Karnataka High Court
Sharanappa vs The State Of Karnataka on 26 November, 2025
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NC: 2025:KHC-K:7222
CRL.P No. 201837 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO.201837 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
SHARANAPPA
S/O BHEEMAPPA @ BHEEMARAYA,
AGED ABOUT 41 YEARS,
OCC: AGRICULTURE,
R/AT WADNALLI VILLAGE,
TQ. AND DIST. YADGIRI-585201.
...PETITIONER
(BY SRI. BASAVARAJ C. JAKA, ADVOCATE)
AND:
Digitally signed by
NIJAMUDDIN
JAMKHANDI
1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF THROUGH YADGIRI RURAL POLICE STATION,
KARNATAKA
DIST. YADGIRI-585201
NEW REPRESENTED BY ADDL. S.P.P.
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. SRI. MONAPPA S/O SHARABANNA CHAMANORA,
AGE: 49 YEARS, OCC: FARMER,
R/AT WADNALLI VILLAGE,
TQ. AND DIST. YADGIRI-585201.
...RESPONDENTS
(BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1)
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NC: 2025:KHC-K:7222
CRL.P No. 201837 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW),
PRAYING TO ALLOW THIS PETITION AND QUASH THE
PROCEEDINGS IN S.C.NO.52/2024 PENDING ON THE FILE OF
DISTRICT AND SESSIONS JUDGE AT YADGIRI, ARISING OUT
OF CASE REGISTERED IN CRIME NO.70/2024 BY YADGIRI
RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 143, 147, 148, 323, 324, 354, 307, 504,
506, READ WITH 149 OF IPC AGAINST THE PETITIONER TO
SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE OF
PROCESS OF THE COURT AND IF THE HON'BLE COURT REJECT
THE CASE OF QUASHING, THEN MAY DIRECT THE DISTRICT
AND SESSIONS JUDGE YADGIRI TO TRY THE CASE
S.C.NO.52/2024 PENDING ON THE FILE OF DISTRICT AND
SESSIONS JUDGE AT YADGIRI AND C.C.NO. 1736/2024
PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT
YADGIRI AND TRIAL MAY BE CONDUCTED AS CASE AND
COUNTER CASE.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This petition is filed seeking quashing of the proceedings in S.C.No.52/2024 arising out of case registered in Crime No.70/2024 by Yadgiri Rural Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 307, 504, 506, read with Section -3- NC: 2025:KHC-K:7222 CRL.P No. 201837 of 2025 HC-KAR 149 of Indian Penal Code, 1860 pending on the file of District and Sessions Judge at Yadgiri.
2. The gist of the prosecution case is that the land belonging to one Siddappa/accused No.1 is situated adjacent to the land of the complainant, and there has been a history of frequent quarrels between the parties owing to agricultural rivalry. It is alleged that on 08.05.2024 at about 10.00 p.m., while the complainant and his family members were guarding their watermelon cultivation, accused No.1 intentionally permitted his cattle to trespass into the complainant's land, resulting in damage to the standing watermelon crop. When the complainant's son questioned the conduct of accused No.1, it is alleged that he was abused in filthy and intemperate language. It is further alleged that thereafter all the accused persons, being armed with wooden clubs and axes, formed an unlawful assembly, proceeded to the complainant's farmhouse, and assaulted the complainant with a wooden club, thereby causing injuries. -4-
NC: 2025:KHC-K:7222 CRL.P No. 201837 of 2025 HC-KAR
3. Learned counsel appearing for the petitioner seeks indulgence of this Court by contending that the allegations in the complaint and the charge-sheet are omnibus and general in nature, without specific overt acts being attributed to the petitioner. It is further contended that the complainant has not sustained any serious injuries and the wound certificate does not corroborate the allegations regarding assault with wooden clubs and axes. On these grounds, it is argued that continuation of criminal proceedings would be an abuse of the process of law.
4. Per contra, the learned High Court Government Pleader submits that the wound certificate reflects that the complainant has indeed suffered multiple injuries. It is further submitted that the present case is one arising out of a case and counter case registered in respect of the same incident, and therefore the plea for quashing is wholly untenable. According to the learned HCGP, the defence raised by the petitioner is a matter to be -5- NC: 2025:KHC-K:7222 CRL.P No. 201837 of 2025 HC-KAR adjudicated only during trial and no indulgence is warranted at this stage.
5. This Court is of the considered opinion that once two crimes are registered relating to the very same occurrence, one being the main case and the other being the counter case, the inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 cannot ordinarily be invoked to quash proceedings in isolation. The law relating to case and counter case is well settled. When rival versions of the same incident are projected through two separate complaints, both cases are required to be tried together, or one after another, by the same Court, to avoid conflicting judgments. The Full Bench of this Court in State of Karnataka, by Circle Inspector of Police v. Hosakeri Ningappa and Another1 has laid down binding guidelines governing the procedure to be followed in case and counter case situations. The consistent judicial view is that in such circumstances, the 1 ILR 2012 KAR 509 -6- NC: 2025:KHC-K:7222 CRL.P No. 201837 of 2025 HC-KAR truth can be ascertained only through a full-fledged trial where evidence in both cases is appreciated by the same Court. In view of this settled legal position, this Court, at this stage, cannot undertake adjudication under Section 528 of BNSS, 2023, so as to quash the proceedings arising from one side of the dispute.
6. Insofar as the second prayer of the petitioner seeking a direction to club the case and counter case is concerned, the same also cannot be acceded to in the present petition. The appropriate and efficacious remedy for the petitioner is to approach the learned District and Sessions Judge with an application seeking transfer and clubbing of both matters, in line with the principles governing case and counter case. Reserving such liberty to the petitioner, the petition stands dismissed.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE NJ List No.: 2 Sl No.: 27/CT:SI