Karnataka High Court
Sharanappa vs The State Of Karnataka on 26 November, 2025
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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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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
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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.
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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
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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
ILR 2012 KAR 509
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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
