[Cites 8, Cited by 0]
Karnataka High Court
Jayalingappa Basavarajappa Halakoppa vs The State Of Karnataka on 10 April, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 101308 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 10TH DAY OF APRIL 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
CRIMINAL PETITION NO.101308 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. JAYALINGAPPA BASAVARAJAPPA HALAKOPPA
AGED ABOUT 66 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
2. GADIGEPPA SHIVARAYAPPA KAMADOLLI
AGED ABOUT 59 YEARS, OCC: AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ: HANGAL, DIST. HAVERI-581102.
3. SHIVALINGAYYA KALAVEERAYYA PUJAR
VISHAL THE PETITIONER NO.3 DEAD ON 19.06.2025,
NINGAPPA AS DELETED AS FOR COURT ORDER DATED
PATTIHAL 18.03.2026.
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
Location: HIGH COURT
4. MOUNESH FAKKIRAPPA MELLGATTI
OF KARNATAKA
DHARWAD BENCH AGED ABOUT 53 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
5. PANCHAXRAPPA BASAPPA MENASHINAKAI
AGED ABOUT 41 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
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6. SHIVANNA S. SHIGGAON
AGED ABOUT 53 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
7. PARASAPPA P MAVURAD
AGED ABOUT 56 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
8. MRUTYUNJAYYA N KORISHETTAR
AGED ABOUT 51 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
9. AMIT M NELOGAL
AGED ABOUT 33 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
10. NISHIMAPPA BASAVARAJAPPA KAMADOLLI
AGED ABOUT 49 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
11. PUTTARAJ YALLAPPA UPPIN
AGED ABOUT 49 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
12. SHAMBHANNA FAKKIRAPPA MAVALI
AGED ABOUT 49 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
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HC-KAR
13. BASAVARAJ SHIVARAYAPPA KAMADOLLI
AGED ABOUT 46 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
14. VIJAYAKUMAR S/O. KOTRAPPA KAMADOLLI
AGED ABOUT 32 YEARS,
OCC. AGRICULTURE AND BUSINESS,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
15. NIJALINGAPPA RUDRAPPA KAMADOLLI
AGED ABOUT 39 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
16. CHANNAPPA NISHAMAPPA MASANAKATTI
AGED ABOUT 46 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
17. ADIVEPPA NISHAMAPPA MASANAKATTI
AGED ABOUT 46 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
...PETITIONERS
(BY SRI. S.G.KADADAKATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY POLICE SUB INSPECTOR HANGAL POLICE
STATION, R/BY ADDL. SPP,
HIGH COURT OF KARNATAKA BUILDING,
DHARWAD BENCH-580009.
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2. GNAGADHAR
S/O. CHANNABASAPPA HUGGISHETTAR,
AGED ABOUT 69 YEARS, OCC. AGRICULTURE,
R/O. BELAGALPETH VILLAGE,
TQ. HANGAL, DIST. HAVERI-581102.
...RESPONDENTS
(BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE FOR R2;
SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
(U/S. 528 OF BNSS, 2023) SEEKING TO CALL FOR THE
RECORDS AND QUASH THE PRIVATE COMPLAINT FILED BY 2ND
RESPONDENT BEFORE THE SENIOR CIVIL JUDGE AND JMFC,
HANAGAL AGAINST THE PETITIONERS AND ANOTHER FOR THE
ALLEGED OFFENCES P/U/SEC. 427, 504, 143, 147 AND 149 OF
IPC ON 09.11.2023 IN PCR NO 204/2023 AND IN CRIME NO.
271/2023 AND CHARGE SHEET DATED 15.06.2024 FOR THE
OFFENCES U/SEC. 143, 147, 427, 447, 504 R/W 149 OF IPC
AND ORDER OF COGNIZANCE DATED 19.06.2024 BY TRIAL
COURT IN C.C.NO.415/2024 REGISTERED BY THE SUB
INSPECTOR HANGAL POLICE STATION IN SO FAR AS
PETITIONERS/ACCUSED NO. 2 TO 18 ARE CONCERNED; AND
ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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CRL.P No. 101308 of 2025
HC-KAR
ORAL ORDER
This petition is filed by accused Nos.2 to 18 under
Section 528 of BNSS praying to quash the proceedings in
C.C.No.415/2024 (Crime No.271/2023 of Hanagal Police
Station) registered for offences under Sections 143, 147,
427, 447, 504 read with Section 149 of IPC pending on the
file of Senior Civil Judge and JMFC, Hanagal (arising out of
PCR No.204/2023).
2. Heard learned counsel for petitioners, learned
High Court Government Pleader for respondent No.1 and
learned counsel for respondent No.2.
3. Petitioner No.3 died on 19.06.2025 and in that
regard memo has been filed and this Court has passed
order on 18.03.2026 that petition by petitioner No.3 abates.
4. Learned counsel for petitioners would contend
that petitioners are no way concerned with the demolition of
the building. The petitioners are villagers. There is no role
of the petitioners in demolition of the building. The alleged
act of demolition has taken place on 04.11.2023 and
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complaint has been filed on 09.11.2023 and there is a delay
in filing the complaint. On these grounds, he prayed for
quashing of the proceedings.
5. Learned counsel for respondent No.2 would
contend that respondent No.2 is lessee in the property
belonging to Kumareshwar Math and he has constructed the
rice mill building and other buildings in the property. The
petitioners -accused persons who had no authority came
with the JCB and demolished the building belonging to
respondent No.2. Respondent No.2 has filed a private
complaint in PCR No.86 of 2024. The said private complaint
has been referred to police for investigation. The police
registered FIR in Crime No.271 of 2023 of Hanagal Police
Station and Investigating Officer after completing the
investigation has filed charge sheet against the petitioners -
accused persons. As per charge sheet, C.W.5 and C.W.6 are
eyewitness to the incident. They have specifically stated the
acts of the petitioners coming to the spot with the JCB and
demolishing the building. Considering the said aspect, there
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are no grounds for quashing. With these, he prays to reject
the petition.
6. Having heard learned counsel, this Court has
perused the charge sheet and other materials placed on
record.
7. Column No.17 of the charge sheet indicates that
the complainant and his brothers have taken the land in
Survey No.161/1A and Survey No.161/1B on rent basis in
the year 1957 and they have constructed the rice mill
building and running the rice mill with the help of workers.
Accused persons on 04.11.2023 came with JCB bearing
registration No.KA-27/M-6042 to the spot and trespassed
into the property, demolished the building and when
complainant questioned them, they abused him in filthy
words. The charge sheet has been filed against the
petitioners for offences under Section 143, 147, 427, 447,
504 read Section 149 IPC. As per charge sheet, C.W.5 and
C.W.6 are eye witnesses to the incident. On perusal of the
statement of C.W.5 and C.W.6, they have specifically
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stated, they witnessing the accused persons coming with
the JCB and demolishing the building pertaining to
respondent No.2 -complainant and abusing him in filthy
words when he questioned, their acts. Merely because there
is delay in filing the complaint is not a ground for quashing.
Considering the above aspects, there are no grounds for
quashing of the proceedings in C.C.No.415 of 2024 as
sought for.
In the result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
CT:VH
List No.: 1 Sl No.: 3
