Karnataka High Court
Amaresh And Ors vs State Of Karnataka And Anr on 8 July, 2025
Author: V Srishananda
Bench: V Srishananda
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CRL.P No. 201427 of 2024
C/W CRL.P No. 200542 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 201427 OF 2024
(482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 200542 OF 2024
(482(Cr.PC)/528(BNSS))
IN CRL.P.NO.201427/2024:
BETWEEN:
1. SRI RAMESH @ S. RAMESH
S/O SAL RAMAPPA @ RAMANNA,
AGED ABOUT 53 YEARS, OCC: AGRICULTURE,
2. SRI RAM @ RAMANNA S/O YANKAPPA,
Digitally signed AGED ABOUT 35 YEARS, OCC: AGRICULTURE,
by RENUKA
Location: HIGH
COURT OF 3. SRI TIMMAPPA S/O RAMAPPA,
KARNATAKA
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
4. SRI RAHIM NAYAK S/O RAMAPPA,
AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
5. SRI YANKA @ YANKAPPA S/O IRANNA,
AGED ABOUT 35 YEARS, OCC: AGRICULTURE,
6. SRI YANKOB S/O SAL HANUMANT,
AGED ABOUT 55 YEARS, OCC: AGRICULTURE,
7. SRI SAL HANUMAYYA
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S/O RANGANNA @ RANGAPPA,
AGED ABOUT 70 YEARS, OCC: AGRICULTURE,
8. SRI HULIGEYYA S/O MOOKAYYA,
AGED ABOUT 29 YEARS, OCC: AGRICULTURE,
9. SRI ERESH S/O MANASAYYA,
AGED ABOUT 45 YEARS, OCC: AGRICULTURE,
10. SRI HUSENI @ HUSENAPPA
S/O GOVINDAYYA @ GOVINDAPPA,
AGED ABOUT 35 YEARS, OCC: AGRICULTURE,
11. SMT. LAXMI W/O MOOKAYYA @ YANKOBA,
AGED ABOUT 42 YEARS, OCC: HOUSEHOLD,
12. SRI HAMPAYYA S/O SAL HANUMAYYA
@ SANNA HANUMANT,
AGED ABOUT 48 YEARS, OCC: AGRICULTURE,
13. SRI TIMMA @ TIMMAREDDY,
S/O SAL RAMANNA,
AGED ABOUT 28 YEARS, OCC: AGRICULTURE,
14. SRI MOOKAYYA @ YANKOBA
S/O BASSAYYA @ KARIYAPPA,
AGED ABOUT 55 YEARS, OCC: AGRICULTURE,
PETITIONER NO.1 TO 14 ARE,
R/O. SANGAPUR VILLAGE,
TQ. MANVI, DIST. RAICHUR-584 123.
15. SRI BASAV @ BASAVARAJ
S/O YANKAPPA,
AGED ABOUT 36 YEARS, OCC: AGRICULTURE,
R/O. MALLIN MADUGU, TQ. MANVI,
DIST. RAICHUR-584 123.
16. AMARESH S/O DEVINDRAPPA,
AGED ABOUT 37 YEARS, OCC: AGRICULTURE,
R/O. JANEKAL, TQ. MANVI,
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CRL.P No. 201427 of 2024
C/W CRL.P No. 200542 of 2024
HC-KAR
DIST. RAICHUR-584 123.
...PETITIONERS
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH SHO., MANVI POLICE STATION,
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH,
KALABURAGI-585 103.
2. SRI AMARESH S/O YANKOB NAYAK AALDAL,
AGED ABOUT 35 YEARS, OCC: AGRICULTURE,
R/O. SANGAPUR VILLAGE, TQ. MANVI,
DIST. RAICHUR-584 123.
...RESPONDENTS
(BY SMT. ARATI PATIL ,HCGP FOR R1;
SRI. P.S. MALIPATIL, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING
TO ALLOW THE PETITION AND FURTHER QUASH THE CHARGE
SHEET AND ENTIRE PROCEEDINGS IN C.C.NO.169/2024, ON
THE FILE OF CIVIL JUDGE AND JMFC MANVI, REGISTERED
AGAINST THE PETITIONERS/ ACCUSED NO.1 TO 8 AND 10 TO
17 FOR THE COMMISSION OF ALLEGED OFFENCES
PUNISHABLE U/SEC. 143, 147, 341, 447, 323, 504, 506 R/W
149 OF IPC IN CRIME NO. 234/23 MANVI PS RAICHUR DIST.
IN CRL.P.NO. 200542/2024:
BETWEEN:
1. SRI AMARESH S/O VENKOBA ALDAL,
AGED ABOUT 35 YEARS, OCC: AGRICULTURE,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
DIST. RAICHUR-584123.
