MANOHAR S/O RUDRAPPA TOTAD v. THE STATE OF KARNATAKA
CRL.P/104234/2025 · 2026-02-11
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5585 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5585 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:2124 CRL.P No. 104234 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. 104234 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN:
1. MANOHAR S/O RUDRAPPA TOTAD AGE. 68 YEARS, OCC. AGRICULTURE, R/O. MEDUR, RATTIHALLI TQ, HAVERI DIST-581116. 2. PRAVEEN MANOHAR TOTAD AGE. 40 YEARS, OCC. AGRICULTURE, R/O. MEDUR, RATTIHALLI TQ, HAVERI DIST-581116. 3. PRASHANT MANOHAR TOTAD AGE. 37 YEARS, OCC. OFFICE WORKER, R/O. MEDUR, RATTIHALLI TQ, HAVERI DIST-581116. 4. RATNAMMA W/O RUDRAPPA TOTAD AGE. 62 YEARS, OCC. HOUSEWIFE, R/O. MEDUR, RATTIHALLI TQ, HAVERI DIST-581116. 5. SHRUTHI PRAVEEN TOTAD AGE. 32 YEARS, OCC. HOUSEWIFE, R/O. MEDUR, RATTIHALLI TQ, HAVERI DIST-581116. …PETITIONERS (BY SRI. RAHUL, ADVOCATE FOR SRI. S.G. KADADAKATTI, ADVOCATE)
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:41 +0530
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HC-KAR NC: 2026:KHC-D:2124 CRL.P No. 104234 of 2025
AND:
1. THE STATE OF KARNATAKA, THROUGH RATTIHALLI POLICE STATION, TQ. RATTIHALLI, DIST. HAVERI, REP.BY ADDL. SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH BUILDING, DAHRWAD-580011. 2. GUGGALESHAPPA S/O RUDRAPPA TOTAD AGE. 67 YEARS, OCC. AGRICULTURE, R/O. MEDUR, RATTIHALLI TQ, HAVERI DIST-581116. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. V.M. BANAKAR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO QUASH THE FIR IN CRIME NO.0146/2025 REGISTERED AGAINST THE PETITIONER NO 1-5 BY ALLOWING THE PETITION AND TO QUASH THE PROCEEDINGS IN CRIME NO. 0146/2025 U/S 115(2), 127(2), 329(1), 189(3), 190, 191(2), 351(2), 352 OF BNS 2023 AGAINST ACCUSED NO. NO.1 TO 5, PENDING BEFORE THE ADDL. CIVIL JUDGE(JR.DN) AND JMFC COURT, HIREKERUR, HAVERI DIST REGISTERED BY RATTIHALLI POLICE STATION TQ. RATTIHALLI AND DIST. HAVERI BY ALLOWING THE PETITION, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC-D:2124 CRL.P No. 104234 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.Rahul, learned counsel appearing for Sri. S.G.kadadakatti, learned counsel for the petitioners, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1, and Sri.V.M.Banakar, learned counsel for respondent No.2. 2. In respect of the same incident, another complaint was filed on behalf of the petitioners, numbered as Crime No.146/2025, which was investigated by Rattihalli Police, and a charge sheet has been submitted. 3.
It is noted that the Investigating Officer has not followed the guidelines issued by the Full Bench of this Court in the case of State of Karnataka by Circle Inspector of Police Vs. Hosakeri Ningappa and another1 (Hosakeri Ningappa). 4. The grievance raised in the present petition challenges the very registration of the FIR by Rattihalli
1 ILR 2012 KAR 509
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HC-KAR NC: 2026:KHC-D:2124 CRL.P No. 104234 of 2025
Police in respect of the incident said to have occurred on 06.09.2025 between 11:25 a.m. and 11:30 a.m., in Crime No.146/2025. 5. Such relief cannot be granted in view of the principles of law enunciated by the Full Bench in the case of Hosakeri Ningappa. Accordingly, the following: ORDER i. The petition is dismissed. ii. The Investigating Officer is directed to strictly adhere to the guidelines issued in the case of Hosakeri Ningappa and take necessary action and file an appropriate report at the earliest. Sd/- (V.SRISHANANDA) JUDGE
AC, CT:CMU LIST NO.: 1 SL NO.: 77