- 1 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100531 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI. BASAPPA S/O GURUSIDDAPPA KUMBAR AGE. 61 YEARS, OCC. PRESIDENT, KARNATAKA PRADESH, KURUBARSANGH, R/O. KATAKOL, TQ. RAMDURG, DIST. BELAGAVI-591114. 2. SHRI. RAVIKUMAR S/O. BASAPPA KUMBAR AGE. 29 YEARS, OCC. KEB CONTRACTOR, R/O. KATAKOL, TQ. RAMDURG, DIST. BELAGAVI-591114. …PETITIONERS (BY SRI. ROHIT S. PATIL, ADVOCATE FOR SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY SAVADATTI POLICE STATION, SAVADATTI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580011. 2. SHRI. CHENNAYYA S/O. SHANTAYYA MATAPATI AGE. 56 YEARS, OCC. ASSISTANT EXECUTIVE ENGINEER, HESCOM, SAVADATTI, DIST. BELAGAVI-591126. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. SHANKAR HEGDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO THAT THE CRIMINAL PROCEEDINGS IN CRIME NO.126/2020 FILED BY THE SAVADATTI P.S. FOR THE OFFENCES CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:33 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 PUNISHABLE UNDER SECTION 341,353,323,504,506 R/W. SECTION 34 IPC WHICH IS REGISTERED IN C.C. NO.471/2020 ON THE FILE OF THE JMFC SAVADATTI BE QUASHED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard the learned counsel Sri. Rohit S. Patil appearing on behalf of Sri. Shrikant T. Patil, learned counsel for the petitioners, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. Shankar Hegde, learned counsel for respondent No.2. 2. Petition under Section 482 of Code of Criminal Procedure, 1973 with the following prayer: “Wherefore petitioners humbly prays as under: A. That the charge sheet filed in criminal proceedings in Crime No.126/2020 filed by the Savadatti P.S. for the offences punishable under Section 341, 353, 323, 504, 506 R/w. Section 34 of IPC which is registered in C.C.No.471/2020 on the file of JMFC, Savadatti be quashed in the ends of justice. - 3 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 B. That any other reliefs deemed fit inn the circumstances of the case be granted.” 3. Accused in C.C. No.471/2020 are the petitioners challenging filing of the charge sheet and order taking cognizance for the offences punishable under Sections 341, 323, 353, 504 and 506 read with Section 34 of Indian Penal Code, 1860. 4. Facts in nutshell as per Column No.17 of the charge sheet which are utmost necessary for disposal of the present petition are as under: 5. A complaint came to be lodged by Chennaya Shantayya Matapati, contending that he was working as Assistant Executive Engineer in HESCOM Office, Savadatti. He is acquainted with the employees and the contractors of the office. 6. It has been alleged that accused No.2 Being the Class-I contractor, illegally carried out some works of the Karnataka Electricity Board and complainant had received an anonymous letter against the accused No.2. He had sent - 4 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 a report on the same to the higher officials and in that regard, accused No.2 used to follow the complainant and used to abuse him. 7. When the matter stood thus, on 18.05.2020 in the Executive Engineer's office at Bailhongal, accused No.2 abused the complainant in filthy language which he came to know from Sri. Ramachandra Lamani. 8. On 19.05.2020 at about 04.00 p.m., both accused persons came to the office of the complainant and picked up the quarrel when the complainant enquired him as to why he abused him on previous day in the office of the Executive Engineer. 9. In such quarrel, not only both of them abused but also assaulted the complainant whereby he was refrained from discharging his official work. 10. Police after thorough investigation filed the charge sheet. 11. According to the petitioners, material collected by the Prosecuting Agency are not sufficient to bring on the - 5 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 guilt of the accused prima facie and therefore, continuation of the criminal trial would result in futile exercise and sought for quashing of the pending criminal proceedings. 12. Per contra, learned High Court Government Pleader for respondent No.1-State and the learned counsel for respondent No.2 would support the filing of the charge sheet by contending that prima facie materials have been collected by the Prosecuting Agency. 13. They would further contend that there is no delay in lodging the complaint and there are eye witnesses to the incident and therefore, sought for dismissal of the petition. 14. Having heard the arguments of both sides, this Court perused the material on record meticulously. 15. On such perusal of the material on record, the incident has taken place on 19.05.2020 at 04.00 p.m., within the office space where the complainant was working and there are eye witnesses to the incident. 16. Motive for the incident is the complainant receiving anonymous complaint against the petitioners in - 6 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 carrying out the work of the Karnataka Electricity Board illegally without there being any tender, and a report being filed by the complainant to the Higher Authorities. 17. In that regard, in the Executive Engineer's office, accused No.2 said to have abused the complainant which has been heard by Sri. Ramachandra Lamani and intimated to the complainant. 18. On 19.05.2020 when the complainant enquired the accused No.2, in his office the quarrel has taken place. In the quarrel not only accused No.2 but also his father who is accused No.1 have joined hands and physically assaulted the complainant. Besides abusing the complainant in filthy language, the accused persons obstructed the complainant in the discharge of official duties. 19. These factors when viewed cumulatively prima facie materials are found which would attract the offences alleged against the petitioners. 20. Accordingly, it is a matter of trial and there is no abuse of process in continuing the criminal case. - 7 - HC-KAR NC: 2026:KHC-D:1833 CRL.P No. 100531 of 2021 21. It is always open for the petitioners to establish their defense in the pending trial by canvassing all favorable points in accordance with law. 22. With that liberty, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 1 SL NO.: 16