- 1 - HC-KAR NC: 2026:KHC-D:1582 CRL.P No. 101868 of 2021 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101868 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. RACHANAGOUDA, S/O. NAGANGOUDA POLICE PATIL, AGE: 63 YEARS, OCC. AGRICULTURE, R/O. NARAGUND, DIST: GADAG-582101. 2. SMT.FAKEERAMMA @ GANGAVVA, W/O. RACHANAGOUDA POLICE PATIL, AGE: 56 YEARS, OCC. HOUSEHOLD, R/O. NARAGUND, DIST. GADAG-582101. …PETITIONERS (BY SRI. S.M. KALWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS KANAKAGIRI P.S., THROUGH ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SMT. VISHALAKSHAMMA, W/O. LINGANAGOUDA POLICE PATIL, AGE. 66 YEARS, OCC. HOUSEHOLD WORK, R/O. THIPPANAL, TQ. KANAKAGIRI, DIST. KOPPAL-583101. …RESPONDENTS (BY SMT. KIRTILATA R.PATIL, HCGP FOR R1; SRI. SUNILKUMAR P.BANGARI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET SUBMITTED AGAINST THE PETITIONERS MADE IN CC NO.720/2020 FOR THE OFFENCE PUNISHABLE U/S 447, 323, 324, 355, 109, 504, 506 R/W 34 OF IPC AND CONSEQUENTLY QUASH THE TRIAL COURT PROCEEDINGS PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, GANGAVATI IN CC NO.720/2020, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1582 CRL.P No. 101868 of 2021 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 S.M.Kalwad, learned counsel for petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1. Learned counsel for respondent No.2 absent. 2. Petitioners are the parents of accused No.1 who have been charge sheeted for the offences punishable under Section 447, 323, 324, 355, 109, 504, 506 read with Section 34 IPC which is now pending in C.C.No.720/2020 on the file of Addl. Civil Judge and JMFC, Gangavati. 3. According to the charge sheet materials, on 25.05.2020 when there was a rift between the first accused and the complainant, these two petitioners said to have instigated accused No.1 over telephone. 4. To substantiate said allegation found in the complaint, there is no material collected by the investigation agency in the form of call records etc. - 3 - HC-KAR NC: 2026:KHC-D:1582 CRL.P No. 101868 of 2021 5. Only on the say of the complainant that these two petitioners have also instigated the main accused to commit the offence would not be sufficient enough to proceed against the petitioners for the aforesaid offences. 6. For establishing the pre-concert between the accused-petitioners so as to attract the offence under Section 34 IPC, there is no material on record except the self-serving testimony of the complainant. 7. Therefore, continuation of the criminal proceedings against the petitioners would be abuse of process of law. 8. Accordingly, following: ORDER i. Petition is allowed. ii. Pending proceedings insofar as the present petitioners is concerned in C.C.No.720/2020 on the file of Addl. Civil Judge and JMFC, Gangavati is hereby quashed. - 4 - HC-KAR NC: 2026:KHC-D:1582 CRL.P No. 101868 of 2021 iii. However, quashing of the proceedings against these two petitioners shall not come in the way of proceeding with the case in respect of accused No.1. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 1 SL NO.: 29