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2. SMT. PADMAMMA W/O SAL KARIYAPPA,
AGED ABOUT 64 YEARS, OCC: HOUSEHOLD,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
3. SRI VENKOBA S/O THIMMANNA ALDAL,
AGED ABOUT 60 YEARS,
OCC: AGRICULTURE,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
4. SMT. HAMPAMMA W/O VENKOBA,
AGED ABOUT 53 YEARS,
OCC: HOUSEHOLD,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
5. SMT. SARASWATHI W/O AMARESH,
AGED ABOUT 32 YEARS,
OCC: HOUSEHOLD,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
6. SRI MAHESH S/O VENKOBA,
AGED ABOUT 28 YEARS,
OCC: AGRICULTURE,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
7. SRI RAMA @ RAMESH S/O VENKOBA,
AGED ABOUT 25 YEARS,
OCC: AGRICULTURE,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
8. SRI NAGARAJ S/O RAMAIAH,
AGED ABOUT 45 YEARS,
OCC: AGRICULTURE,
R/O. BAGALAWADA VILLAGE,
MANVI TQ.,
-5-
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RAICHUR DIST.-584 120.
9. SRI VENKOBA S/O MOUNESH,
AGED ABOUT 38 YEARS,
OCC: AGRICULTURE,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 123.
10. SRI YELLALINGA @ YALLAPPA S/O MOUNESH,
AGED ABOUT 30 YEARS,
OCC: AGRICULTURE,
R/O. AMARAVATHI, MANVI TQ.,
RAICHUR DIST.-584 123.
11. SRI CHANDRU @ CHANDRASHEKHAR
S/O EARANNA,
AGED ABOUT 27 YEARS,
OCC: AGRICULTURE,
R/O. BAGALAWADA VILLAGE, MANVI TQ.,
RAICHUR DIST.-584 120.
12. SRI KASHINATH S/O EARANNA,
AGED ABOUT 30 YEARS,
OCC: AGRICULTURE,
R/O. BAGALAWADA VILLAGE, MANVI TQ.,
RAICHUR DIST.584 120.
13. SRI RAMESH S/O EARANNA,
AGED ABOUT 28 YEARS,
OCC: AGRICULTURE,
R/O. BAGALAWADA VILLAGE, MANVI TQ.,
RAICHUR DIST.584 120.
14. SRI ANJINEYYA S/O HANUMANTHAPPA,
AGED ABOUT 50 YEARS,
OCC: AGRICULTURE,
R/O. GAVIGAT VILLAGE, MANVI TQ.,
RAICHUR DIST.584 123.
...PETITIONERS
(BY SRI. P. S. MALIPATIL, ADVOCATE)
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AND:
1. STATE OF KARNATAKA,
MANVI POLICE STATION,
TQ. MANVI, DIST. RAICHUR-584 123,
REPT. BY ADDL. STATE PUBLIC PROSECUTOR,
KALABURAGI-585107.
2. SMT. LAKSHMI
W/O VENKOBA @ MUKAIAH,
AGED ABOUT 48 YEARS,
R/O. SANGAPUR VILLAGE, MANVI TQ.,
DIST. RAICHUR-584123.
...RESPONDENTS
(BY SMT. ARATI PATIL ,HCGP FOR R1;
SRI. ARUNKUMAR AMARGUNDAPPA ,ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THE CRIMINAL PETITION AND SET ASIDE THE
PROCEEDINGS / CHARGE SHEET DTD. 13.01.2024 FILED IN
C.C.NO.154/2024 ON THE FILE OF CIVIL JUDGE AND JMFC,
MANVI FOR THE CRIME NO.0238/2023 MANVI PS. OFFENCE
PUNISHABLE U/SECS. 143, 147, 341, 323, 354, 504, 506 R/W
SEC. 149 OF IPC AND DISMISS THE COMPLAINT FILED BY THE
RESPONDENT NO.2 AGAINST THE PETITIONERS,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
1. Office objections are over ruled.
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HC-KAR
2. Parties are present before the Court.
3. There is no possibility of amicable settlement in
view of the fact that, the petitioners in Criminal Petition
No.200542/2024 did not agree for withdrawing his complaint
filed against the petitioners in Criminal Petition
No.201427/2024.
4. Under such circumstances, since both the cases
arising out of a case and a counter case, there cannot be
quashing of the pending criminal cases in respect of any one of
the parties.
5. The view of this Court is supported by the Full
Bench Judgment of the Hon'ble High Court of Karnataka in the
case of State of Karnataka, Circle Inspector of Police Vs.
Hosakeri Ningappa and another, reported in ILR 2012 Kar.
509.
6. As such, both the petitions are dismissed.
7. At this juncture, Sri. Arunkumar Amargundappa,
learned counsel would submit that, the trial Judge has not
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followed the principles of law enunciated in the case of
Hosakeri Ningappa supra, in respect of a case and a counter
case.
8. It is made clear that, the trial Court is bound to
follow the directions issued in Hosakeri Ningappa case, supra
and proceed with the case in accordance with law.
9. If any violation is there, the petitioners in Criminal
Petition No.201427/2024 are at liberty to bring the same to the
notice of the trial Judge as to the principles of law enunciated in
Hosakeri Ningappa case has been violated and seek
appropriate remedy.
10. Accordingly, the following order:
ORDER
Petitions are dismissed.
Sd/-
(V SRISHANANDA)
JUDGE
SVH
CT:PK
