Karnataka High Court
Shri Vinod S/O Somappa Patil Alias ... vs The State Of Karnataka on 16 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 102050 of 2025
C/W CRL.P No. 101858 of 2025
CRL.P No. 102547 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102050 OF 2025
C/W
CRIMINAL PETITION NO. 101858 OF 2025
CRIMINAL PETITION NO. 102547 OF 2025
(482(CR.PC)/528(BNSS))
IN CRL.P. 102050 OF 2025:
BETWEEN:
1. KRISHNAPPA KALAPPA LAMANI,
AGE. 60 YEARS, OCC. AGRICULTURE,
2. BHIMAPPA KRISHNAPPA LAMANI,
AGE. 34 YEARS, OCC. AGRICULTURE,
3. GURUNATH KRISHNAPPA LAMANI,
AGE. 40 YEARS, OCC. AGRICULTURE,
Digitally
signed by
RAKESH S
RAKESH HARIHAR
S Location:
HIGH
HARIHAR COURT OF
4. SMT. SAKKUBAI W.O GURUNATH LAMANI,
AGE. 34 YEARS, OCC. AGRICULTURE,
KARNATAKA
DHARWAD
BENCH
5. KRISHNA GURUNATH LAMANI,
AGE. 16 YEARS, OCC. STUDENT,
SINCE PETITIONER NO.5 IS MINOR
R/BY MINOR GUARDIAN NATURAL
MOTHER, PETITIONER NO.4 I.E.,
SMT. SAKKUBAI W.O GURUNATH LAMANI.
6. SMT. SONAVVA W/O BHIMAPPA LAMANI,
AGE. 30 YEARS, OCC. AGRICULTUREM
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CRL.P No. 102547 of 2025
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7. SMT. SUSHILAVVA
W/O KRISHNAPPA LAMANI,
AGE. 54 YEARS, OCC. AGRICULTURE,
8. NINGAPPA KRISHNAPPA LAMANI,
AGE. 33 YEARS, OCC. AGRICULTURE,
9. SHEKHAPPA @ SHEKRAPPA KALAPPA LAMANI,
AGE. 62 YEARS, OCC. AGRICULTURE,
10. SMT. SONAVVA W/O SHEKHAPPA LAMANI,
AGE. 42 YEARS, OCC. AGRICULTURE,
11. BASAVARAJ SHEKHAPPA LAMANI,
AGE. 31 YEARS, OCC. AGRICULTURE,
12. SUNIL SHEKHAPPA LAMANI,
AGE. 20 YEARS, OCC. AGRICULTURE,
13. SMT. RUPA W/O BASAVRAJ LAMANI,
AGE. 24 YEARS, OCC. AGRICULTURE,
14. SANTHOSH SHEKHAPPA LAMANI,
AGE. 37 YEARS, OCC. AGRICULTURE,
15. ANJALI @ SHANTA GURUNATHA LAMANI,
AGE. 15 YEARS, OCC. STUDENT,
SINCE PETITIONER NO.15 IS MINOR
R/BY MINOR GUARDIAN NATURAL
MOTHER PETITIONER NO.4 I.E.,
SMT. SAKKUBAI W/O GURUNATH LAMANI.
16. KAVITA D/O SHEKHAPPA LAMANI,
AGE. 21 YEARS, OCC. AGRICULTURE,
17. EGAPPA YANKAPPA LAMANI,
AGE. 42 YEARS, OCC. AGRICULTURE,
18. SMT. CHANDAVVA @ CHANDRAVVA
W/O EGAPPA LAMANI,
AGE. 40 YEARS, OCC. AGRICULTURE,
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CRL.P No. 102547 of 2025
HC-KAR
ALL ARE R/O. CHANNAPURA DLT,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
... PETITIONERS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
(RAMDURG P.S.), REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 011.
