Shri Vinod S/O Somappa Patil Alias Lamani Vs the State of Karnataka

KRISHNA GURUNATH LAMANI, AGE. 16 YEARS, OCC. STUDENT, SINCE PETITIONER NO.5 IS MINOR R/BY MINOR GUARDIAN NATURAL MOTHER, PETITIONER NO.4 I.E., SMT. SAKKUBAI W.O GURUNATH LAMANI.

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SMT. SONAVVA W/O BHIMAPPA LAMANI, AGE. 30 YEARS, OCC. AGRICULTUREM

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HC-KAR

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SMT. SUSHILAVVA W/O KRISHNAPPA LAMANI, AGE. 54 YEARS, OCC. AGRICULTURE,

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NINGAPPA KRISHNAPPA LAMANI, AGE. 33 YEARS, OCC. AGRICULTURE,

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SHEKHAPPA @ SHEKRAPPA KALAPPA LAMANI, AGE. 62 YEARS, OCC. AGRICULTURE,

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SMT. SONAVVA W/O SHEKHAPPA LAMANI, AGE. 42 YEARS, OCC. AGRICULTURE,

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BASAVARAJ SHEKHAPPA LAMANI, AGE. 31 YEARS, OCC. AGRICULTURE,

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SUNIL SHEKHAPPA LAMANI, AGE. 20 YEARS, OCC. AGRICULTURE,

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SMT. RUPA W/O BASAVRAJ LAMANI, AGE. 24 YEARS, OCC. AGRICULTURE,

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SANTHOSH SHEKHAPPA LAMANI, AGE. 37 YEARS, OCC. AGRICULTURE,

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ANJALI @ SHANTA GURUNATHA LAMANI, AGE. 15 YEARS, OCC. STUDENT, SINCE PETITIONER NO.15 IS MINOR R/BY MINOR GUARDIAN NATURAL MOTHER PETITIONER NO.4 I.E., SMT. SAKKUBAI W/O GURUNATH LAMANI.

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KAVITA D/O SHEKHAPPA LAMANI, AGE. 21 YEARS, OCC. AGRICULTURE,

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EGAPPA YANKAPPA LAMANI, AGE. 42 YEARS, OCC. AGRICULTURE,

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SMT. CHANDAVVA @ CHANDRAVVA W/O EGAPPA LAMANI, AGE. 40 YEARS, OCC. AGRICULTURE,

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HC-KAR

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ALL ARE R/O. CHANNAPURA DLT, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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& PETITIONERS

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, (RAMDURG P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011.

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VINOD SOMAPPA PATIL, AGE. 29 YEARS, OCC. ADVOCATE, R/O. CHANNAPUR DLT, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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& RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. H.R. LATUR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASHED THE COMPLAINT DATED 24.03.2025 AND F.I.R. DATED 24.03.2025 BY RAMDURG POLICE STATION, IN CRIME NO.36/2025 DATED 24.03.2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2), 190 OF BNS, 2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, RAMDURG, BELAGAVI DISTRICT, RAMDURG BELAGAVI, INSOFAR AS THESE PETITIONERS NO.1 TO 18 (ACCUSED NO.1 AND 4 TO 20), TO MEET THE ENDS OF JUSTICE.

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IN CRL.P. 101858 OF 2025: BETWEEN:

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SHRI VINOD S/O SOMAPPA PATIL @ LAMANI, AGE. 30 YEARS, OCC. ADVOCATE, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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HC-KAR

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SHRI VASU S/O SOMAPPA LAMANI @ PUJERI, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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SHRI SOMAPPA S/O TUKKAPPA LAMANI, AGE. 88 YEARS, OCC. AGRICULTURE, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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SMT. KAVERI W/O IRAPPA PUJERI, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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SHRI IRAPPA S/O SOMAPPA PUJERI, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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SMT. PARWATI W/O VASAPPA PUJERI, AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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KUM. SURYADEV S/O VASAPPA PUJARI, AGE. 14 YEARS, OCC. STUDENT, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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(SINCE MINOR R/BY FATHER MINOR GUARDIAN/NEXT FRIEND SHRI VASU LAMANI @ PUJARI PETITIONER NO.2).

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KUM. SHAILA D/O IRAPPA PUJARI, AGE. 16 YEARS, OCC. STUDENT, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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HC-KAR

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(SINCE MINOR R/BY FATHER MINOR GUARDIAN/NEXT FRIEND SHRI IRAPPA PUJARI PETITIONER NO.5.)

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& PETITIONERS

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(BY SRI. ROHIT N. LATUR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED THROUGH THE PSI, RAMDURG POLICE STATION, BELAGAVI-591 123, (R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD).

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SHRI KRISHNAPPA S/O KALAPPA LAMANI, AGE. 59 YEARS, OCC. FARMER, R/O. CHANNAPUR DLT VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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& RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. HARISH S. MAIGUR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONERS BY THE RAMDURG PS BASED ON THE ALLEGED COMPLAINT LODGED BY THE R.NO.2 IN RELATION TO RAMDURG PS CR. NO.37/2025 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 126(2), 351(2), 352, 190, BNS, 2023 AS AGAINST THEM WHO ARE ARRAYED AS ACCUSED NO.1 TO 8 PENDING ON THE FILE BEFORE THE LEARNED SR. CIVIL JUDGE AND JMFC, SAUNDATTI, IN THE INTEREST OF JUSTICE.

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IN CRL. P. NO.102547 OF 2025:

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BETWEEN:

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VITTAL KRISHNAPPA LAMANI, AGE. 28 YEARS, OCC. AGRICULTURE,

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HC-KAR

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TOPANNA KRISHNAPPA LAMANI, AGE. 29 YEARS, OCC. AGRICULTURE,

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BOTH ARE R/O CHANNAPUR DLT, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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& PETITIONERS

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(BY SRI. HARISH S. MAIGUR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, (RAMDURG P.S.), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580 011.

