Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12026 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 12305 OF 2023 (482(Cr.PC) / 528(BNSS)) CRIMINAL PETITION NO. 12449 OF 2023 (482(Cr.PC) / 528(BNSS)) IN CRL.P No. 12026/2023 BETWEEN:
1. PARAMESHA, S/O SHIVAMURTHY, AGED ABOUT 60 YEARS
Digitally signed OCC: FARMER by LAKSHMI T R/O ANNAYAKANAHALLY VILLAGE, Location: High KASABA HOBLI, ARASIKERE TALUK, Court of HASSAN - 573 103.Karnataka
2. MALLIKARJUNA, S/O REVANNA SIDDAPPA, AGED ABOUT 45 YEARS
3. THIMMANNA S/O CHANNAPPA AGED ABOUT 45 YEARS -2-
4. SHIVA MURTHY S/O SIDDAPPA AGED ABOUT 63 YEARS
5. DINESHA S/O SHIVAMURTHY AGED ABOUT 33 YEARS
6. MALLIKARJUNA S/O MADANNA AGED ABOUT 30 YEARS,
7. HALU SWAMY S/O CHANDRASHEKARAIAH AGED ABOUT 37 YEARS,
8. RAJASHEKHAR S/O SADASHIVAIAH AGED ABOUT 50 YEARS -3-
9. BABU S/O PANCHAKSHARAIAH AGED ABOUT 35 YEARS
10. NAVEEN S/O GURURAJ AGED ABOUT 45 YEARS
11. UMESH S/O SIDDAPPA AGED ABOUT 40 YEARS
12. CHETHAN S/O KUMARA, AGED ABOUT 35 YEARS,
13. KUMARA @ RAVIKUMAR S/O SHIVABOVI AGED ABOUT 40 YEARS -4-
14. SIDDESH, S/O CHANNABASAPPA AGED ABOUT 40 YEARS
15. RAVEESHA, S/O ERANNAIAH, AGED ABOUT 55 YEARS,
16. SRIKANTAPPA, S/O ERANNAIAH, AGED ABOUT 51 YEARS
17. ANANTHA S/O MALLEGOWDA, AGED ABOUT 55 YEARS …PETITIONERS (BY SRI. UMESH P.B, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY -5-
ARASIKERE RURAL POLICE STATION ARASIKERE RURAL CIRCLE, HASSAN DISTRICT - 573 103. (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE - 560 001)
2. RAVIPRASHANTH K.S,
S/O SATHYAMURTHY AGED ABOUT 46 YEARS, (OCCUPATION OF THE RESPONDENT NO.2 IS NOT KNOWN THE PETITIONERS) R/O KHB COLONY, LAXMIPURA, ARASIKERE, HASSAN DISTRICT - 573 103. …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R1; SRI. R.D. PANCHAM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SPL.C.NO.512/2018, PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN (CHARGE SHEETED FOR THE OFFENCE P/U/S 427, 506, 447, 143 R/W 149 OF IPC AND SEC. 3(1)(r)(s), 3(2)(v-a) OF SC AND ST (POA) AMENDMENT BILL 2015). IN CRL.P NO. 12305/2023 BETWEEN:
1. MALLIKARJUNA S/O RENUKAPPA, AGED ABOUT 53 YEARS,
2. SHIVAMURTHY S/O SIDDAPPA AGED ABOUT 51 YEARS, -6-
3. DINESHA S/O SHIVAMURTHY, AGED ABOUT 36 YEARS,
4. THIMMANNA @ THIMMARAJU S/O CHANNAPPA, AGED ABOUT 51 YEARS, OCC: COLLIE,
5. MALLIKARJUNA, S/O MADANNA, AGED ABOUT 56 YEARS, ...PETITIONERS (BY SRI. UMESH P.B, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
BY ARASIKERE RURAL POLICE STATION, ARASIKERE RURAL CIRCLE, HASSAN DISTRICT - 573 103. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 01) -7-
