- 1 - HC-KAR NC: 2026:KHC-D:1800 CRL.P No. 102799 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102799 OF 2025 BETWEEN: SHIVAKUMAR @ SIDDAYYA S/O. AJJAYYA HOSURMATH AGED ABOUT 38 YEARS OCC. AGRICULTURE RESIDENT OF KABBUR VILLAGE TALUK AND DISTRICT: HAVERI-581 110. …PETITIONER (BY SRI HIREMATHAD MAHESHAIAH RUDRAYYA AND SRI PRAKASH BADIGER, ADVOCATES) AND: 1. THE STATE OF KARNATAKA PSI, HAVERI TOWN POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA DHARWAD-580 011. 2. MRUTUNJAYA S/O. MAHANTESHA NELLUR AGED ABOUT 26 YEARS OCC. GOVERNMENT OFFICIAL NON GAZETTE RESIDENT OF KULENUR VILLAGE TALUK AND DISTRICT: HAVERI-581 110. …RESPONDENTS (BY SRI ABHISHEK MALI PATIL, H.C.G.P., FOR R-1; SRI SHIVASAI M. PATIL, ADVOCATE FOR R-2) * * * Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC-D:1800 CRL.P No. 102799 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO ALLOW THIS PRESENT PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED NO.1 IN P.S. CR.NO.60 OF 2025 OF HAVERI TOWN POLICE STATION WHICH IS NOW REGISTERED AS SPL.SC/ST NO.23/2025 PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE HAVERI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(2), 190 OF BNS AND UNDER SECTIONS 3(1)(r), 3(2)(va) OF S.C./S.T. (POA. ACT), 2015 AND SECTION 89 OF RIGHT OF PERSONS WITH DISABILITY ACT 2016. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner, learned HCGP for respondent No.1-State and learned counsel for respondent No.2. This petition is filed by accused No.1 under Section 482 Cr.P.C for quashing the FIR in Crime No.60/2025 of Haveri Town Police Station in Spl.SC/ST No.23/2025 pending on the file of I Addl. District and Sessions Judge and Special Judge, Haveri, for the offences punishable Sections 189(2), 191(2), 191(3), 115(2), 118(1), 109, 352, 351(2), 190 of BNS, 2023 and under sections 3(1)(r), 3(2)(va) of The Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989 (for short - 3 - HC-KAR NC: 2026:KHC-D:1800 CRL.P No. 102799 of 2025 SC/ST (PoA) Act), 2015 and Section 89 of The Right of Persons with Disabilities Act, 2016. The petitioner is arraigned as accused No.1 as per the charge sheet. On the strength of the complaint filed by respondent No.2, the Investigating Officer registered the case, investigated the matter and after completion of the investigation, he submitted the charge sheet against accused Nos.1 to 7 and the trial Court took cognizance of the offence under Section 190(1) (a) of Cr.P.C and issued process against accused Nos.1 to 7 to face trial of the aforesaid offences. Taking exception to the same, the petitioner has filed this petition under Section 482 Cr.P.C praying to quash the entire proceedings pending before the trial court. 2. Learned counsel for the petitioner contended that respondent No.2/defacto complainant has filed a false case against him. The alleged incident occurred on 08.04.2025 at 07.30 p.m., however, the complaint was lodged on 09.04.2025; the delay has not been properly explained by the defacto complainant. Further, in the complaint, it is alleged that the accused attacked the first informant on 08.04.2025 at 07.30 p.m. by mentioning specific name as 'Siddhaya'. However, no - 4 - HC-KAR NC: 2026:KHC-D:1800 CRL.P No. 102799 of 2025 names were mentioned by the complainant in his complaint and as per the wound certificate, the first informant sustained simple injuries. Under these circumstances, the entire case against accused No.1 required to be quashed. 3. Per contra, learned HCGP appearing for respondent No.1-State submits that the charge sheet material, more particularly, column No.17 clearly discloses the commission of aforesaid offences and the veracity of the allegation against the petitioner would be considered only after a full-fledged trial and at this stage, the cognizance taken by the trial Court does not warrant any interference. Hence, learned counsel prayed to dismiss the petition. 4. A perusal of the material on record goes to show that the alleged incident occurred on 08.04.2025 at 07.30 p.m. and the FIR was lodged on 09.04.2025 and in the complaint, the first informant has offered explanation that since he had been to District Hospital, Haveri, for treatment, where he undergone scanning, thereafter he was shifted to KIMS Hospital, Hubli and after consulting his family members, he lodged the complaint. As per column No.17 of the charge sheet, accused No.1 took quarrel - 5 - HC-KAR NC: 2026:KHC-D:1800 CRL.P No. 102799 of 2025 with the first informant, assaulted him, voluntarily caused hurt, and thereby committed the cognizable offence. The wound certificate reveals that the first informant sustained injury i.e. tenderness present over lower back, left hip and chest, and X- ray was done. As per the opinion of the Doctor, injuries are simple in nature. As per the charge sheet material, the charge sheet witnesses also stated about the role played by accused No.1 and his involvement in the case. Thus there is prima-facie material against the petitioner/accused No.1. In view of the preceding analysis, I am of the view that there is sufficient material against the petitioner/accused No.1 and it requires full-fledged trial. At this juncture, the case against the petitioner cannot be quashed. Accordingly, the petition is dismissed. In view of dismissal of the main petition, pending interlocutory applications, if any, do not survive for consideration and accordingly, they are dismissed. Sd/- (VENKATESH NAIK T) JUDGE MN/List No.: 19 Sl No.: 1