- 1 - HC-KAR NC: 2026:KHC-D:1684 CRL.P No. 103109 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103109 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SMT. PRAVEENA W/O ANAND SHIRASANGI AGE. 47 YEARS, OCCUPATION. HOUSEHOLD, R/O ATHANI, TALUKA ATHANI, DIST. BELAGAVI, NOW AT C/O SANKESHWAR VILLAGE TAL HUKKERI, DIST. BELAGAVI 591 313. …PETITIONER (BY SMT. PRIYANKA H. PAWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ATHANI POLICE REPRESENTED BY HCGP HIGH COURT OF DHARWAD-580001. 2. DADA GANGARAM NIKKAM AGE. 65 YEARS, OCC. RETIRED PERSON, R/O JAMAKHANDI POST.COLONY HUNNUR, TQ. JAMKHANDI, DIST. BAGALKOTE 587101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. SUNANDA P. PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS, 2023) SEEKING TO ALLOWING THIS CRIMINAL PETITION BY QUASHING IN CC NO. 1596/2020 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC ATHANI FOR ALLEGED OFFENCES PUNISHABLE U/S 427, 447 R/W 34 OF IPC, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:54 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1684 CRL.P No. 103109 of 2024 THIS PETITION, COMING ON FOR ADMISION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Smt.Priyanka H. Pawar, learned counsel for the petitioner, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1 and Smt.Sunanda P. Patil, learned counsel for the respondent No.2. 2. Petitioner is accused No.4 in CC No.1596/2020 on the file of Principal Civil Judge (Junior Division) and JMFC, Athani, Belgaum District for the offence punishable under Sections 427, 447 read with Section 34 of IPC. 3. According to the charge sheet material, when the complainant was trying to plough his land, on 09.04.2018 at about 9 a.m., petitioner along with three more accused persons, trespassed into the land where the complainant was carrying out the agricultural operation and stopped the ploughing of the land and also destroyed the standing crop. - 3 - HC-KAR NC: 2026:KHC-D:1684 CRL.P No. 103109 of 2024 4. Eye witnesses have given a statement before the Investigation officer in this regard which is part of the charge sheet material. 5. Case of the petitioner is that she is married and is living with her husband at Sankeshwar and she was not present at the time of alleged incident and seeks quashing of the pending proceedings. 6. In other words, plea of the petitioner is in the nature of plea of alibi. It is settled principles of law that plea of alibi needs to be established at the end of trial. 7. Therefore, only on the say of the petitioner that she was not present at the time of incident and was living with her husband at Sankeshwar; cannot be a ground to quash the pending proceedings especially when the Investigation Officer has recorded the testimony of independent eye witnesses which is part of the charge sheet material. - 4 - HC-KAR NC: 2026:KHC-D:1684 CRL.P No. 103109 of 2024 8. Accordingly, the following: ORDER i. Petition is dismissed. ii. However, the petitioner may canvass all favourable points in the trial in accordance with law including the plea of alibi. Sd/- (V.SRISHANANDA) JUDGE KAV Ct-CMU LIST NO.: 1 SL NO.: 42