Dismissed¶56

Nikhilkumar S/O Manohar Nirmanik v. the State of Karnataka

Karnataka HC19 Feb 2026CRL.P/105379/2025

Case brief

AI extract

What is this about?

Quashing of FIR and charge sheet refused; Section 482 CrPC / Section 528 BNSS; cross-complaints, case and counter case; Full Bench guidelines in State of Karnataka v. Hosakeri Ningappa, ILR 2012 KAR 509; Karnataka High Court, Dharwad bench; IPC Sections 323, 324, 308, 354, 504, 506 r/w 34; Betageri Police Station Crime Nos. 125 and 126 of 2022; SC.No.53/2024 and S.C. No. 60/2024 before Principal District and Sessions Judge, Gadag; both criminal petitions dismissed.

What did the court decide?

In the light of the dictum of the Full Bench of this Court in State of Karnataka v. Hosakeri Ningappa (ILR 2012 KAR 509), this Court cannot exercise the powers under Section 482 of the Code of Criminal Procedure to quash the pending proceedings. ¶50

Nikhilkumar S/O Manohar Nirmanik Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

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1 - NC: 2026:KHC-D:2648 CRL.P No. 103444 of 2025 C/W CRL.P No. 105379 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD

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DATED THIS THE 19^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION No.103444 OF 2025

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(482(CR.PC)/528(BNSS))

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C/W

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CRIMINAL PETITION No.105379 OF 2025

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IN CRL.P No.103444/2025 BETWEEN:

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VEERANAGOUDA

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S/O. SANGANAGOUDA POLICE PATIL AGE ABOUT 70 YEARS, OCC. ADVOCATE, R/O. BASEL MISSION COMPOUND, BETAGERI-582102, TQ. AND DIST. GADAG.

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.20 16:00:15 +0530

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NITIN

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S/O. VEERANAGOUDA POLICE PATIL AGE ABOUT 39 YEARS, OCC. ADVOCATE, R/O. BASEL MISSION COMPOUND, BETAGERI-582102, TQ. AND DIST. GADAG.

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SMT. RAJESHWARI D/O. VEERANAGOUDA POLICE PATIL AGE ABOUT 39 YEARS, OCC. HOUSEHOLD WORK, R/O. BASEL MISSION COMPOUND, BETAGERI-582102, TQ. AND DIST. GADAG.

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…PETITIONERS

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(BY SRI. M.M. PATIL, ADVOCATE)

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2 - NC: 2026:KHC-D:2648 CRL.P No. 103444 of 2025 C/W CRL.P No. 105379 of 2025

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HC-KAR

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AND:

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THE POLICE SUB INSPECTOR BETAGERI POLICE STATION GADAG REP. BY ADDL. SPP HIGH COURT BUILDING, DHARWAD-580001.

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NIKHILKUMAR S/O MANOHAR NIRMANIK AGE. 29 YEARS, OCC. STUDENT, R/O. BASEL MISSION COMPOUND, BETAGERI GADAG, DIST. GADAG- 582102.

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…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR 1; SRI. GOURISHANKAR MOT, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE FIR AND FILING OF CHARGE SHEET IN SC.No.53/2024 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE GADAG ARISING OUT OF CRIME No.126/2022 BETAGERI POLICE STATION GADAG, FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 324, 308, 354, 504, 506 R/W.34 OF THE IPC, IN SO FOR AS THE PETITIONERS /ACCUSED Nos.1 TO 3 ARE CONCERNED, IN THE INTEREST OF JUSTICE.

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IN CRL.P No.105379/2025 BETWEEN:

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NIKHILKUMAR S/O MANOHAR NIRMANIK AGE. 30 YEARS, OCC. STUDENT, R/O. BASHEL MISSION COMPOUND, BETAGERI, TQ. AND DIST. GADAG 582102.

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3 - NC: 2026:KHC-D:2648 CRL.P No. 103444 of 2025 C/W CRL.P No. 105379 of 2025

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HC-KAR

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SHWETA D/O MANOHAR NIRMANIK AGE. 25 YEARS, OCC. LECTURER, R/O. BASHEL MISSION COMPOUND, BETAGERI, TQ. AND DIST. GADAG 582102.

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SUNITA W/O MANOHAR NIRMANIK AGE. 58 YEARS, OCC. TEACHER, R/O. BASHEL MISSION COMPOUND, BETAGERI, TQ. AND DIST. GADAG 582102.

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...PETITIONERS

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(BY SRI. GOURISHANKAR MOT, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BETAGERI POLICE STATION, GADAG REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD 580011.

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VEERANGOUD S/O SANGANAGOUDA POLICE PATIL AGE. 73 YEARS, OCC. LAW PRACTITIONER, R/AT. BASEL MISSION, COMPOUND BETAGERI, TQ. AND DIST. GADAG 582102.

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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, PRAYING TO QUASH THE ENTIRE PROCEEDING AGAINST THE ACCUSED No.1, 3 AND 4/PETITIONERS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT GADAG IN S.C. NO. 60/2024 ARISING OUT OF BETAGERI POLICE STATION CRIME NO.125 OF 2022 FOR THE OFFENCE PUNISHABLE U/SEC 323, 324, 308, 354, 504, 506 R/W 34 OF IPC, IN THE INTEREST OF JUSTICE.

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4 - NC: 2026:KHC-D:2648 CRL.P No. 103444 of 2025 C/W CRL.P No. 105379 of 2025

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HC-KAR

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THESE PETITIONS, 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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Parties present. There is no possibility of amicable settlement between the parties. Hence, petitions are taken up for disposal on merits.

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These two petitions arise out of an incident said to have occurred on 22.12.2022. Complaint and counter complaint came to be lodged. In both the cases, police have investigated the matter and filed charge sheet.

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Matters are now pending before the District Court at Gadag. Since the allegations and counter allegations have resulted in filing the charge sheet.

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In the light of the dictum of the Full Bench of this Court in the case of State of Karnataka, by Circle Inspector of Police vs. Hosakeri Ningappa and another reported in ILR 2012 KAR 509, this Court cannot exercise the powers under

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