Shenkarappa S/O Karibasappa Bhagavati Vs the State of Karnataka

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NC: 2025:KHC-D:10003 CRL.P No. 100397 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100397 OF 2020

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(482(Cr.PC)/528(BNSS)-)

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BETWEEN:

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SHENKARAPPA S/O KARIBASAPPA BHAGAVATI, AGE. 58 YEARS, OCC. AGRICULTURE, R/O: CHOUDAPUR,TQ. BAGALKOT, DIST. BAGALKOT, PIN- 587115.

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BASAPPA S/O SHIVAPPA BHAGAVATI, AGE. 46 YEARS, OCCUPATION. AGRICULTURE, R/O: CHOUDAPUR,TQ BAGALKOT, DIST: BAGALKOT, PIN- 587115.

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MUTTAPPA S/O. HANMAPPA BHAGAVATI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O: CHOUDAPUR, TQ: BAGALKOT, DIST: BAGALKOT, PIN- 587115.

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RAKESH Location: HIGH S COURT OF HARIHAR KARNATAKA

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VITTAL S/O HANAMAPPA BHAGAVATI, AGE. 24 YEARS, OCC. AGRICULTURE, R/O CHOUDAPUR, TQ. BAGALKOT, DIST BAGALKOT, 587115

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PRASHANT S/O KARIBASAPPA BHAGAVATI, AGE. 55 YEARS, OCC. AGRICULTURE, R/O CHOUDAPUR, TQ. BAGALKOT, DIST BAGALKOT, PIN- 587115.

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SANTOSH S/O SHENKRAPPA BHAGAVATI, AGE. 25 YEARS, OCC. AGRICULTURE, R/O CHOUDAPUR, TQ. BAGALKOT, DIST BAGALKOT, PIN- 587115.

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HC-KAR

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SHARANAPPA S/O YALLAPPA KADLIMATTI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O CHOUDAPUR, TQ. BAGALKOT, DIST BAGALKOT, PIN- 587115.

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NEEJAPPA S/O REVANEPPA BHAGAVATI, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. CHOUDAPUR, TQ. BAGALKOT, DIST. BAGALKOT, PIN- 587115.

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…PETITIONERS

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(BY SRI. RAKESH S HATTIKATAGI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY BAGALKOT RURAL POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH- 580011.

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MUTTAPPA S/O CHANDRAPPA MADAR, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: CHOUDAPUR, TQ: BAGALKOT, DIST: BAGALKOT, PIN- 587115.

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1, NOTICE TO R2 IS SERVED AND REMAIN UNREPRESENTED)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPECIAL CASE NO. 102/2018 PENDING BEFORE LEARNED II ADDL. DIST. AND SESSIONS COURT, BAGALKOT FOR THE OFFENCES U/SEC. 143, 147, 504, 506 R/W. 149 OF IPC AND SEC. 3(1)(s) OF SC, ST (P.O.A) ACT, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:10003 CRL.P No. 100397 of 2020

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused in Special Case No.102 of 2018

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pending before the Court of II Additional District and Sessions Judge, Bagalkot for offences punishable under Sections 143, 147, 504 and 506 read with Section 149 of the Indian Penal Code and Section 3(i)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are before this Court under Section 482 of the Cr.P.C. with a prayer to quash the entire proceedings for the aforesaid offences against the accused.

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FIR in Crime No.190 of 2017 was registered by Bagalkot Rural Police Station, Bagalkot for offences punishable under Sections 143, 147, 504 and 506 read with Section 149 of Indian Penal Code and Section 3(i)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioners herein based on the first information dated 17.07.2017 received from respondent No.2. The police after

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4 - NC: 2025:KHC-D:10003 CRL.P No. 100397 of 2020

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HC-KAR

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completing investigation had filed a B Final Report in the said case. It appears that the first informant had contested the said B Final Report submitted by the Investigation Officer and the learned Special Court, by order dated 25.10.2018, had taken cognizance of the alleged offences and had directed the Registry to register a Special case against the petitioners and accordingly issued summons to them. Being aggrieved by the same, the petitioners are before this Court.

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Learned counsel for the petitioners submits that

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the first informant in his further statement that was recorded on 18.07.2017 has stated that no such incident as alleged in the first information dated 17.07.2017 had taken place and it is under these circumstances the final B report was filed by the Investigation Officer. He submits that the learned Sessions Judge, without complying the procedure as laid down by this Court in Criminal Petition No.536 of 2017, disposed off on 27.11.2017, has taken

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NC: 2025:KHC-D:10003 CRL.P No. 100397 of 2020

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HC-KAR

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cognizance of the alleged offences, which is bad in law. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the

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petition.

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Respondent No.2, though served in the matter,

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has remained unrepresented before this Court.

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FIR in Crime No.190 of 2017 was registered by Bagalkot Rural Rural Police Station, Bagalkot for the aforesaid offences against the petitioners herein based on the first information dated 17.07.2017 received from respondent No.2. In the first information, he has averred that on 17.07.2017, the accused persons had abused him, referring to his caste and also had criminally intimidated him. On the next day i.e. on 18.07.2017, his further statement was recorded by the Investigation Officer and in the said further statement, respondent No.2 has stated that in view of the ill-will which he had against the accused, he had submitted a false case against them and

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HC-KAR

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no such incident as alleged in the first information dated 17.07.2017 had taken place. It is under these circumstances, the Investigation Officer has filed a B Final Report in the present case. It appears that subsequently the first informant had contested the said B Final Report submitted by the Investigation Officer and therefore the learned Sessions Judge had proceeded to record his sworn statement and thereafter has taken cognizance of the alleged offences and has issued summons to the accused.

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The Coordinate Bench of this Court in Criminal Petition No.536 of 2017 in the case of Dr.Rajkumar Vs.Mrs.K.M.C.Vasantha has held that in a case where B Final Report is filed without passing any orders on the said report, the Court cannot proceed to record the sworn statement of the first informant. In the present case, the procedure laid down by this Court in the case of Dr. Ravikumar has not been followed by the learned Special Judge and therefore the order of taking cognizance of the alleged offences is bad in law. Even otherwise the first

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HC-KAR

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informant in his further statement, which was recorded by

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the Investigation Officer, had clearly stated that no such incident had taken place on 17.07.2017, as alleged in the first information, which had resulted in registration of FIR in Crime No.190 of 2017. Under the circumstances, I am of the opinion that criminal proceedings initiated against the petitioners, is a clear case of abuse of process of law and if the same is allowed to continue, it will cause untold hardship and embarrassment to the accused persons. Under these circumstances, the following:

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ORDER

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i. Criminal Petition is allowed.

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ii. The entire proceedings in Special Case No.102 of 2018 pending before the Court of II Additional District and Sessions Judge, Bagalkot in Crime No.190/2017 registered by Bagalkot Rural Police Station, Bagalkot for offences punishable under Sections 143, 147, 504 and 506 read with Section 149 of

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HC-KAR

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the Indian Penal Code and Section 3(i)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is quashed.

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iii. In view of disposal of the petition, I.A.No.1/2025 will not survive for consideration.

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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KGK/CT-GTB List No.: 1 Sl No.: 5

Shenkarappa S/O Karibasappa Bhagavati v. the State of Karnataka

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Shenkarappa S/O Karibasappa Bhagavati v. the State of Karnataka

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