Pradeep S/O. Savarmal Alias Sanvarmal Pareek Vs the State of Karnataka

KAILASH S/O. PUNAMCHAND PAREEK AGE 28 YEARS, OCC. WORKER IN CLOTH SHOP ALL ARE R/AT 1^ST FLOOR, KATAVE BUILDING, ALAGUNDAGI ONI, HUBBALLI, DIST. DHARWAD-580 020.

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…PETITIONERS

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(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.19 15:36:24 +0530

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THE STATE OF KARNATAKA GHANTIKERI POLICE STATION, HUBALLI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011.

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SMT. BHARATI W/O. MURARASA PATTAN AGE 50 YEARS, OCC. HOUSEWIFE, R/AT ALAGUNDAGI ONI, HUBBALLI, DIST DHARWAD-580 020.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2)

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THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023, SEEKING TO QUASH THE ENTIRE PROCEEDING AGAINST THE ACCUSED NO 1 TO 3/ PETITIONERS PENDING ON THE FILE OF I

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NC: 2026:KHC-D:2450 CRL.P No. 104426 of 2025

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HC-KAR

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ADDITIONAL CIVIL JUDGE AND JMFC., AT: HUBBALLI IN C.C. NO. 5780/2025 ARISING OUT OF GHANTIKERI POLICE STATION CRIME. NO. 11 OF 2025 FOR THE OFFENCE PUNISHABLE U/SEC 115(2), 118(2), 329(4), 74, 352, 351(2)(3) R/W 3(5) OF BNS, 2023, IN THE INTEREST OF JUSTICE.

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

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ORAL ORDER

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

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Heard Sri.Gourishankar Mot, learned counsel appearing for petitioners and Smt.Kirtilata R. Patil, learned High Court Government Pleader appearing for respondent No.1-Stae.

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Though respondent No.2 has been served, she remains unrepresented.

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This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 with the following prayer:

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“Wherefore, it is most humbly prayed that this Hon’ble Court may be pleased to quash the entire proceeding against the accused Nos.1 to 3/petitioners pending on the file of I Additional Civil Judge and JMFC., at Hubballi in C.C. No.5780/2025 arising out of Ghantikeri Police Station Crime. No.11 of 2025 for the offence punishable under Sections 115(2), 118(2), 329(4), 74, 352, 351(2)(3) read with 3(5) of BNS, 2023, in the interest of justice.”

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3 - NC: 2026:KHC-D:2450 CRL.P No. 104426 of 2025

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HC-KAR

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The facts of the case are as under:

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A complaint came to be lodged by respondent No.2, which was registered by Ghantikeri Police Station as Crime No.11/2025 on 15.03.2025.

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The gist of the complaint averments would reveal that on 14.03.2025 at about 11.30 p.m., when the complainant was present at his residence, his neighbour by name Pradeep Pari along with two others, trespassed into the house and assaulted the complainant’s son with their hands and an iron rod on his face and back. When another son, Manjunatha, tried to pacify the quarrel, he was also assaulted and pushed.

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The complainant’s daughter-in-law by name Pooja

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was also pushed during the incident and abused in filthy language.

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In respect of the same incident, No.1-Pradeep has also registered a case, which is still pending investigation.

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In the light of the above, the request of the petitioners alone cannot be granted for quashing the pending charge sheet, in view of the dictum laid down by the Hon’ble Full

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NC: 2026:KHC-D:2450 CRL.P No. 104426 of 2025

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HC-KAR

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Bench of this Court in State of Karnataka, Circle Inspector of Police vs. Hoskeri Ningappa¹ .

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Accordingly, the following order is passed:

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ORDER

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(i) The petition stands dismissed .

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(ii) However, the Investigation Officer is directed to complete the investigation in the pending charge sheet.

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(iii) The learned Trial Judge is directed to proceed with both the cases, wherein the charge sheets have been filed, strictly in accordance with the guidelines issued by the Hon’ble Full bench of this Court in Hoskeri Ningappa (supra).

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Ordered accordingly.

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Sd/(V.SRISHANANDA) JUDGE

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RHR/-CT-CMU LIST NO.: 1 SL NO.: 63

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1 ILR 2012 KAR 509

Pradeep S/O. Savarmal Alias Sanvarmal Pareek v. the State of Karnataka

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Pradeep S/O. Savarmal Alias Sanvarmal Pareek v. the State of Karnataka

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