Dismissed¶60

Venkanna S/O Yamanappa Vasanad v. the State of Karnataka

Karnataka HC11 Sept 2025CRL.P/100259/2024

Case brief

AI extract

What is this about?

Quashing petition, Section 482 CrPC, charge sheet, C.C.No.121/2023, Crime No.0067/2019 Navanagar P.S., Bagalkot; IPC Sections 143, 147, 175, 176, 420 r/w 149 (unlawful assembly); Karnataka Education Act 1983 Sections 118 and 120; examination malpractice, Anjuman High School Navanagar, 48 students; school teachers as accused Nos. 2 to 4; discharge application; State of Orissa vs. Debendra Nath Padhi (2005) 1 SCC 568; petition dismissed by Justice V. Srishananda, High Court of Karnataka, Dharwad.

What did the court decide?

Applying the principles of law, the grounds raised in the petition are hardly sufficient to quash the charge sheet. ¶49

Venkanna S/O Yamanappa Vasanad Vs the State of… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the entire proceedings in C.C.No.121/2023 (Crime No.0067/2019, Navanagar P.S.) against the petitioners (accused Nos. 2 to 4) for offences under Sections 143, 147, 175, 176, 420 r/w 149 IPC and Sections 118 and 120 of the Education Act should be quashed under Section 482 of the Code of Criminal Procedure, 1973.

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Court's answer

Applying the principles of law, the grounds raised in the petition are hardly sufficient to quash the charge sheet.

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Ratio / Principle

If the petitioners are able to point out from the charge sheet materials that they are not guilty of the offences alleged, following the principles of law enunciated by the Hon'ble Apex Court in State of Orissa vs. Debendra Nath Padhi (2005)1 SCC 568, they may approach the Trial Court with an application seeking discharge; if filed, the learned Trial Judge shall dispose of it in accordance with law, uninfluenced by the fact that this petition is dismissed.

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Detailed headnote1 paragraphs

Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 by three school teachers (accused Nos. 2 to 4) seeking quashing of the entire proceedings in C.C.No.121/2023 (Crime No.0067/2019, Navanagar P.S.) pending before the Principal Senior Civil Judge and CJM, Bagalkot, for offences under Sections 143, 147, 175, 176, 420 r/w 149 IPC and Sections 118 and 120 of the Karnataka Education Act, 1983. The case arose from a complaint by the Block Education Officer alleging that the petitioners, deputed for examination duty at Anjuman High School, Navanagar where 48 students were taking the examination, indulged in malpractice in pursuance of a criminal conspiracy; the charge sheet invoked Section 149 IPC treating them as part of an unlawful assembly. Held: (i) charge sheet materials prima facie depicted that the petitioners, responsible for proper conduct of the examination, failed in their duty; (ii) the grounds raised in the petition were hardly sufficient to quash the charge sheet. Petition dismissed. The petitioners were left at liberty to approach the Trial Court with a discharge application following the principles in State of Orissa vs. Debendra Nath Padhi (2005) 1 SCC 568, to be disposed of in accordance with law uninfluenced by this dismissal.

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NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION NO.100259 OF 2024

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BETWEEN:

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VENKANNA S/O YAMANAPPA VASANAD AGE : 62 YEARS, OCC. RETIRED HEAD MASTER NOOTAN VIDYALAY, KHAJJIDONI R/O KHAJJIDONI-587204 TQ: BAGALKOT DIST: BAGALKOTE

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MAHANTESH

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S/O BASAPPA BALAREDDY AGE 59 YEARS, OCC: HEAD MASTER GOVT. HIGH SCHOOL, BEVINAMATTI R/O CHITTARAGI-587112 TQ: HUNAGUND, DIST. BAGALKOTE

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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BABAMOULANA

