- 1 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 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. 103793 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI SHIVAPRASAD S/O SURESH MARADI AGE. 36 YEARS, OCC. AGRICULTURE, R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 2. SHRI DILEEP S/O SHIVAPUTRA HOSAMANI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 3. SHRI AKSHAY S/O BABASAHEB MARADI AGE.30 YEARS, OCC. AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 4. SHRI GOUTAM S/O BABASAHEB MARADI AGE. 26 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 5. SHRI BHIMARAO @ MUTTU PRALHAD MARADI AGE.18 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 6. SHRI RAVINDRA @ KACCHA ASHOK MARADI AGE.19 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 7. SHRI KUSHENDRA @ CHOULYA ASHOK MARADI AGE.19 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.02 17:04:26 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 8. SHRI PAVAN @ GUGALYA AT SHRIDHAR MARADI AGE.23 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ. HUKKERI, DIST.BELAGAVI- 591313. 9. SHRI APPAJI @ SHEKHAR SUYRAVANSHI AGE.25 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 10. SHRI VINOD @ PINTU RAMACHANDRA SURYAVANSHI AGE.21 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. 11. SHRI SHANKAR S/O RAMESH MARADI AGE.30 YEARS, OCC.AGRICULTURE R/O. SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. …PETITIONERS (BY SRI. SANTOSH A. BIRANAGI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY POLICE INSPECTOR, SANKESHWAR POLICE STATION, HUKKERI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD- 560001. 2. SMT. KEMAPAVVA W/O SHANKAR BHUSAGOL AGE.48 YEARS, OCC.HOUSEWIFE, R/O. GORAKSHANMAI, SANKESHWAR, TQ.HUKKERI, DIST.BELAGAVI- 591313. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT.SUNANDA P. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS REGISTERED IN CRIME NO.0104/2024 SANKESHWAR P.S. AND IN C.C. NO.576/2025 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., SANKESHWAR, BELAGAVI FOR THE OFFENCES PUNISHABLE U/S 189 (2), 191 (2), 76, 324 (4), 329 (4), 352, 351 (2) R/W - 3 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 SECTION 190 OF BNS, 2023 TO MEET THE ENDS OF JUSTICE AND EQUITY. 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) Heard Sri Santosh Appasab Biranagi, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Smt.Sunanda P.Patil, learned counsel for respondent No.2. 2. Petition under Section 482 Cr.P.C. with the following prayer: “To quash the entire criminal proceedings registered in Crime No.0104/2024 Sankeshwar P.S. and in C.C. No.576/2025 on the file of Civil Judge and J.M.F.C., Sankeshwar, Belagavi for the offences punishable u/s 189 (2), 191 (2), 76, 324 (4), 329 (4), 352, 351 (2) r/w section 190 of BNS, 2023 to meet the ends of justice and equity.” 3. Facts of the case are as under: 3.1 Second respondent filed a complaint with Sankeshwara Police alleging that the petitioners herein took high - 4 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 handed action and trespassed into their land and closed the public road and also damaged the water line by removing the water pipe connection to the complainant's house. 4. Police after registering the case thoroughly investigated the matter and filed charge sheet. Photographs collected by the investigation agency would make it clear that public road to the house of the complainant is blocked with the help of an earth mover and stones and mud is put in the road so as to deny the access to the house of the complainant. Water connection line removed by the high handed action of the petitioners is also depicted in the photograph. 5. After receipt of the charge sheet, cognizance is taken and accused are summoned. Said order is called in question in this petition. 6. Sri Santosh Appasab Biranagi, learned counsel for the petitioners reiterating the grounds urged in the petition would vehemently contend that there is a huge delay in lodging the complaint which exposes the hollowness in the case of the complainant and in respect of the civil dispute in order to have - 5 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 an upper hand, a false case has been filed belatedly as an afterthought and police mechanically investigated the matter one-sidedly and filed charge sheet against the petitioners resulting in miscarriage of justice and sought for quashing the pending criminal proceedings. 7. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would support the filing of the charge sheet by contending that necessary oral and documentary evidence has been collected by the investigation agency and learned trial Magistrate has rightly taken cognizance of the offences alleged against the accused and issued summons and sought for dismissal of the petition. 8. Smt.Sunanda P.Patil, learned counsel appearing for the respondent No.2/defacto complainant, adopting the arguments put forth on behalf of the learned High Court Government Pleader would further contend that mere delay is not a ground for quashing the pending criminal proceedings and at the most it can be a defence which needs to be adjudicated in accordance with law in the trial and sought for dismissal of the petition. - 6 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of material on record, it is crystal clear that the public road is blocked with a heap of mud and stones so as to deny the access to the house of the complainant which is depicted in the photograph. Spot mahazar has taken place and at that juncture also photographs have been taken which clearly shows that there is damage to the water pipeline. 11. Whether at all the petitioners are responsible for the same or who has blocked the public road are all matters which need to be adjudicated during the trial. 12. Mere delay in lodging the complaint would not ipso facto render the complaint as a false complaint. Sufficient reasons are also assigned for delayed complaint. Moreover, there was no injunction in favour of the petitioners either so as to interfere with the possession of the petitioners that too by blocking the public road. 13. These aspects of the matter would prima facie make out the ingredients to attract the offences alleged against the - 7 - HC-KAR NC: 2026:KHC-D:1265 CRL.P No. 103793 of 2025 petitioners herein, which requires full-fledged trial to find out the innocence or otherwise of the accused persons. 14. Accordingly, reserving the liberty for the petitioners to canvass all available defences in accordance with law in the pending trial following order is passed. ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 3 SL NO.: 32