Karnataka High Court
Smt. Annapurna W/O Sangappa Alagur vs State Of Karnataka on 29 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 102017 of 2025
C/W CRL.P No. 102677 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 29TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102017 OF 2025
C/W
CRIMINAL PETITION NO. 102677 OF 2025
(482(CR.PC)/528(BNSS))
IN CRL.P. NO.102017 OF 2025:
BETWEEN:
1. SMT. ANNAPURNA W/O SANGAPPA ALAGUR,
AGE. 38 YEARS, OCC. GOVT. GAZETTED,
R/O. HIPPARAGI, TQ. RABKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
2. BHIMASI S/O BEERAPPA PUJARI,
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. HIPPARAGI TOTAD VASTI,
TQ. RABKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
3. SHIVAGOND S/O BEERAPPA PUJARI,
AGE. 53 YEARS, OCC. AGRICULTURE,
R/O. HIPPARAGI TOTAD VASTI,
Digitally signed TQ. RABKAVI-BANAHATTI,
by RAKESH S
RAKESH HARIHAR
Location: HIGH
DIST. BAGALKOT-587 311.
S COURT OF
HARIHAR KARNATAKA
DHARWAD
BENCH 4. BALESH S/O SHIVAGOND PUJARI,
AGE. 32 YEARS, OCC. STUDENT,
R/O. HIPPARAGI TOTAD VASTI,
TQ. RABKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
5. SMT. SATTYAVVA W/O SHIVAGOND PUJARI,
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O. HIPPARAGI TOTAD VASTI,
TQ. RABKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
... PETITIONERS
(BY SRI. RAHUL S. KUNTOJI, ADVOCATE)
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CRL.P No. 102017 of 2025
C/W CRL.P No. 102677 of 2025
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AND:
1. STATE OF KARNATAKA,
R/BY HIGH COURT STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD, THROUGH BANAHATTI P.S.,
TQ. RABKAVI-BANHATTI,
DIST. BAGALKOT-587 311.
2. SANGAPPA S/O PARASAPPA ALAGUR,
AGE. 46 YEARS, OCC. PROFESSOR,
R/O. HIPPARAGI TOTAD VASTI,
TQ. RABKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. SHIVRAJ S. BALLOLI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
IMPUGNED COMPLAINT DATED 11.05.2025 AND THE CONSEQUENT
FIR IN CRIME NO.0069/2025 REGISTERED BY THE BANAHATTI POLICE
STATION AGAINST PETITIONERS (ACCUSED NOS.1 TO 5) FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3),
115(2), 118(1), 352, 351 AND 190 OF BHARATIYA NYAYA SANHITA,
2023, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT,
BANAHATTI, IN SO FAR AS IT PERTAINS TO PETITIONERS (ACCUSED
NOS.1 TO 5), IN THE INTEREST OF JUSTICE AND EQUITY.
IN CRL.P. NO.102677 OF 2025:
BETWEEN:
1. SHRI SANGAPPA S/O. PARASAPPA ALAGUR,
AGE. 49 YEARS, OCC. GUEST LECTURER,
R/O. HIPPARAGI TOTAD VASTI,
TQ. RABAKAVI-BANAHATTI
DIST. BAGALKOT-587 311.
2. SMT. SATTYAVVA W/O. PARASAPPA ALAGUR,
AGE. 68 YEARS, OCC. HOUSEHOLD WORK,
R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
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CRL.P No. 102017 of 2025
C/W CRL.P No. 102677 of 2025
HC-KAR
3. SHRI PARASAPPA S/O. TAMMANNA ALAGUR,
AGE. 70 YEARS, OCC. AGRICULTURE
R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
4. SHRI MAHADEV S/O. TAMMANNA ALAGUR,
AGE. 62 YEARS, OCC. AGRICULTURE,
R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
5. SHRI MUTTAVVA S/O. RAYAPPA PUJARI,
AGE. 40 YEARS, OCC. HOUSEHOLD WORK,
R/O. HIPPARAGI, TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
... PETITIONERS
(BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH BANAHATTI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580 011.
2. SMT. ANNAPURNA W/O. SANGAPPA ALAGUR,
AGE. 38 YEARS, OCC. GOVERNMENT OFFICIAL,
R/O. HIPPARAGI FARM HOUSE,
TQ. RABAKAVI-BANAHATTI,
DIST. BAGALKOT-587 311.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. RAHUL S. KUNTOJI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE
IMPUGNED PROCEEDINGS ARISING OUT CRIME NO.70/2025 BY THE
BANAHATTI POLICE STATION FOR THE COMMISSION OF THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3),
115(2), 118(1), 74, 352, 351 AND 190 OF BHARATIYA NYAYA
SANHITA, 2023.
