Sri. N. Channabasavana Gouda S/O Doddanagowda Vs the State of Karnataka

THE STATE OF KARNATAKA, REPRESENTED BY SUB-INSPECTOR OF POLICE, SIRIGERI POLICE STATION, BY ADDL. S.P.P, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001.

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

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BASAPPA K. S/O. GUNDAPPA, AGED ABOUT 44 YEARS, OCC: AGRICULTURE, R/O. ULURU VILLAGE, TALUK. SIRUGUPPA, DISTRICT. BALLARI-583123.

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(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R1; SRI. RAVI HEGDE, ADV. FOR R2)

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…RESPONDENTS

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THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C., SEEKING TO CALL FOR RECORDS IN S.C. NO.67/2022 PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE BALLARI IN CRIME NO. 40/2022 REGISTERED BY THE SIRIGERI P.S. FOR OFFENCES PUNISHABLE U/S.307, 120B R/W. SECTION 34 OF IPC AND QUASH THE ENTIRE PROCEEDINGS IN S.C. NO.67/2022 PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE BALLARI IN CRIME NO.40/2022 REGISTERED BY THE SIRIGERI P.S. FOR OFFENCES PUNISHABLE U/S.307, 120B R/W. SECTION 34 OF IPC ONLY IN SO FAR AS PETITIONER I.E., ACCUSED NO.5 IS CONCERNED AND ETC.

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

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NC: 2025:KHC-D:8388 CRL.P No. 101047 of 2023

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure Code, 1973, to quash the proceedings in Sessions Case No.67 of 2022 pending on the file of the II Additional District and Sessions Judge, Ballari, in Crime No.40 of 2022, registered by Sirigeri Police Station for the offences punishable under Sections 307 and 120B read with Section 34 of the Indian Penal Code, 1860.

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The brief facts of the prosecution case are that on 21.03.2022 at 12.20 p.m., when the complainant (CW1) was returning to his village, near Sri Gundalappa temple, accused Nos.4 to 6 conspied and accordingly, accused Nos.1 to 3 obstructed CW1 when he was proceeding in his motorcycle and poured chilli powder on his face in order to commit murder. Hence, he lodged the complaint. Based on the complaint, the Station House Officer of Sirigeri Police Station registered a case for the aforesaid offences.

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Taking exception to the same, the petitioner has filed this petition.

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3 - NC: 2025:KHC-D:8388 CRL.P No. 101047 of 2023

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HC-KAR

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1State.

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Learned counsel for the petitioner has contended that the alleged incident took place in the year 2022 and there was no meeting of minds so as to implicate the petitioner in the present case and no offence is committed by the accused persons. Further, there is no material placed on record to attract the alleged offences. The charge-sheet material does not disclose the commission of the alleged offences. Cognizance taken by the jurisdictional Court is without any substance. Hence, he prays to allow the petition.

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Learned High Court Government Pleader for respondent No.1-State has contended that the charge-sheet material clearly discloses the commission of aforesaid offences and veracity of the allegation against the petitioner can be considered only after a full-fledged trial. Moreover, the petition has been filed at the stage when the Court took cognizance and issued process. The trial Court has framed charges against the petitioner and now, the matter is set-down for trial. Once

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NC: 2025:KHC-D:8388 CRL.P No. 101047 of 2023

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HC-KAR

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charge is framed, the petition under Section 482 of the Code of Criminal Procedure, 1973, is not maintainable. Hence, he prays for rejection of the petition.

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Perused the material available on record. The alleged offence took place on 21.03.2022 and the complaint was lodged on the same day. As per the contents of the charge-sheet, accused Nos.4 to 6 made criminal conspiracy to commit murder of the complainant and accused Nos.1 to 3 wrongfully restrained the complainant and poured chilli powder on his face. On intervention of CW12, the accused escaped from the scene of offence.

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As per the order-sheet maintained by the trial Court, in Sessions Case No.67 of 2022, the trial Court has framed charges against all the accused persons and the matter is set down for trial. This aspect is not disputed by the learned counsel for the petitioner. Therefore, framing of charges signifies that the Court, after perusing the charge-sheet material, believes that there is sufficient reason to proceed with trial.

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5 - NC: 2025:KHC-D:8388 CRL.P No. 101047 of 2023

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HC-KAR

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The Hon'ble Apex Court in several judgments held that once charges are framed and if the matter is set down for trial, the High Courts must slow in quashing the criminal proceedings filed under Section 482 of the Code of Criminal Procedure, 1973. Further, the Hon'ble Apex Court has held that the High Courts must generally be reluctant to interfere with the trial process after charges have been framed, unless there are exceptional circumstances.

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In this case, the petitioner is disputing the question of fact. This Court cannot delve into disputed question of facts, while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. Moreover, the petitioner has not shown any exceptional circumstances so as to quash the proceedings. Hence, there is no merit in this petition. Accordingly, the petition is dismissed .

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Sd/(VENKATESH NAIK T) JUDGE

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KVK List No.: 1 Sl No.: 14

Sri. N. Channabasavana Gouda S/O Doddanagowda v. the State of Karnataka

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Sri. N. Channabasavana Gouda S/O Doddanagowda v. the State of Karnataka

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