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High Court of Karnataka · body

2026 DAILYLAW 53321 (KAR)

SHRI. SANTOSH DUNDAPPA PADAMANNAVAR v. SMT. MALLAWWA W/O SHIVANAPPA ASUNDI

CRL.A/100492/2023 · 2026-01-14

V Srishananda

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:414 CRL.A No. 100492 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100492 OF 2023 (A) BETWEEN: SHRI. SANTOSH DUNDAPPA PADAMANNAVAR AGE. 44 YEARS, OCC. BUSINESS, R/O. PLOT NO. 6573, SECTOR NO.10, ANJAYANEY NAGAR, MALMARUTI EXTENSTION, BELAGAVI 590013. …APPELLANT (BY SMT. GEETHA K.M., ADVOCATE) AND: 1. SMT. MALLAWWA W/O. SHIVANAPPA ASUNDI AGE. 49 YEARS, OCC. MAID SERVANT, C/O. BABU ANIL MUTGI, SECTOR NO.7, OPP. GOVT. SCHOOL, ANJANEYA NAGAR, MALMARUTI EXTENSION, BELAGAVI 590013. 2. SHRI. GOPAL S/O SHIVANAPPA ASUNDI AGE. 15 YEARS, OCC. COOLIE, C/O. BABU ANIL MUTAGI, SECTOR NO.7, OPP. GOVT. SCHOOL, ANJAYANEYA NAGAR, MALMARUTI EXTENSION, BELAGAVI 590013. 3. SHRI BAHUDDIN S/O RUKMUDDIN GADDEKAR AGE. 37 YEARS, OCC. POLICE INSPECTOR, MALMARUTI POLICE STATION, BELAGAVI 590013. 4. SHRI. JYOTIRLINGA CHANDRAM HONAKATTI AGE. 38 YEARS, OCC. POLICE INSPECTOR, CID BENGALURU 560001. 5. SHRI. BASAVARAJ HULASAGUND AGE. 64 YEARS, OCC. RTD. ACP MARKET POLICE STATION, R/O. KULAPATHINAGAR, BIJAPUR 586101. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:414 CRL.A No. 100492 of 2023 6. SHRI. SULEMAN TAHSILDAR AGE. 52 YEARS, OCC. POLICE INSPECTOR, KAKATI POLICE STATION, BELAGAVI 591113. 7. SHRI. ANUPAM AGARWAL AGE. 40 YEARS, OCC. DIRECTOR OF KRIDA DEPT. R/O. BENGALURU 560001. 8. SHRI. BASAVARAJ NAYAK AGE. 42 YEARS, OCC. POLICE HEAD CONSTABLE, DCIB, BELAGAVI 59001. 9. SHRI. HANMANT NISANNAVAR AGE. 43 YEARS, OCC. ACP, MARKET, BELAGAVI 591307. 10. SHRI. SHIVALING BHIMAPPA PATIL AGE. 40 YEARS, OCC. POLICE CONSTABLE, CCB, BELAGAVI 590001. …RESPONDENTS (BY SRI. VINAYKUMAR SHETTY, ADVOCATE FOR R2; SRI. AVINASH M. ANGADI, ADVOCATE FOR R3, R5 AND R7; SRI. GANAPATI M. BHAT, ADVOCATE FOR R4, R6, R8 AND R9; SRI. RAVIRAJ C. PATIL, ADVOCATE FOR R10; NOTICE SERVED TO R1) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 R/W 401 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL FOR OFFENCES, WHICH ARE PUNISHABLE U/SEC. 143, 167, 379, 380, 381, 395, 406, 408 R/W 149 OF IPC, DATED 28.02.2023 PASSED IN P.C. NO. 27/2019 ON THE FILE OF II JMFC, BELAGAVI AND THEREBY THE PROVISION U/SEC. 203 OF CR.P.C. THE PRIVATE COMPLAINT FILED BY THE COMPLAINANT AGAINST ACCUSED NO. 1 TO 10 IS HEREBY DISMISSED, BY ALLOWING THE APPEAL TO MEET THE ENDS OF JUSTICE. THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:414 CRL.A No. 100492 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Smt.Geetha K.M., learned counsel for the appellant, Sri Vinaykumar Shetty, learned counsel for respondent No.2, Sri Avinash M.Angadi, learned counsel for respondents No.3, 5 and 7, Sri Ganapati M.Bhat, learned counsel for respondents No.4, 6, 8 and 9 and Sri Raviraj C.Patil, learned counsel for respondent No.10. 2. Office has raised the objection with regard to the maintainability of the appeal. 3. Perused the impugned order. By impugned order, the jurisdictional Magistrate has dismissed the private complaint by acting under Section 203 Cr.P.C., which is not an appealed order. 4. Hence, petition appeal dismissed as not maintainable. Sd/- (V.SRISHANANDA) JUDGE CLK, CT:CMU LIST NO.: 2 SL NO.: 3