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VINOD SOMAPPA PATIL, AGE. 29 YEARS, OCC. ADVOCATE, R/O. CHANNAPUR DLT, TQ. RAMDURG, DIST. BELAGAVI-591 123.

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& RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. H.R. LATUR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE COMPLAINT DATED 24/03/2025 AND F.I.R. DATED 24/03/2025 BY RAMDURG POLICE STATION, IN CRIME NO.36/2025 DATED 24/03/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2), 190 OF BNS, 2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, RAMDURG, BELAGAVI DISTRICT, RAMDURG, BELAGAVI, INSOFAR AS THESE PETITIONERS NO.1 AND 2 (ACCUSED NO.2 AND 3), TO MEET THE ENDS OF JUSTICE.

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THESE PETITIONS ARE COMING ON FOR FINAL HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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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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These three petitions arise out of an incident that

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had taken place on 23.03.2025 within the jurisdiction of Ramdurga Police Station, Belagavi district in respect of which, a case and counter case in Crime No.36 of 2025 and Crime No.37 of 2025 was registered by Ramdurga Police Station, Belagavi. Therefore, the above captioned three

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petitions are heard together and disposed off by this common order with the consent of the learned counsels appearing on both sides.

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Heard learned counsel for the parties.

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Perusal of the material on record would go to

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show that in respect of the alleged incident that had taken place on 23.03.2025, FIR in Crime No.36 of 2025 was registered by Ramdurga Police Station, Belagavi District, for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2) & 190 of BNS 2023 against Krishnappa Kalappa Lamani and

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HC-KAR

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19 others based on the first information dated 24.03.2024 submitted by Vinoda Somappa Patil. Accused in Crime No.36 of 2025 are before this Court in Criminal Petition No.102050 of 2025 and Criminal Petition No.102547 of 2025 with a prayer to quash the entire proceedings in Crime No.36 of 2025 registered by Ramdurga Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 109, 126(2), 333, 74, 352, 351(2) & 190 of BNS 2023.

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In respect of the very same incident that had taken place on 23.03.2025, FIR in Crime No.37 of 2025 was registered by Ramdurga Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 126(2), 351(2), 352 & 190 of BNS 2023 based on the first information dated 25.03.2025 received from Krishnappa Kalappa Lamani against Vinod Somappa Patil and others.

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Petitioners in Criminal Petition No.101858 of 2025 are accused in Crime No.37/2025 who are before this

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HC-KAR

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Court with the prayer to quash the entire proceedings in Crime No. 37 of 2025 registered by Ramdurga Police Station, Belagavi for offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 118(2), 126(2), 351(2), 352 & 190 of BNS 2023.

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Perusal of the material on record would go to show that in the incident in question that had taken place on 23.03.2025, members of both the parties had fought against each other and both the parties have suffered injuries, which is supported by medical document. Since there is a case and a counter case in respect of the alleged incident that had taken place on 23.03.2021, the incident in question is not in dispute in which members of both the parties have suffered injuries.

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A case and counter case are criminal cases originating from a single incident that had taken place in any particular area at a specified time or at the same time. Though the Code of Criminal Procedure or any other statute does not provide as to how the case and counter cases have

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HC-KAR

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to be investigated or tried, the courts in order to prevent conflicting decisions with regard to one incident, have laid down the principles as to how investigation has to be done in a case and counter case and how the case and counter case are required to be tried.

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The Hon'ble Supreme Court in the case of NATHI LAL & OTHERS VS STATE OF U.P. reported in (1990) Supp. SCC 145 , has laid down certain procedures to be followed by the courts in a case and counter case. The said judgment was followed in the subsequent judgment in the case of STATE OF M.P. VS MISHRILAL reported in (2003)9 SCC 426 , and the Hon'ble Supreme Court has held that the case and counter case should be tried together by the same court irrespective of the nature of offence involved. The rational behind this is to avoid conflicting judgment over the same incident because if cross cases are allowed to be tried by two courts separately, there is likelihood of conflicting judgments.

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HC-KAR

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This Court in the case of ABDUL MAJID SAB VS

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STATE OF KARNATAKA reported in ILR 2010 KAR 1719 , has held that the same Investigating Officer should investigate both the case viz., case and counter case and shall file the final report and the case and counter case should be conducted by separate prosecutors.

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So far as the power under Section 482 Cr.PC to quash the proceedings, in a case and counter case is concerned, having regard to the fact that the incident in question is not in dispute, in normal circumstances, the High Court should not venture to quash the proceedings when it is found that there is a case and counter case in respect of the same incident between the same parties. However, if the averments made in the complaints prima facie show that necessary ingredients for the alleged offences is absent and proceedings is initiated only as a counter blast to the complaint lodged by the other party, in such event, the inherent power under Section 482 Cr.PC can be exercised by this Court.

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HC-KAR

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In the case on hand, perusal of the averments

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made in the complaints would go to show that there are sufficient materials to prosecute the accused for the alleged offences. Under the circumstances, there cannot be any interference as against the impugned proceedings. Therefore, I do not find any good ground to entertain these petitions. Accordingly, the following order is passed:

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Criminal Petitions are dismissed .

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Sd/(S.VISHWAJITH SHETTY) JUDGE

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KGK CT:BCK LIST NO.: 1 SL NO.: 33

Shri Vinod S/O Somappa Patil Alias Lamani v. the State of Karnataka

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Shri Vinod S/O Somappa Patil Alias Lamani v. the State of Karnataka

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