2. RAVIPRASHANTH K.S.
S/O LATE SATHYAMURTHY, AGED ABOUT 38 YEARS, (OCCUPATION OF THE RESPONDENT NO.2, IS NOT KNOWN THE PETITIONERS) R/O ADHISHAKTHI NILAYA, KHB COLONY, LAXMIPURA, ARASIKERE TOWN,ARASIKERE, HASSAN DISTRICT - 573 103. ...RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R1; SRI. R.D. PANCHAM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SPL.C.NO.174/2017 PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE HASSAN (CHARGE SHEETED FOR THE OFFENCE P/U/S.143, 447, 427, 504, 506 R/W SEC.149 OF IPC AND SEC.3(1)(s) AND 3(2)(va) OF SC/ST (POA) AMENDMENT ACT 2015. IN CRL.P NO. 12449/2023 BETWEEN:
1. PARMESHA, S/O SHIVAMURTHY, AGED ABOUT 60 YEARS, (IN CHARGE SHEET AGE IS MENTIONED AS 24 YEARS)
2. MALLIKARJUNA S/O REVANNA SIDDAPPA AGED ABOUT 56 YEARS -8-
3. THIMMANNA @ THIMMARAJU S/O CHANNAPPA AGED ABOUT 51 YEARS
4. SHIVAMURTHY S/O SIDDAPPA AGED ABOUT 46 YEARS
5. DINESHA S/O SHIVAMURTHY AGED ABOUT 41 YEARS
6. MALLIKARJUNA S/O MADANNA AGED ABOUT 51 YEARS
7. HALASWAMY S/O LATE CHANDRASHEKARAIAH AGED ABOUT 46 YEARS -9-
8. RAJASHEKHAR S/O LATE SADASHIVAIAH AGED ABOUT 44 YEARS
9. BABU S/O PANCHAKSHARAIAH AGED ABOUT 36 YEARS
10. NAVEEN S/O GURURAJ AGED ABOUT 31 YEARS
11. UMESHA S/O SIDDAPPA AGED ABOUT 36 YEARS
12. CHETHAN S/O KUMARA AGED ABOUT 31 YEARS
13. KUMARA, - 10 - S/O SHIVA BOVI, AGED ABOUT 28 YEARS,
14. SIDDESH S/O CHANNABASAVAIAH AGED ABOUT 34 YEARS
15. RAVISHA S/O HIRANNAIAH AGED ABOUT 34 YEARS
16. SRIKANTAPPA S/O HOSALAPPA AGED ABOUT 41 YEARS
17. ANANTHA S/O MULLEGOWDA AGED ABOUT 36 YEARS ...PETITIONERS (BY SRI. UMESH P.B, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) - 11 - AND:
1. THE STATE OF KARNATAKA BY ARASIKERE RURAL POLICE STATION ARASIKERE RURAL CIRCLE, HASSAN DISTRICT - 573 103 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 01)
2. JAYAPRAKASH
S/O LATE K.S. SATHYAMURTHY AGED ABOUT 40 YEARS OCC: ENGINEER R/O ADHISHAKTHI NILAYA HOUSING BOARD COLONY LAXMIPURA, ARASIKERE TOWN, ARASIKERE, HASSAN DISTRICT - 573 103. ...RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R1; SRI. R.D. PANCHAM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SPL.C.NO.214/2017 PENDING ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN (CHARGE SHEETED FOR THE OFFENCE P/U/S 147, 143, 447, 504, 323, 506, 324 R/W 149 OF IPC AND SEC. 3(2)(va) OF SC/ST (POA) AMENDMENT ACT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 12 - CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Learned counsel appearing for the petitioners seeks permission of the Court to withdraw the petitions with liberty to take all contentions before the Trial Court at appropriate stage.
2. Petitions are accordingly, dismissed as withdrawn.
3. Petitioners are at liberty to take all the contentions before the Trial Court at appropriate stage.
4. Pending IAs are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 30 CT: BHK