Sharath Bachhegowda vs State By Hosakote P S
2023 Latest Caselaw 8263 Kant

Karnataka High Court

Sharath Bachhegowda vs State By Hosakote P S on 24 November, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                         CRL.P No. 11478 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                              BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                               CRIMINAL PETITION NO. 11478 OF 2023


                      BETWEEN:

                      1.    SHARATH BACHHEGOWDA,
                            S/O B.N BACHEGOWDA,
                            AGED ABOUT 32 YEARS,
                            EX-BJP YUVA MORCHA,
                            PRESIDENT, SABHA CONSTITUENCY,
                            R/AT BESIDE URVASHI TALKIES,
                            NEAR LALBAGH, BANGALORE - 560 027,
                            (PRESENT MLA OF HOSAKOTE CONSTITUENCY)

                      2.    B V BYREGOWDA,
                            S/O LATE VENKATARAMANAPPA,
                            AGED ABOUT 52 YEARS,
                            OCCUPATION - BUSINESS,
Digitally signed by         R/AT UPPARHALLI VILLAGE,
PADMAVATHI B K              HOSAKOTE TALUK,
Location: HIGH              BANGALORE - 562 114.
COURT OF
KARNATAKA
                      3.    C MANJUNATH,
                            S/O CHIKKAPPAYANNA,
                            AGED ABOUT 59 YEARS,
                            HOSKOTA TALUK B J P,
                            PRESIDENT, R/AT DODDAHULURU,
                            HOBALI TOWN, HOSAKOTE TALUK,
                            BANGALORE - 562 114.
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4.   GOPAL,
     S/O LATE BACCHAGOWDA,
     AGED ABOUT 47 YEARS,
     R/A ITTASANDRA GRAM,
     NANDAGUDI HOBLI,
     HOSAKOTE TOWN,
     BANGALORE - 562 122.

5.   GANESH,
     S/O BAYRANNA,
     OCCUPATION - BUSINESS,
     AGED ABOUT 49 YEARS,
     R/AT ITTASANDRA VILLAGE,
     NANDAGUDI HOBLI, HOSAKOTE TOWN,
     BANGALORE - 562 122.

6.   MANJUNATHA @ Y.S.M. MANJU,
     S/O LATE MUNISHAMAPPA,
     AGED ABOUT 34 YEARS,
     MEMBER OF ZILLA PANCHAYAT,
     R/AT CHIKKAHULLURU,
     HOSAKOTA TALUK,
     NEAR NIMBAIKAYAPURA APARTMENT,
     BIDRAHALLI HOBLI,
     BANGALORE - 562 114.

7.   MANJUNATHA @ LAWYER MANJU @ Y.S.M,
     S/O LATE NANDISH GOWDA,
     OCCUPATION - BUSINESS,
     AGED ABOUT 45 YEARS,
     R/AT T.G. EXTENTION,
     HOSAKOTE TOWN,
     BANGALORE - 562 114.
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                                 CRL.P No. 11478 of 2023




8.   VIJAYA KUMAR @ PEPS VIJAYA KUMAR,
     S/O VENKATARAMANAPPA @ ABBANNA,
     AGED ABOUT 47 YEARS,
     R/AT T.G. EXTENSION,
     HOSAKOTA TOWN,
     NEAR NIMBAIKAYAPURA APARTMENT,
     BIDRAHALLI HOBLI, BANGALORE - 562 114.

9.   SREENIVASA @ EXCISE SREENIVASA,
     S/O LATE CHIKKAMADAYAPPA,
     AGED ABOUT 72 YEARS,
     DEDICATED EXCISE INSPECTOR,
     R/AT KANNURAHALLI MAIN ROAD,
     NEAR MILANA KALYANA MANTAP,
     HOSAKOTE TOWN, BANGALORE - 560 049.

10. HULLURAPPA,
    S/O LATE H.M. MUNNIYAPPA @ MUNIKEMPANNA
    AGED ABOUT 64 YEARS,
    RETIRED FIRE EXTINGUISHER,
    R/AT KANNURAHALLI MAIN ROAD,
    NEXT TO CEMENT FACTORY,
    HOSAKOTE TOWN, BANGALORE - 562 114.

11. RAJA @ NALLOD,
    S/O LAXMINAYAK,
    AGED ABOUT 30 YEARS,
    R/AT K.H.B. COLONY,
    NEAR CITIZEN SCHOOL,
    HOSAKOTE TOWN,
    BANGALORE - 562 114.

