Sri. Ishwar S/O. Basavaraj Yalasang Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Sri. Ishwar S/O. Basavaraj Yalasang Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed in terms of the settlement; entire proceedings in Special Case No.53/2025 (IV Addl. District and Sessions Judge, Bagalkote) quashed; petitioners acquitted; bail bonds executed against them cancelled; Trial Court directed to release petitioner's deposited amount to the complainant on proper identification; pending I.As disposed of.

Issue for consideration

Whether the criminal proceedings in Spl.C.No.53/2025 pending against the petitioners (accused Nos. 4 to 7) should be quashed in view of the amicable settlement reached between the petitioners and respondent No.2/complainant.

Court's answer

Considering the averments made in respondent No.2's affidavit, there is no embargo on this Court to record the settlement.

Ratio / Principle

The petition is allowed in terms of the settlement.

Key takeaways

The entire proceedings in Special Case No.53/2025 on the file of the IV Additional District and Sessions Judge, Bagalkote are quashed.ratio¶56
The petitioners are acquitted for the alleged offences.ratio¶57
The bail bonds executed against the petitioners stand cancelled.ratio

Detailed headnote1 paragraphs

Single-judge bench (Hon'ble Mr. Justice S. Rachaiya), High Court of Karnataka, Dharwad Bench, CRL.P No. 103930 of 2025, order dated 20-11-2025: Criminal petition under S.482 Cr.P.C./S.528 BNSS by accused Nos. 4 to 7 in Spl.C.No.53/2025 (arising out of complaint dated 04.03.2025, FIR Crime No.0036/2025, chargesheet No.31/2025, Banahatti PS) facing charges under BNS 2023 Sections 189(2), 191(2), 109, 308(4), 352, 190 and SC/ST (Prevention of Atrocities) provisions Sections 3(1)(r), 3(2)(v) (cited in the prayer as the SC and ST (Prevention of Atrocities) Amendment Bill 2015, in the affidavit as the Act of 1989). Respondent No.2/complainant swore an affidavit stating the matter was amicably settled and withdrawing all allegations. Holding that there was no embargo on recording the settlement, the Court allowed the petition, quashed the entire proceedings before the IV Addl. District and Sessions Judge, Bagalkote, acquitted the petitioners, cancelled their bail bonds, and directed the Trial Court to release the amount deposited by the petitioner to the complainant on proper identification. No precedent was cited or relied upon.

1 -

NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO. 103930 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

SRI. ISHWAR S/O. BASAVARAJ YALASANG, AGE. 33 YEARS, OCC. OTHERS PI SPECIFY R/AT NEAR HOSUR, HORAHATTI GALLI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT-587114.

SRI. PRADEEP S/O. PARIKSHIT DESHPANDE, AGE. 30 YEARS, OCC. MEDIA PERSON, R/AT NEAR HOSUR, KUBAR GALLI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT-587114.

Digitally signed by SAMREEN AYUB DESHNUR

Location: HIGH COURT OF KARNATAKA

SRI. SANGAPPA MADAR URF KATTIMANI S/O. KALLAPPA URF NARASAPPA, OCC. LABOURER, R/AT RABKAVI, HARIJAN GALLI, TQ. RABKAVI BANAHATTI, DIST. BAGALKOT-587314.

SRI. DANESH URF DANAPPA SHIROL S/O. PRAKASH, OCC. MEDIA PERSON, R/AT RABKAVI, VIDYA NAGAR, NEAR LAXMI TEMPLE, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587314.

…PETITIONERS

2 -

NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025

HC-KAR

(BY SMT. DEEPA PAVAN DODDATTI, ADVOCATE)

AND:

THE STATE OF KARNATAKA, REP. BY ITS POLICE SUB-INSPECTOR, POLICE STATION, BANAHATTI PS, DIST. BAGALKOT-587314, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

SMT. CHANDRAWWA S/O. YAMANAPPA MANTUR, AGE. 35 YEARS, OCC. HOUSEWIFE, R/AT NAVALAGI NEAR WATER TANK, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587311.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. GANESH RAIBAGI, ADVOCATE FOR R2 (VK FILED IN COURT 20.11.2025)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.4 TO 7 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 109, 308(4), 352, 190 OF BNS 2023 AND SECTION 3(1)(R), 3(2)(V) OF THE SC AND ST (PREVENTION OF ATROCITIES) AMENDMENT BILL 2015 IN CRIME NO.36/2025 IN BANAHATTI POLICE STATION AND IN SPL.C.NO.53/2025 PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, IN THE INTEREST OF JUSTICE AND EQUITY.

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

3 -

NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025

HC-KAR

ORAL ORDER

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

Sri. Ganesh Raibagi, learned counsel has filed

vakalath for respondent No.2.

The same is taken on record.

Learned counsel for the petitioners filed an application under Section 359 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, stating that the matter has been settled between the petitioners and the respondent.

The averments of the affidavit of respondent

No.2/complainant accompanying the application are as under:

“1. I state that I am the Respondent No.2 in the above case and I am well conversant with the facts of the case. Hence I am swearing to this affidavit.

2. I state that the averments made in

the Application under Section 359 R/W under

4 -

NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025

HC-KAR

Section 528 of BNSS From paras 01 to 07 are true and correct.

3. 1 state that, I and victim, Petitioners/Accused No.4 to 7 are known to me. It was misunderstanding from my side that Petitioners was involved in the alleged incident. The Petitioners has not harassed or done any alleged offences mentioned in the FIR in Crime No.0036/2025 or in Compliant, Charge sheet No. 031/2025 which is registered by Banahatti Police station.

4. That during the pendency of these proceedings the myself and Petitioners have amicably settled the matter. Now, I hereby withdraw all the allegations made against Petitioners and have no objection to quash the entire proceedings against the Petitioners/Accused No.4 to 7 in SPL. C No.53/2025 pending on the file before The Hon'ble IV Addl. District And Sessions Judge, Bagalkot arising out of complaint dated 04.03.2025, FIR in Crime No.0036/2025, Charge sheet No.31/2025 for the alleged offences punishable under section 189(2), 191(2), 109, 308(4), 352, 190 Of BNS-2023 and section 3(1)(r), 3(2)(v) of the Scheduled cast and scheduled tribes (Prevention of Atrocities) act-1989. The Petitioners and the

5 - NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025

HC-KAR

Respondent No.2 and victim have undertaken to put an end to this case.

5. I the deponent above named hereby verify and declare that this is my name and signature. The contents of the affidavit are true to the best of my knowledge behalf on information.”

Considering the averments made in the affidavit,

there is no embargo on this Court to record the settlement.

Accordingly, I proceed to pass the following:

ORDER .

i) The petition is allowed in terms of the settlement.

ii) The entire proceedings in Special Case No.53/2025 on the file of IV Additional District and Sessions Judge, Bagalkote, is hereby quashed.

iii) The petitioners are acquitted for the alleged offences. iv) The bail bonds executed against the petitioners stands cancelled.

6 - NC: 2025:KHC-D:16004 CRL.P No. 103930 of 2025

HC-KAR

v) The Trial Court is directed to release the amount deposited by the petitioner in favour of the complainant on proper identification.

vi) In view of the disposal of the main petition,

pending I.As, if any, are disposed of.

Sd/(S.RACHAIAH) JUDGE

SMM/CT: UMD List No.: 1 Sl No.: 5