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S/O HUSENSAB NADAF AGE: 58 YEARS, OCC: HEAD MASTER GOVT. HIGH SCHOOL, KERAKALAMATTI R/O VIJAYAPUR NEAR HIBRAHIM ROJA TQ. VIJAYAPUR DIST: VIJAYAPUR NOW R/O H.NO.22, POLICE NO.31, 12^TH CROSS, VIDYAGIRI BAGALKOT-587102 TQ.DIST. BAGALKOTE

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…PETITIONERS

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(BY SRI PRASHANT S. KADADEVAR, ADVOCATE)

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NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024

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HC-KAR

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT DHARWAD BENCH DHARWAD (CIRCLE POLICE INSPECTOR) NAVANAGAR CIRCLE, BAGALKOTE)

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DODDABASAPPA S/O BHIMAPPA NEERALKERI AGE: 58 YEARS, OCCN: BLOCK EDUCATION OFFICER BAGALKOTE-587101 DIST. BAGALKOTE

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…RESPONDENTS

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(BY SRI PRAVEENA YALLAREDDI, HCGP FOR R1; R2 -SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.121/2023 (CRIME NO.0067/2019 NAVANAGAR P.S.) PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BAGALKOTE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 175, 176, 420 R/W SECTION 149 OF IPC AND SECTIONS 118 AND 120 OF THE EDUCATION ACT IN SO FAR AS THE PETITIONERSACCUSED NOS.2 TO 4.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA

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NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Sri Prashant S Kadadevar, learned counsel for the petitioners and Sri Praveen Devareddiyavar, learned High Court Government Pleader.

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Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, with the following prayer:

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“WHEREFORE, the petitioners most humbly pray that this Hon’ble Court may kindly be pleased to quash the entire proceedings in C.C.No.121/2023 (Crime No.0067/ 2019) Navanagar Police Station, pending on the file of the Principal Senior Civil Judge and CJM, Bagalkot, for the offences punishable under Sec. 143, 147, 175, 176, 420 r/w Sec. 149 of IPC and Section 118 and 120 of the Education Act insofar as the petitioners herein i.e., accused no.2 to 4, in the interest of justice.”

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Facts of the case in brief which are utmost necessary for disposal of the present petition are as under:

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A complaint came to be lodged by the Government official-

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Doddabasappa Neeralkere, S/o Bhimappa, with Navanagara Police Station, Bagalkote District, which was registered in Crime

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4 - NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024

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HC-KAR

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No.67/2009 under the provisions of Sections 118 and 120 of the Karnataka Education Act,1983 and Section 420 of the Indian Penal Code.

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Gist of the complaint averments would reveal that the present petitioners being the school teachers, along with other officials were deputed for examination duty in Anjuman High School, Navanagar. At that juncture, 48 students were taking up the examination and petitioners/accused persons in pursuance of the criminal conspiracy, indulged in malpractice.

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After registration of the crime, Investigation Officer conducted detailed investigation and filed charge sheet against the petitioners under Sections 143, 147, 175, 176, 420 r/w 149 of the Indian Penal Code and Sections 118 and 120 of the Karnataka Education Act, 1983. Column 17 of the charge sheet would reveal the involvement of present petitioners also based on statement obtained from witnesses.

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Prima facie materials are collected so as to proceed with the case insofar as present petitioners also.

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NC: 2025:KHC-D:11885 CRL.P No. 100259 of 2024

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HC-KAR

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Charge sheet materials also prama facie depict that petitioners being the persons who are responsible for proper conduct of the examination have failed in their duty. Therefore, investigation agency has invoked Section 149 of the Indian Penal Code, whereby, petitioners were also treated as part of the unlawful assembly in achieving unlawful object.

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Taking note of these aspects of the matter, applying the principles of law, this Court is of the considered opinion that the grounds raised in the petition are hardly sufficient to quash the charge sheet.

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However, if the petitioners are able to point out that they are not guilty of the offences alleged against them from the charge sheet materials following the principles of law enunciated by the Hon’ble Apex Court in the case of State of Orissa vs.

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Debendra Nath Padhi reported in (2005)1 SCC 568, petitioners may approach the Trial Court with application seeking discharge.

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