12. SUBBARAJ @ STAMP VENDER SUBBANNA,
    S/O MUNNIYAPPA,
    AGED ABOUT 47 YEARS,
    STAMP WNDING WORK
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                                CRL.P No. 11478 of 2023




    R/AT TEACHERS COLONY,
    BEHIND OM SRI SCHOOL,
    HOSAKOTE TOWN,
    BANGALORE - 562 114.

13. MANJUNATHA @ BULP MANJA,
    S/O LATE SRINIVAS,
    AGED ABOUT 44 YEARS,
    T .C.B BANK DIRECTOR,
    R/AT M.V. EXTENSIONM
    HOSAKOTE TOWN
    BANGALORE - 562 114.

14. MUNINANAJAPPA,
    S/O RAMAKRISHNAPPA,
    AGED ABOUT 66 YEARS,
    RETIRED PHYSICAL TEACHER,
    R/AT NEAR CITIZEN SCHOOL,
    VIVEKANANDANAGAR,
    HOSAKOTE TOWN,
    BANGALORE - 562 114.

15. KESHAVA MURTHY,
    S/O NARAYANAPPA,
    AGED ABOUT 46 YEARS,
    OWNER OF VENAKATADRI LODGE,
    R/AT KANNURAHALLI ROAD,
    RAMAKRISHNA ROAD,
    RAMAKRISHNA ROAD,
    M. V. EXTENSION, HOSAKOTE TOWN,
    BANGALORE - 562 114.

16. NARAYANAPPA,
    S/O LATE TIMMARAYAPPA,
    AGED ABOUT 63 YEARS,
    R/AT GOVINDAPURA GRAMA,
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                                 CRL.P No. 11478 of 2023




    JADIGENAHALLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

17. DHEERAJ,
    S/O GOVINDSWAMI,
    Y.S.M. CAR DRIVER,
    AGED ABOUT 28 YEARS,
    NEAR CITIZEN SCHOOL, K.H.B. COLONY,
    VIVEKANANDANAGAR, HOSAKOTE TOWN,
    BANGALORE - 562 114.

18. RAVI @ Y.S.R,
    S/O MUNIYAPPA,
    REAL ESTATE WORK,
    AGED ABOUT 42 YEARS,
    R/NEAR GOWTHAM COLLEGE,
    PARVATIPURA, HOSKOTE TOWN,
    BANGALORE - 562 114.

19. SHIVA @ Y.S.M,
    S/O LATE GANGAPPA,
    AGED ABOUT 32 YEARS,
    R/BEHIND INDIAN PETROL BUNK,
    HOSAKOTE TOWN, BANGALORE - 562 114.

20. VIJAY KUMAR,
    S/O VENKATARAMANAPPA,
    AGED ABOUT 60 YEARS,
    REAL ESTATE WORK,
    R/AT GOWTHAM COLONY,
    HOSAKOTE TOWN,
    ALSO R/AT KANAKANAGAR,
    NEAR WATER TANK, HOSAKOTE TOWN,
    BANGALORE - 562 114.
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21. KRISHNAMURTHY,
    S/O KEMPANNA,
    MEMBER OF JILLA PANCHAYAT,
    AGED ABOUT 49 YEARS,
    R/AT POOJANA AGRAHARA,
    HOSKOTE TALUK, BANGALORE - 562 114.

22. M. LASHMANA GOWDA,
    S/O MUNISHAMAPPA,
    AGED ABOUT 42 YEARS,
    OWNER OF L.G. PARK,
    R/AT RAMAKRISHNA ROAD,
    KANNURAHALLI ROAD,
    M. V. EXTENSION, HOSAKOTE TOWN,
    BANGALORE - 562 114.

23. NATARAJA,
    S/O ANANADAPPA,
    CEMENT BUSINESS,
    AGED ABOUT 47 YEARS,
    R/AT NEAR E.S.I COMPOUND,
    GATTIGANABAI ROAD, HOSAKOTE TOWN,
    BANGALORE - 562 114.

24. MUNIYAPPA,
    S/O LATE CHANARAYAPPA,
    AGED ABOUT 58 YEARS,
    EX PRESIDENT OF HOAKOTA TALUK, G.J.P,
    R/AT UPARAHALLI, KASABA HOBLI,
    HOSAKOTE TOWN, BANGALORE - 562 114.