THESE PETITIONS ARE COMING ON FOR ADMISSION THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. These two criminal petitions filed under Section
482 of the Cr.P.C. arise out of case and counter case
between the same parties and therefore, with the consent
of the learned counsels appearing on both sides, they are
heard together and disposed of by this common order.
2. In respect of the alleged incident that had taken
place on 22.04.2025, FIR in Crime No. 69/2025 was
registered by Banahatti Police Station, for offences
punishable under Section 189(2), 191(2), 191(3), 115(2),
118(1), 352, 351 and 190 of Bharatiya Nyaya Sanhita,
2023, based on the first information dated 11.05.2025
received from Sangappa Parasappa Alagur. Accused nos.1
to 5 in Crime No.69 of 2025, are before this Court in
Crl.P.No.102017 of 2025, with a prayer to quash the entire
proceedings in the said case.
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3. In respect of the very same incident, that had
taken place on 22.04.2025, FIR in Crime No.70 of 2025 was
registered by Banahatti Police Station, Bagalkot, for
offences punishable under Sections 189(2), 191(2), 191(3),
115(2), 118(1), 352, 351 and 190 of Bharatiya Nyaya
Sanhita, 2023, based on the first information dated
13.05.2024 received from Annapurna Sangappa Alagur,
who is accused no.1 in Crime No.69 of 2025. Accused in
Crime No.70 of 2025 are before this Court in
Crl.P.No.102677 of 2025, with a prayer to quash the entire
proceedings in Crime No.70 of 2025 as against them.
4. Perusal of the material on record would go to
show that in respect of the alleged incident that had taken
place on 22.04.2025, there is a case and counter case
registered by the very same police station in Crime No.69 of
2025 and Crime No.70 of 2025. The first information in both
the cases were submitted belatedly. Investigation of the
case is under progress. Allegations found in the first
information would go to show that, in the alleged incident
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that had taken place on 22.04.2025, the parties had fought
against each other and both parties have suffered certain
injuries.
5. A case and counter case are criminal cases
originating from a single incident that had taken place in
any particular area at a specified time or at the same time.
Though the Code of Criminal Procedure or any other statute
does not provide as to how the case and counter cases have
to be investigated or tried, the courts in order to prevent
conflicting decisions with regard to one incident, have
laid down the principles as to how investigation has to be
done in a case and counter case and how the case and
counter case are required to be tried.
6. The Hon'ble Supreme Court in the case of
NATHI LAL & OTHERS VS STATE OF U.P. reported in
(1990) Supp. SCC 145, has laid down certain procedures
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to be followed by the courts in a case and counter case. The
said judgment was followed in the subsequent judgment in
the case of STATE OF M.P. VS MISHRILAL reported in
(2003)9 SCC 426, and the Hon'ble Supreme Court has held
that the case and counter case should be tried together by
the same court irrespective of the nature of offence
involved. The rational behind this is to avoid conflicting
judgment over the same incident because if cross cases are
allowed to be tried by two courts separately, there is
likelihood of conflicting judgments.
7. This Court in the case of ABDUL MAJID SAB VS
STATE OF KARNATAKA reported in ILR 2010 KAR 1719,
has held that the same Investigating Officer should
investigate both the case viz., case and counter case and
shall file the final report and the case and counter case
should be conducted by separate prosecutors.
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8. So far as the power under Section 482 Cr.PC to
quash the proceedings, in a case and counter case is
concerned, having regard to the fact that the incident in
question is not in dispute, in normal circumstances, the
High Court should not venture to quash the proceedings
when it is found that there is a case and counter case in
respect of the same incident between the same parties.
However, if the averments made in the complaints prima
facie show that necessary ingredients for the alleged
offences is absent and proceedings is initiated only as a
counter blast to the complaint lodged by the other party,
in such event, the inherent power under Section 482 Cr.PC
can be exercised by this Court.
9. In the case on hand, perusal of the averments
made in the first information would go to show that there
are sufficient material to prosecute the accused for the
alleged offences. Under the circumstances, there cannot be
any interference as against the impugned proceedings. I do
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not find any good ground to entertain these petitions.
Accordingly, the following order is passed:
ORDER
The criminal petitions are dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
VMB
CT:BCK
