Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200474 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN:
1. DEVAMMA @ DEVAMALAMMA @ DEVENDRAMMA D/O SHARANAPPA, AGED ABOUT 34 YEARS, R/A BACHWAR VILLAGE, ARAKERA (K), YADAGIRI DISTRICT- 585201.
2. ANANTHAMMA W/O SHARANAPPA,
AGED ABOUT 68 YEARS, R/AT BACHAWAR VILLAGE, ARAKERA(K), YADAGIRI DISTRICT-585201 PRESENT ADDRESS: Digitally signed 1/18 A. KUMBAR ONI AT BACHWAR, by RENUKA Location: HIGH TQ. AND DIST. YADGIRI, COURT OF POST. HATTIKUNI-585202, KARNATAKA (BOTH PARTIES AS SAME ADDRESS) …PETITIONERS (BY SRI ROHAN S., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY GURUMITKAL PS, YADGIRI DISTRICT, REPRESENTED BY ITS, ADDL. STATE PUBLIC PROSECUTOR, -2- HIGH COURT BUILDING, KALABURAGI-585103.
2. AVVAMMA W/O ANAND, AGED ABOUT 37 YEARS, R/A ARAKERA (K) VILLAGE, TQ. YADGIRI, YADAGIRI - 585201. …RESPONDENTS (BY SMT. ARATI PATIL, HCGP FOR R1; SMT. AMBIKA S. ISHWARAJ, ADVOCATE FOR SMT. CHANDRAKALA, ADVOCATE FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), U/S 528 OF BNSS, 2023 PRAYING TO, QUASH THE
ENTIRE CRIMINAL PROCEEDINGS IN CC NO.211/2021, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, YADGIRI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 323, 354, 504, 506 R/W 34 OF IPC REGISTERED BY THE 1ST RESPONDENT/GURUMITKAL PS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Rohan S., learned counsel for the petitioners, Smt. Arati Patil, learned High Court -3- Government Pleader for respondent No.1/State and learned counsel, Smt. Ambika S. Ishwaraj, for Smt. Chandrakala, learned counsel for respondent No.2.
2. This petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 with the following prayer: “WHEREFORE, the Petitioners named above humbly pray that this Hon’ble Court be pleased to: a) Call for the entire records in CC.No211/2021 pending on the file of Hon’ble Civil Judge and JMFC, Yadgiri for the alleged offences punishable under section 323, 354, 504, 506 r/w 34 of IPC registered by the 1st Respondent/Gurumitkal PS. b) Quash the entire criminal proceedings in CC.No211/2021 pending on the file of Hon’ble Civil Judge and JMFC, Yadgiri for the alleged offences punishable under section 323, 354, 504, 506 r/w 34 of IPC registered by the 1st Respondent/Gurumitkal PS. -4- c) Pass such other relief/reliefs as this Hon’ble court deems fit in the facts and circumstances of the present case in the interest of justice and equity.”
3. facts in brief which are utmost necessary for disposal of the present petition are as under: Respondent No.2 Avvamma lodged a complaint with
Gurumitkal police on 21.02.2021 which was registered in Crime No.21/2021 alleging the offences punishable under Sections 323, 354, 504, 506 read with Section 34 of Indian Penal Code.
4. Gist of the complaint averments would reveal
that on 20.02.2021 at about 07:00 p.m., wife of one Shankrappa by name, Vijayalakshmi had visited the Siddharoodh Math and since it was late in the evening, she took shelter along with the complainant. On 21.02.2021 at about 08:00 a.m., when the complainant and said Vijayalakshmi had been inside the Math for taking Darshan near Garbhagudi, at that juncture, Shankrappa, his sister
-5- Devamma @ Devamallamma and mother of Shankrappa by name, Anantamma came there and among them, Devamma @ Devamallamma abused Vijayalakshmi in filthy language and asked the complainant as to why she has given shelter to Vijayalakshmi, who has quarreled with them and abused the complainant as well.
5. When the same was questioned by the
complainant, being enraged with such question, Shankrappa interfered with the quarrel and abused the complainant in filthy language and thereafter misbehaved with the complainant by pulling her Saree, outraged her modesty, assaulted her and kicked her. When Vijayalakshmi tried to pacify the quarrel, Anantamma again abused both of them and she gave life threat to the complainant.
6. It is further contended that Ganesh S/o Mallanna was consulted about the incident and later on, the complaint came to be lodged on 21.02.2021. -6-
7. The police after thorough investigation, filed the chargesheet contending that on 21.02.2021 at about
08:00 a.m., the incident has occurred inside the Siddharoodh temple and as such there are prima facie material which would attract the offences under Section 323, 354, 504 and 506 read with Section 34 of IPC.
8. On receipt of the chargesheet, without taking cognizance, the learned Trial Magistrate straightaway issued summons to accused Nos.1 to 3 on 04.08.2021.
9. Sri Rohan S., learned counsel for the petitioners
would contend that accused No.1 Shankrappa is no more and other accused persons namely, the petitioners herein are no way connected with the incident, as there is no specific allegation against these petitioners except Anantamma/petitioner No.2 giving life threat and Devamma @ Devamallamma/petitioner No.1 abusing in filthy language and therefore the very filing of the -7- chargesheet and continuation of the criminal proceedings has resulted in miscarriage of justice.
10. He would also contend that without taking
cognizance and proceeding with the criminal case has resulted in procedural lapses, affecting the rights of the petitioners and therefore sought for quashing of pending criminal proceedings.
11. Per contra, Smt. Arati Patil, learned High Court
Government Pleader would contend that since the prosecution has invoked Section 34 of the IPC, mere death of accused No.1 namely, Shankrappa would not affect the case of the prosecution and sought for dismissal of the petition.
12. Learned counsel, Smt. Ambika S. Ishwaraj,
appearing for Smt. Chandrakala, learned counsel for respondent No.2 while adopting the arguments put forth by learned High Court Government Pleader would contend that the learned Magistrate has committed an error in not -8- taking cognizance, the same would not be treated as the illegality so as to terminate the proceedings and sought for remitting the matter to the Trial Magistrate from the date of taking cognizance and proceed with the case in accordance with law.
13. Having heard the arguments on both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that the learned Magistrate after receipt of the chargesheet has straight away issued summons to accused Nos.1 to 3 in C.C.No.211/2021 without taking cognizance.
14. Therefore, continuation of the criminal
proceedings in C.C.No.211/2021 is incorrect. However, it is only an irregularity and needs to be corrected by remitting the matter to the Trial Court for fresh disposal from the date of taking cognizance. -9-
15. Since the accused have appeared before the
Court and accused No.1 is no more, petitioners are at liberty to place all such material including the question of the role played by each of the accused and seek appropriate orders at the time of framing the charge. With that liberty, the following:
ORDER
(a) The Criminal Petition is allowed.
(b) The order dated 04.08.2021 passed by the Civil Judge and JMFC, Yadgiri is hereby set aside.
(c) The matter is remitted to the Trial Magistrate for adjudicating afresh in accordance with law including taking of cognizance and pass appropriate orders. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 32 CT:PK