25. MUNIRAJU S/O BYAPPA,
    AGED ABOUT 36 YEARS,
    R/AT CHIKKARALAGERE GRAM,
    SULIBELE HOBLI, HOSAKOTE TOWN,
    BANGALORE - 562 114.
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26. ERANNA SWAMI,
    S/O LATE NARAYANAPPA,
    AGED ABOUT 51 YEARS,
    R/AT YANGUNTTA, SULIBALLA HOBLI,
    HOSAKOTE TOWN, BANGALORE - 562 114.

27. USMAN,
    S/O KHADAR SHAIF,
    OCCUPATION: BUSINESS,
    AGED ABOUT 38 YEARS,
    R/AT 3RD CROSS, SOLIBELE TOWN,
    HOSAKOTE TOWN,
    BANGALORE - 562 114.

28. BABU REDDY,
    S/O MUNI REDDY,
    AGED ABOUT 49 YEARS,
    REAL ESTATE WORK,
    R/AT MUTTASANDRA,
    ANUGONDANAHALLI HOBALI,
    HOSAKOTE TOWN, BANGALORE - 562 114.

29. B M PRAKASH,
    S/O LATE MUNISHAMI GOWDA,
    AGED ABOUT 45 YEARS,
    R/AT BODANAHOSAHALLI,
    ANUGONDANAHALLI HOBALI,
    HOSAKOTE TOWN, BANGALORE - 562 114.

30. T.R. RAJASHEKARA,
    S/O SIDAPPA,
    AGED ABOUT 48 YEARS,
    EX-PRESIDENT OF TALUK PANCHAYAT,
    R/AT TAVARAKERE GRAM, NANDGUDI HOBLI,
    HOSAKOTE TOWN, BANGALORE - 562 114.
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31. MANJUNATHA,
    S/O NARAYANAPPA,
    AGED ABOUT 41 YEARS,
    R/AT NADUVINAPURA,
    NANDAGUDI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

32. LAKSHMANA,
    S/O LATE KEMPANNA,
    AGED ABOUT 48 YEARS,
    R/AT KONDRAHALLI,
    NANDAGUDI HOBLI,
    HOSAKOTE TOWN,
    BANGALORE - 562 114.

33. N. M. KRISHNA,
    S /O LATE MUNIVEERAPPA,
    AGED ABOUT 42 YEARS,
    R/AT NANDAGUDI GRAM,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

34. JAGADEESH,
    S/O RUDRAYYA,
    AGED ABOUT 42 YEARS,
    VICE PRESIDENT OF HETTAKI,
    GRAM PANCHAYAT AND LAWYER,
    R/AT HETTAKI GRAM,
    NANDAGUDI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

35. MANU CHAKRAVARTHY,
    S/O H.M. SADASHIVAYA,
    AGED ABOUT 26 YEARS,
    R/AT HETTAGI GRAM,
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    NANDAGUDI HOBLI, HOSAKOTE TOWN,
    BANGALORE - 562 114.

36. NARAYANASWAMY,
    S/O MUNIYAPPA,
    AGED ABOUT 46 YEARS,
    MEMBER OF GRAM PANCHAYAT,
    R/AT KOLLAPPANAHALLI,
    GRAM, NANDAGUDI HOBLI
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

37. VENKATESHA,
    S/O NARAYANAPPA,
    AGED ABOUT 48 YEARS,
    R/AT LINGAPURA GRAM,
    NANDAGUDI HOBALLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

38. MANSOOR,
    S/O AYUB KHAN,
    AGED ABOUT 41 YEARS,
    MEMBER OF TALUK PANCHAYAT,
    R/AT BYLANARASAPURA GRAM,
    NANDAGUDI HOBLI, HOSAKOTE TOWN,
    BANGALORE - 562 114.

39. DEVARAJ,
    S/O CHOWDAPPA,
    AGED ABOUT 38 YEARS,
    OCCUPATION - AGRICULTURE,
    R/AT GOWINDAPURA, JADIGENAHALI HOBLI,
    HOSAKOTE TALUK, BANGALORE - 562 114.
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40. NARAYANAPPA,
    S/O LATE TIMMARAYAPPA,
    AGED ABOUT 63 YEARS,
    OCCUPATION - AGRICULTURE,
    R/AT GOWINDAPURA, JADIGENAHALI HOBLI,
    HOSAKOTE TALUK, BANGALORE - 562 114.

