-KAR NC: 2026:KHC-D:1242 CRL.P No. 100176 of 2021 10. If the petitioners have no role in the alleged publication, they may bring the same to the notice of the trial Magistrate during the trial in accordance with law. 11. The petitioners are thus at liberty to urge all available defences before the trial court. 12. Accordingly, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE AC, CT:CMU LIST NO.: 3 SL NO.: 8