2. VINOD SOMAPPA PATIL,
AGE. 29 YEARS, OCC. ADVOCATE,
R/O. CHANNAPUR DLT, TQ. RAMDURG,
DIST. BELAGAVI-591 123.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. H.R. LATUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO
QUASHED THE COMPLAINT DATED 24.03.2025 AND F.I.R.
DATED 24.03.2025 BY RAMDURG POLICE STATION, IN CRIME
NO.36/2025 DATED 24.03.2025, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2),
118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2), 190 OF
BNS, 2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC, RAMDURG, BELAGAVI DISTRICT, RAMDURG BELAGAVI,
INSOFAR AS THESE PETITIONERS NO.1 TO 18 (ACCUSED NO.1
AND 4 TO 20), TO MEET THE ENDS OF JUSTICE.
IN CRL.P. 101858 OF 2025:
BETWEEN:
1. SHRI VINOD S/O SOMAPPA PATIL @ LAMANI,
AGE. 30 YEARS, OCC. ADVOCATE,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
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2. SHRI VASU S/O SOMAPPA LAMANI @ PUJERI,
AGE. 49 YEARS, OCC. AGRICULTURE,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
3. SHRI SOMAPPA S/O TUKKAPPA LAMANI,
AGE. 88 YEARS, OCC. AGRICULTURE,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
4. SMT. KAVERI W/O IRAPPA PUJERI,
AGE. 36 YEARS, OCC. AGRICULTURE,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
5. SHRI IRAPPA S/O SOMAPPA PUJERI,
AGE. 43 YEARS, OCC. AGRICULTURE,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
6. SMT. PARWATI W/O VASAPPA PUJERI,
AGE. 43 YEARS, OCC. HOUSEHOLD,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
7. KUM. SURYADEV S/O VASAPPA PUJARI,
AGE. 14 YEARS, OCC. STUDENT,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
(SINCE MINOR R/BY FATHER MINOR
GUARDIAN/NEXT FRIEND
SHRI VASU LAMANI @ PUJARI
PETITIONER NO.2).
8. KUM. SHAILA D/O IRAPPA PUJARI,
AGE. 16 YEARS, OCC. STUDENT,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
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CRL.P No. 102547 of 2025
HC-KAR
(SINCE MINOR R/BY FATHER MINOR
GUARDIAN/NEXT FRIEND
SHRI IRAPPA PUJARI PETITIONER NO.5.)
... PETITIONERS
(BY SRI. ROHIT N. LATUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED THROUGH THE PSI,
RAMDURG POLICE STATION,
BELAGAVI-591 123,
(R/BY HCGP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD).
2. SHRI KRISHNAPPA S/O KALAPPA LAMANI,
AGE. 59 YEARS, OCC. FARMER,
R/O. CHANNAPUR DLT VILLAGE,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. HARISH S. MAIGUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO
QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE
PETITIONERS BY THE RAMDURG PS BASED ON THE ALLEGED
COMPLAINT LODGED BY THE R.NO.2 IN RELATION TO RAMDURG
PS CR. NO.37/2025 FOR ALLEGED OFFENCES PUNISHABLE
UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1),
118(2), 126(2), 351(2), 352, 190, BNS, 2023 AS AGAINST THEM
WHO ARE ARRAYED AS ACCUSED NO.1 TO 8 PENDING ON THE
FILE BEFORE THE LEARNED SR. CIVIL JUDGE AND JMFC,
SAUNDATTI, IN THE INTEREST OF JUSTICE.
IN CRL. P. NO.102547 OF 2025:
BETWEEN:
1. VITTAL KRISHNAPPA LAMANI,
AGE. 28 YEARS, OCC. AGRICULTURE,
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2. TOPANNA KRISHNAPPA LAMANI,
AGE. 29 YEARS, OCC. AGRICULTURE,
BOTH ARE R/O CHANNAPUR DLT,
TQ. RAMDURG, DIST. BELAGAVI-591 123.
... PETITIONERS
(BY SRI. HARISH S. MAIGUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
(RAMDURG P.S.), REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 011.