41. LASHMANA SINGH,
    S/O HIRA SINGH,
    AGED ABOUT 65 YEARS,
    PRESIDENT OF HUMAN RIGHSTS,
    R/AT SAMETANAHALLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

42. SONNAPPA,
    S/O LATE KRISHNAPPA,
    AGED ABOUT 63 YEARS,
    OCCUPATION - AGRICULTURE,
    R/AT SAMETANAHALLI GRAMA,
    HOSAKOTE TALUK, BANGALORE - 562 114.

43. GAJENDRA @ GAJA,
    S/O RAMACHANDRA
    @ KOTWAL RAMACHANDRA,
    AGED ABOUT 31 YEARS,
    OCCUPATION - DRIVER,
    R/AT K. MALASANDRA GRAM,
    HOBLI, HOSAKOTE TOWN,
    BANGALORE - 562 114.

44. RAMESHA S/O RAMASWAMI,
    AGED ABOUT 33 YEARS,
    REAL ESTATE WORK,
    R/AT K. MALASANDRA GRAM,
    HOBLI, HOSAKOTE TOWN,
    BANGALORE - 562 114.
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45. SREENIVASA,
    S/O NARAYANAPA,
    AGED ABOUT 48 YEARS,
    R/AT K, MALASANDRA GRAM,
    HOBLI, HOSAKOTE TOWN,
    BANGALORE - 562 114.

46. K.C. SURESH,
    S/O CHANDRAPPA,
    AGED ABOUT 43 YEARS,
    STATE BJP CONVENER,
    R/AT NEAR KORALURU GRAMA,
    HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

47. MAHESH,
    S/O BACHHEGOWDA,
    AGED ABOUT 43 YEARS,
    R/AT KORALURU GRAM,
    HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

48. CHANDRASHEKAR,
    S/O GOPAL,
    R/AT KORALURU GRAMA,
    HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

49. RAMACHANDRA @ RAJAPPA @ KHARGE,
    S/O DODDA HANUMAPPA,
    AGED ABOUT 51 YEARS,
    OCCUPATION - AGRICULTURE,
    R/AT NEAR K. MALASANDRA GRAMA,
    HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.
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50. MURALI,
    KANTARAJU,
    AGED ABOUT 32 YEARS,
    R/AT KUDIHALLI GRAM,
    OCCUPATION - AGRICULTURE,
    JADIGENAHALLLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

51. MANJUNATHA,
    S/O YALLAPPA,
    AGED ABOUT 38 YEARS,
    R/AT KODIHALLI GRAMA,
    JADIGUNAHALLLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

52. NAGESHA @ S.L.V NAGESH,
    S/O NARAYANASWAMAPPA,
    AGED ABOUT 38 YEARS,
    R/AT BEHIND BRDIGE,
    TAVARKERE GRAM,
    NANDAGUDI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

53. SRINIVASA MURTHY.
    S/O SUBBARAYAPPA,
    AGED ABOUT 45 YEARS,
    OCCUPATION - AGRICULTURE,
    R/AT POOJARAMANAHALLI GRAMA,
    JADIGENAHALLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

54. NAGARAJA N,
    S/O NARASIMHAPPA,
    AGED ABOUT 49 YEARS,
    OCCUPATION - AGRICULTURE,
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    R/AT BIMAKKANALLI GRAMA,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

55. RAVI RAJ,
    S/O MUNIRAJU,
    AGED ABOUT 34 YEARS,
    R/AT HALASAHALLI GRAMA,
    HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

56. SREEDHAR (MAHESH TAMMA),
    S/O KEMPANNA,
    AGED ABOUT 28 YEARS,
    R/AT NEAR KANURHALLI GRAM,
    KASBA HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

57. MUNISHAMANNA,
    S/O CHIKALLIYAPPA,
    AGED ABOUT 55 YEARS,
    R/AT KANURAHALLI GRAM,
    KASABA HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

58. K.B. KRISHNA @ K.E.B. KRISHNA,
    S/O BYRAPPA,
    AGED ABOUT 52 YEARS,
    R/AT KANAURAHALLI GRAM,
    KASABA HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

59. VENKATESH,
    S/O NANJAPPA,
    AGED ABOUT 48 YEARS,
    R/AT JINAGARA GRAM,
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    JADIGENAHALLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

60. MANJUNATH,
    S/O VENKTAPPA,
    AGED ABOUT 50 YEARS,
    R/AT JINAGARA GRAM,
    JADIGENAHALLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

61. NARAYANASWAMY,
    S/O GOPALLAPPA,
    AGED ABOUT 31 YEARS,
    R/AT TAVATAHALLI GRAM,
    JADIGENAHALLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

62. MUNIYAPPA,
    S/O KUNTACHINNAPPAYYA,
    AGED ABOUT 38 YEARS,
    R/AT TAVATAHALLI GRAM,
    HOSAKOTE TALUK, BANGALORE - 562 114.

