- 1 - HC-KAR NC: 2026:KHC-D:2122 CRL.P No. 103388 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103388 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. GURUPUTRA S/O RAMAPPA TUPPAD AGE. 24 YEARS, OCC. AGRICULTURE, R/O. PALABHAVI, TQ. RAIBAG, BELAGAVI-591235. 2. SHANTAVVA W/O RAMAPPA TUPPAD AGE. 49 YEARS, OCC. AGRICULTURE, R/O. PALABHAVI, TQ. RAIBAG, BELAGAVI-591235. 3. MUTTAPPA S/O SANGAPPA GOLABANVI AGE. 41 YEARS, OCC. AGRICULTURE, R/O. PALABHAVI, TQ. RAIBAG, BELAGAVI-591235. 4. MAHADEV S/O SANGAPPA GOLABANVI AGE. 37 YEARS, OCC. AGRICULTURE, R/O. PALABHAVI, TQ. RAIBAG, BELAGAVI-591235. 5. KAVITA W/O. LAXMAN TUPPAD AGE. 37 YEARS, OCC. HOUSE HOLD WORK, R/O. PALABHAVI, TQ. RAIBAG, BELAGAVI-591235. …PETITIONERS (BY SRI. SOURABH R. MIRJE, ADVOCATE FOR SRI. SHIVRAJ S. BALLOLI, ADVOCATE) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:37 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2122 CRL.P No. 103388 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH HARUGERI POLICE STATION, TQ. HARUGERI, DIST. BELAGAVI-591 220, THROUGH ITS STATION HOUSE OFFICER, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGHCOURT OF KARNATAKA DHARWAD BENCH, DHARWAD-580008. 2. SHRI BHARAMAPPA S/O RAMAPPA TUPPAD AGE. 26 YEARS, OCC. FARMER, R/O. PALABHAVI, TQ. RAIBAG, BELAGAVI-591235. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SANTOSH B. MALAGOUD, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.4140/2024 PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, RAIBAG, ARISING OUT OF CRIME. NO.50/2023 OF HARUGERI POLICE STATION FOR THE COMMISSION OF THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 149, 324, 504 AND 506 OF THE INDIAN PENAL CODE, 1860 IN SO FAR AS THE PETITIONERS/ACCUSED NO.1 TO 5 ARE CONCERNED. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:2122 CRL.P No. 103388 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Sourabhi R. Mirje, learned counsel appearing for Sri.Shivaraj S. Bolloli, learned counsel for the petitioners; Smt.Kirtilata R. Patil the learned High Court Government Pleader for respondent No.1; and Sri.Santosh B. Malagoudar, learned counsel for respondent No.2. 2. The present petition is filed under Section 482 of the Code of Criminal Procedure (for short, “Cr.P.C.”) with the following prayer: “WHEREFORE, in the light of the above the Hon'ble Court may be pleased to: a. Quash the entire proceedings in CC No.4140/2024 pending on the file of the learned I Additional Civil Judge & JMFC, Raibag, arising out of Crime.No.50/2023 of Harugeri Police Station for the commission of the alleged offences punishable under Sections 143, 147, 148, 149, 324, 504 and 506 of the Indian Penal Code, 1860 in so far as the Petitioners/Accused No.1 to 5 are concerned; - 4 - HC-KAR NC: 2026:KHC-D:2122 CRL.P No. 103388 of 2025 b. Pass any other order(s) as this Hon'ble Court may deems fit on the facts and circumstances of the case to meet the ends of justice.” 3. In respect of the same incident, the petitioners herein have also filed a case against respondent No.2, which is now pending in C.C. No. 4133/2024. Since case and counter-case are pending, the prayers sought in the present petition cannot be granted in view of the principles of law enunciated by the Hon’ble Full Bench of this Court in State of Karnataka by Circle Inspector of Police Vs. Hosakeri Ningappa and another1 (Hosakeri Ningappa). 4. Accordingly, the following: ORDER i. The petition is dismissed. ii. However, C.C. No.4140/2024 and C.C. No.4133/2024 shall be tried together strictly in 1 ILR 2012 KAR 509 - 5 - HC-KAR NC: 2026:KHC-D:2122 CRL.P No. 103388 of 2025 accordance with the guidelines laid down in Hosakeri Ningappa. Sd/- (V.SRISHANANDA) JUDGE AC, CT:CMU LIST NO.: 1 SL NO.: 72