2. VINOD SOMAPPA PATIL,
AGE. 29 YEARS, OCC. ADVOCATE,
R/O. CHANNAPUR DLT, TQ. RAMDURG,
DIST. BELAGAVI-591 123.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. H.R. LATUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO
QUASH THE COMPLAINT DATED 24/03/2025 AND F.I.R. DATED
24/03/2025 BY RAMDURG POLICE STATION, IN CRIME
NO.36/2025 DATED 24/03/2025, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2),
118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2), 190 OF BNS,
2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
JMFC, RAMDURG, BELAGAVI DISTRICT, RAMDURG, BELAGAVI,
INSOFAR AS THESE PETITIONERS NO.1 AND 2 (ACCUSED NO.2
AND 3), TO MEET THE ENDS OF JUSTICE.
THESE PETITIONS ARE COMING ON FOR FINAL HEARING,
THIS DAY, ORDER IS MADE THEREIN AS UNDER:
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CRL.P No. 102547 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. These three petitions arise out of an incident that
had taken place on 23.03.2025 within the jurisdiction of
Ramdurga Police Station, Belagavi district in respect of
which, a case and counter case in Crime No.36 of 2025 and
Crime No.37 of 2025 was registered by Ramdurga Police
Station, Belagavi. Therefore, the above captioned three
petitions are heard together and disposed off by this
common order with the consent of the learned counsels
appearing on both sides.
2. Heard learned counsel for the parties.
3. Perusal of the material on record would go to
show that in respect of the alleged incident that had taken
place on 23.03.2025, FIR in Crime No.36 of 2025 was
registered by Ramdurga Police Station, Belagavi District, for
offences punishable under Sections 189(2), 191(2), 191(3),
115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2)
& 190 of BNS 2023 against Krishnappa Kalappa Lamani and
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19 others based on the first information dated 24.03.2024
submitted by Vinoda Somappa Patil. Accused in Crime
No.36 of 2025 are before this Court in Criminal Petition
No.102050 of 2025 and Criminal Petition No.102547 of
2025 with a prayer to quash the entire proceedings in Crime
No.36 of 2025 registered by Ramdurga Police Station,
Belagavi for offences punishable under Sections 189(2),
191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333,
74, 352, 351(2) & 190 of BNS 2023.
4. In respect of the very same incident that had
taken place on 23.03.2025, FIR in Crime No.37 of 2025 was
registered by Ramdurga Police Station, Belagavi for
offences punishable under Sections 189(2), 191(2), 191(3),
115(2), 118(1), 118(2), 126(2), 351(2), 352 & 190 of BNS
2023 based on the first information dated 25.03.2025
received from Krishnappa Kalappa Lamani against Vinod
Somappa Patil and others.
5. Petitioners in Criminal Petition No.101858 of
2025 are accused in Crime No.37/2025 who are before this
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Court with the prayer to quash the entire proceedings in
Crime No. 37 of 2025 registered by Ramdurga Police
Station, Belagavi for offences punishable under Sections
189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 126(2),
351(2), 352 & 190 of BNS 2023.
6. Perusal of the material on record would go to
show that in the incident in question that had taken place
on 23.03.2025, members of both the parties had fought
against each other and both the parties have suffered
injuries, which is supported by medical document. Since
there is a case and a counter case in respect of the alleged
incident that had taken place on 23.03.2021, the incident in
question is not in dispute in which members of both the
parties have suffered injuries.
7. 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
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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.
8. 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
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.
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9. 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.
10. 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.
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11. In the case on hand, perusal of the averments
made in the complaints would go to show that there are
sufficient materials to prosecute the accused for the alleged
offences. Under the circumstances, there cannot be any
interference as against the impugned proceedings.
Therefore, I do not find any good ground to entertain these
petitions. Accordingly, the following order is passed:
Criminal Petitions are dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
KGK
CT:BCK