63. ANAND K,
    S/O KEMPANNA,
    AGED ABOUT 35 YEARS,
    R/AT ATTIVATTA GRAM,
    JADIGENAHALLI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

64. SREENIVASA,
    S/O NARAYANAPPA,
    AGED BOUT 48 YEARS,
    R/AT NADUVINAPURA GRAM,
    NANDAGUDI, HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.
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65. SHIVAKUMAR,
    S/O MUNISHAMI GOWDA,
    AGED ABOUT 53 YEARS,
    MEMBER OF GRAM PANCHAYATH
    R/AT NADUVINAPURA GRAM,
    NANDAGUDI HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

66. NITHIN,
    S/O NANJA GOWDA,
    AGED ABOUT 35 YEARS,
    R/AT N.HOSAHALLI GRAM,
    NANDAGUDI, HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

67. RAJASHEKAR GOWDA,
    S/O LATE VENKATARAMANA GOWDA,
    AGED ABOUT 52 YEARS,
    EX-MEMBER OF TALUK PANCHAYATH,
    R/AT TENEYURU GRAM,
    SOLIBELA HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

68. GOPAL,
    S/O LATE MUNIYAPPA,
    AGED ABOUT 53 YEARS,
    R/AT APPASANDRA,
    JADEGENAHALLI, HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

69. A.C. VENKATESH,
    S/O CHINNAPAYYA,
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    AGED ABOUT 45 YEARS,
    R/AT APPASANDRA,
    JADEGENAHLLI, HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

70. SUBBAYYA,
    S/O CHIKKAVENKATARAMANAPPA,
    AGED ABOUT 43 YEARS,
    R/AT ALAGUNDANAHALLI,
    JADIGENAHALLI, HOLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

71. MANJU,
    S/O SURAPPA,
    AGED ABOUT 43 YEARS,
    R/AT GANGAPURA,
    NANDAGUDI, HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

72. GOPAL,
    S/O NARAPPA,
    AGED ABOUT 43 YEARS,
    R/AT GIDDANAHALLI,
    NANDAGUDI, HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

73. MUNIRAJU,
    S/O KEMPANNA,
    AGED ABOUT 43 YEARS,
    R/AT KARAHALLI,
    NANDAGUDI, HOBLI,
    HOSAKOTE TALUK.
    BANGALORE - 562 114.
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74. ANIL KUMAR,
    S/O KRISHNAPPA,
    AGED ABOUT 35 YEARS,
    R/AT HOSAKOTE TOWN,
    BANGALORE - 562 114.

75. DEVARAJU,
    S/O KRISHNAPPA,
    AGED ABOUT 43 YEARS,
    OCCUPATION - AGRICULTURE,
    R/AT YALACHAHALLI GRAM,
    NANDAGUDI, HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

76. BALAKRISHNA,
    S/O VENKATESH,
    AGED ABOUT 36 YEARS,
    R/AT VADDAHALLI GRAM,
    NANDAGUDI, HOBLI,
    HOSAKOTE TALUK.
    BANGALORE - 562 114.

77. VENKATESH,
    S/O LATE GOVINDAPPA,
    AGED ABOUT 47 YEARS,
    R/AT DODDAKORATI GRAM,
    NANDAGUDI, HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

78. RAMAMURTHY,
    S/O T. KRISHNAPPA,
    AGED ABOUT 48 YEARS,
    R/AT MUGABALA GRAM,
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    HOSAKOTE TALUK,
    BANGALORE - 562 114.

79. MAHESH,
    S/O CHANNAMARIYAPPA,
    AGED ABOUT 38 YEARS,
    RA/T SATYAGANA VILLAGE,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

80. B. NAGARAJA,
    S/O LATE DYAVAPPA,
    AGED ABOUT 55 YEARS,
    RA/T TAVARAKERE GRAM,
    NANDGUDI HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

81. D. T. VENKATESHA,
    S/O TIMARAYAPPA,
    AGED ABOUT 53 YEARS,
    R/AT DODARALAGERE GRAM,
    NEAR ARASANAHALLI, SOLIBELE HOBLI,
    HOSAKOTE TALUK, BANGALORE - 562 114.

