SRI JAGADEESH H Y vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION NO. 23831 OF 2021 (GM-RES)
BETWEEN:
1. SRI JAGADEESH H.Y.,
S/O YUVARAJAIAH
AGED ABOUT 33 YEARS
R/AT No. 962, VIJAYANAGAR
2ND STAGE, BELUR ROAD
HASSAN - 573 201.
2. SMT. PAVITRA H Y
W/O SHIVANANDA Y S
AGED ABOUT 30 YEARS
PRESENTLY R/AT 962,
VIJAYANAGAR
2ND STAGE, BELUR ROAD
HASSAN - 573 201.
…PETITIONERS
(BY SRI. ASHOK B PATIL.,ADVOCATE)
Digitally
signed by
SUMA B N
Location:
HIGH
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
HASSAN TOWN POLICE
HASSAN - 573 201.
2. SHIVANANDA Y.S.,
S/O SHANMUKAIAH Y B
AGED ABOUT 30 YEARS
POLICE CONSTABLE
AREHALLI POLICE STATION
YERESHETTYHALLI VILLAGE
BELUR TALUK
HASSAN DISTRICT - 573 201.
…RESPONDENTS
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
(BY SMT. WAHEEDA M.M., HCGP FOR R1;
SRI. HARISH KUMAR M.C., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.PC PRAYING
TO QUASH THE CHARGE SHEET IN CC NO.51/2018 ON THE FIEL OF
THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC HASSAN
ANNEXURE-G.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri. Ashok B. Patil, learned counsel for the
petitioners, Smt. Waheeda M.M, learned HCGP for the
respondent No.1-State and Sri. Harish Kumar, learned counsel
for the respondent No.2.
2. The present petition is filed under Articles 226 and 227
of the Constitution of India read with Section 482 of Cr.P.C with
the following prayer:
"(i). Stay all further proceedings, in CC.No.51/2018, on
the file of the Court of the Principal Civil Judge and JMFC,
Hassan (Annexure G), pending disposal of the above
petitions, in the interest of justice and equity.
ii. Pass such other interim order, as this Hon'ble Court
deems fit on the facts and circumstances of the case, in
the interest of justice and equity."
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
3. Facts of the case in the nut shell which are utmost
necessary for disposal of the present petition are as under:
3.1 Respondent No.2 herein filed a complaint before the
Hassan Town Police on 14.09.2017 and same is registered in
Crime No.260/2017 for the offences punishable under Sections
323, 504 R/w Section 34 IPC.
4. Gist of the complaint averments would reveal that on
13.09.2017 at about 04:00 p.m. petitioner No.1 said to have
picked up the quarrel with the complainant/respondent No.2,
abused him in filthy language and slapped him. Wife of the
respondent No.2 also assisted the petitioner No.1 in restraining
the free movement of the respondent No.2.
5. Complaint averments however also reveal that his
brother-in-law had brought a machete and tried to assault,
which allegation has been given a total go-by in the form of a
further statement recorded by the police.
6. Based on the complaint, case came to be registered,
investigated and a charge sheet came to be filed against the
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
petitioners herein for the offences punishable under Sections
323, 504 R/w Section 34 IPC.
7. Petitioners herein have challenged the order taking
cognizance and summoning them on several grounds.
8. Sri. Ashok B. Patil, learned counsel for the petitioners,
reiterating the grounds urged in the petition would contend that
petitioner No.2 herein had also lodged a complaint against the
respondent No.2 in Women Police Station, Hassan on
14.09.2017 at about 05:30 p.m, which is registered in Crime
No.97/2017 for the offences punishable under Sections 498A,
307, 323, 324, 504, 506, 114 read with Section 34 of IPC and
3, 4 of Dowry Prohibition Act, 1961, which is now pending on
account of the order passed by the Co-ordinate Bench of this
Court in W.P.No.7739/2018. In the very same order, liberty
was given for the present petitioners to the first prayer in the
said petition, which is the prayer in the present petition as
referred to supra .
9. Because of the fact that records being not sent by the
Arehalli Police to Women Police Station Hassan, are yet to
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
complete the investigation and file appropriate report under
Section 173 of the Cr.P.C. in respect of the complaint filed by
the respondent No.2, in Crime No.97/2017, dated 14.09.2017.
10. Sri. Ashok B. Patil, would contend that in the
meantime, the complaint given by the respondent No.2 and the
charge sheet that has been filed against the petitioners are to
be treated as case and counter case, having regard to the fact
that both the incidents have been reported to the concerned
police stations by respondent No.2 as well as the petitioner
No.2 and therefore filing of the charge sheet and proceeding
with the case, in the case on hand will be against the principles
laid down by 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 .
Under such circumstances, he would seek for quashing of
the charge sheet.
11. Smt. Waheeda M.M, learned HCGP for the respondent
No.1-State opposes the grounds urged in the petition.
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
12. Having heard the arguments of both sides this Court
perused the material on record meticulously.
13. The charge sheet filed by the Hassan Town Police,
cannot be countenanced in law as it is against the principles of
Hosakeri Ningappa and Another (Supra).
14. Therefore, since already a direction has been issued
by the Co-ordinate Bench of this Court in W.P.No.7739/2018,
that the complaint lodged by the petitioner No.2 against the
respondent No.2 and others are to be investigated by one and
the same Investigation Officer namely Women Police Station,
Hassan, as the complaint filed by the petitioner No.2 is earlier
in the point of time.
15. Accordingly, following order is passed.
ORDER
(i). Petition is disposed of .
(ii) Order taking cognizance and further proceeding
with the trial insofar as the petitioners is hereby set
aside.
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
(iii) Charge sheet filed by the Hassan Town Police in
Crime No.260/2017 for the offences punishable
under Sections 323, 504 R/w Section 34 IPC is also
hereby quashed.
(iv) The complaint filed by the respondent No.2 and
complaint filed by the petitioner No.2 herein-Smt.
Pavitra H.Y., are to be investigated afresh by the
Women Police Station, Hassan and appropriate
reports need to be filed in both the cases under
Section 173 Cr.P.C following the guidelines issued by
the Full Bench of this Court in the case of Hosakeri
Ningappa and Another (Supra).
(v) Further, learned HCGP is hereby directed to
communicate this order to the Superintendent of
Police, Hassan District, who shall inturn secure the
complaint and other related papers from Arehalli
Police Station, Hassan and transmit the same to
Women Police Station, Hassan on or before
30.11.2026.
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HC-KAR
NC: 2026:KHC:61823
WP No. 23831 of 2021
CNR: KAHC010491572021
(vi) Since the incident pertains to the year of 2017,
Women Police Station, Hassan shall conclude the
investigation as early as possible but not later than
31.12.2026 and file appropriate report in respect of
both the complaints in accordance with law.
(vii) Needless to emphasize, that the petitioners
herein and the respondent No.2 and other accused
persons are directed to co-operate for the early
investigation in filing appropriate report.
Sd/-
(V SRISHANANDA)
JUDGE
RL
List No.: 1 Sl No.: 39