82. VASANTH KUAMR R @
    VASANTH (SHARATH BAHRATH
    BACCHAGOWDARA P.A)
    S/O LATE RAMAKRISHNAPPA,
    AGED ABOUT 31 YEARS,
    R/AT BODANAHOSAHALLI GRAM,
    ANUGUNDANAHLLI HOBLLI,
    HOSAKOTE TALUK, BANGALORE - 560 067.

83. SYED ISTA,
    S/O SYED RAFIQ SHAH,
    AGED ABOUT 30 YEARS,
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    WORKING IN PRIVATE COMPANY,
    R/AT MADIMALASANDRA GRAM,
    ANUGUNDANAHALLI HOBALLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

84. BAJI @ AKBAR ALIKHAN,
    S/O KAHLIL KHAN,
    AGED ABOUT 57 YEARS,
    OCCUPATION - AGRICULTURE,
    RA/T GIDDAPANAHALLI GRAM,
    SOLIBELE HOBALI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

85. MUZAMIL,
    S/O IBRAHIM SABI,
    AGED ABOUT 45 YEARS,
    RA/T GIDDAPPANAHALLI,
    GRAM, SOLIBELE HOBLI,
    HOSAKOTE TALUK,
    BANGALORE - 562 114.

86. L.M. SUDARSHAN,
    S/O MUNIYAPPA,
    AGED ABOUT 33 YEARS,
    R/AT LAKONDANAHALLI GRAM,
    KASABA HOBLI, HOSAKOTE TALUK,
    BANGALORE - 562 114.

87. RAKESH S/O UMESH,
    AGED ABOUT 33 YEARS,
    R/AT VIVEKANANDANAGAR,
    3RD CROSS, HOSAKOTE TOWN,
    BANGALORE - 562 114.
                                           ...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
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                                           NC: 2023:KHC:42374
                                      CRL.P No. 11478 of 2023




AND:

1.   STATE BY HOSAKOTE P.S,
     REPRESENTED BY STATE PUBLIC PROSECUTOR,
     OFFICE AT ADVOCATE GENERAL OFFICE,
     HIGH COURT COMPLEX,
     OPP VIDHANA SOUDHA,
     BANGALORE - 560 001.

2.   V D SHIVARAJ,
     CIRCLE POLICE INSPECTOR,
     HOSAKOTE CIRCLE, HOSAKOTE TOWN,
     BANGALORE - 562 114.
                                              ...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)

     THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
A.SET ASIDE THE COGNIZANCE ORDER DATED 09.07.2019
PRESENT AT ANNEXURE-D PENDING ON THE FILE OF XLII
ADDL.C.M.M., BENGALURU AS C.C.NO.10195/2022 FOR THE
OFFENCE P/U/S 143, 147, 188, 353, 354, 332, 427 R/W 149
OF IPC ARISING OUT OF CR.NO.212/2019 REGISTERED BY
HOSAKOTE POLICE STATION, WHEREIN THE PETITIONERS
FROM 1 TO 87 ARE ARRAYED AS THE ACCUSED NO.1 TO 25, 27
TO 69, 71 TO 76 AND 78 TO 90 RESPECTIVELY.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                           ORDER

Heard Sri. Mohammed Tahir, learned counsel appearing

for the petitioners and Smt. K.P. Yashodha, learned HCGP

appearing for the respondents.

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NC: 2023:KHC:42374

2. The petitioners are before this Court calling in

question the proceedings in C.C.No.10195/2022 registered for

the offences punishable under Sections 143, 147, 188, 353,

354, 332, 427 read with 149 of the Indian Penal Code, 1860.

3. The learned counsel appearing for the petitioners

would submit that the issue in the lis stands covered by the

judgment rendered by this Court in the case of SRI. RAVI C

and ORS. Vs. THE STATE OF KARNATAKA1, this Court has

held as follows:

"2. Learned counsel appearing for the petitioners submits that the issue in this petition stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.13328/2018, which submission is accepted by the learned HCGP appearing for the respondent.

3. In the light of there being no dispute with regard to the fact that the issue stands covered by the judgment rendered by the Co-ordinate Bench of this Court, I deem it appropriate to close the proceedings by following the judgment so rendered by the Co-ordinate Bench of this Court. The Co-ordinate Bench has held as follows:

"4. The case of the prosecution in brief is as follows:

The Commissioner of Police, Mangalore City promulgated the prohibitory order from 6.00 a.m. to 6.00 p.m. of 08.12.2014 and prohibited assembling of five or more persons in Mangalore city. The accused persons violating such prohibitory order organized procession consisting

Crl.P.No.2896/2022 disposed on 20.06.2022

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NC: 2023:KHC:42374

2000 persons belonging to Hindu Organization. When the complainant and his colleagues tried to prevent the accused from proceeding with the procession advising that, that is likely to create communal tensions, the accused obstructed the police from discharging their duties, crashed the barricades erected at the scene of offence, damaged the police vehicles and caused injuries to CWS.5 to 8.

5. On receipt of charge sheet, the Magistrate by order dated 24.10.2016 took cognizance of the offences punishable under Sections 143, 144, 145, 147, 148, 153, 188, 332, 353 of IPC and Sections 2(a) and 2(b) of the KPDLP Act and summoned the accused to face trial for the said offences.

6. The petitioners seek quashing of Annexures-A to Annexures-D on the ground that the prime offence was under Section 188 of IPC and Section 195 of Cr.P.C. bars taking cognizance of such offences, except upon the complaint as required under Section 200 of Cr.P.C, therefore the whole proceedings are without jurisdiction.

7. As rightly pointed out, Section 188 of IPC is the main offence. The other offences flow from that. Section 195(1)(a) of Cr.P.C. bars the Court to take cognizance of such offence unless in accordance with the procedure laid down therein.

Section 195(1)(a) reads as follows:

"195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

(1) No Court shall take cognizance-

(a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, 1860 (45 of 1860); or

(ii) of any abetment of, or attempt to commit, such offence; or

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NC: 2023:KHC:42374

(iii) of any criminal conspiracy to commit such offence,

except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;"

8. Reading of the above provision makes it clear that to take cognizance there should be a written complaint and such complaint should be filed either by the officer issuing such promulgation order or the officer above his rank. In the case on hand, as per the complaint itself, prohibitory order under Section 144 of IPC was promulgated by the Commissioner of Police and not the complainant.

9. Further Section 2(d) of Cr.P.C. defines complaint as allegations made orally or in writing to the Magistrate with a view to the Magistrate taking action on such complaint under the Code. Only on such complaint, the Magistrate can take cognizance under Section 190(1)(a) of Cr.P.C. Thereafter the procedure prescribed under Section 200 of Cr.P.C. has to be followed. Therefore the first information report, charge sheet and the order taking cognizance on such charge sheet are without jurisdiction.

10. Then the question is Annexures-A to D get vitiated only so far as the offence under Section 188 of IPC. In para 8 of the judgment in State of Karnataka v. Hemareddy, the Hon'ble Supreme Court held as follows:

"8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a Court is necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a Court is necessary under that sub-section, are committed, it is not

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NC: 2023:KHC:42374

possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld."

(Emphasis supplied)

11. Reading of the above judgment makes it clear that if the offences form part of same transaction of the offences contemplated under Section 195(1) of Cr.P.C, then it is not possible to split up and hold that prosecution of the accused for the other offences should be upheld. Therefore the entire complaint, first information report, charge sheet and the order taking cognizance are liable to be quashed. The petition is allowed.

The impugned first information report, complaint, the charge sheet and the proceedings in C.C.No.3660/2016 are hereby quashed."

4. For the aforesaid reasons, the following:

ORDER

i. Criminal Petition is allowed. ii.

iii. Proceedings in C.C.No.388/2014 on the file of the II Additional Civil Judge and J.M.F.C., Nanjangud, Mysore, stand quashed."

4. Learned HCGP would not dispute the aforesaid

order and the fact that it covers the case at hand on all its

fours.

5. In the light of the order passed by this Court

(supra) and for the aforementioned, the following:

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NC: 2023:KHC:42374

ORDER

I. The criminal petition is allowed. II. The proceedings in C.C.No.10195/2022 registered for the offences punishable under Sections 143, 147, 188, 353, 354, 332, 427 read with 149 of the IPC stands quashed.

Sd/-

JUDGE

JY

CT: BHK