PRAVEENKUMAR vs THE STATE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10923
CRL.P No. 200607 of 2026
CNR: KAHC030046632026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.200607 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. PRAVEENKUMAR
S/O RACHAYYA MATHAPATI,
AGED ABOUT 28 YEARS,
OCC: PRIVATE WORK,
R/O NEAR GIRLS HIGH SCHOOL,
GANGANAGAR, MALKHED, TQ: SEDAM,
DIST: KALABURAGI – 585 317.
2. BHAGYAVANT
S/O BASAVARAJ BOMNALLI,
AGE: 27 YEARS,
OCC: PRIVATE WORK,
R/O GANGA NAGAR, MALKHED,
TQ: SEDAM,
DIST: KALABURAGI – 585 317.
3. PRAKASH
S/O MALLAYYA GUTTEDAR,
AGE: 27 YEARS,
OCC: PRIVATE WORK,
R/O 1-76, MALKHED, MALKHED (J),
TQ: SEDAM,
DIST: KALABURAGI – 585 317.
4. DAVID S/O GURUPUTRA BHAGODI,
AGE: 27 YEARS,
OCC: PRIVATE WORK,
R/O: INDRA NAGAR, MALKHED,
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:10923
CRL.P No. 200607 of 2026
CNR: KAHC030046632026
TQ: SEDAM,
DIST: KALABURAGI – 585 317.
5. YALLALING
S/O LAXMAN WADDAR,
AGE: 28 YEARS,
OCC: PRIVATE WORK,
R/O: DARGA NAGAR, MALKHED,
TQ: SEDAM,
DIST: KALABURAGI – 585 317.
6. BALRAM
S/O SHIVABASAPPA,
AGE: 27 YEARS,
OCC: PRIVATE WORK,
R/O: MALKHED, TQ: SEDAM,
DIST : KALABURAGI – 585 317.
…PETITIONERS
(BY SRI KUPENDRA N.SAJJAN, ADVOCATE)
AND:
1. THE STATE THROUGH
MALKHED POLICE STATION,
KALABURAGI – 585 102.
(REPT. BY ADDL. SPP,
HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH).
2. KUMARI AKKA NAGAMMA
D/O BALAYYA BIRADAR,
AGE: 35 YEARS,
OCC: GRAMA PANCHAYAT SECRETARY,
R/O CHANDAPUR VILLAGE,
TQ: SORAPUR
DIST: YADGIRI – 585 104.
…RESPONDENTS
(BY SRI SIDDALING P.PATIL, SPP FOR R1;
NOTICE TO R2 IS SERVED)
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HC-KAR
NC: 2026:KHC-K:10923
CRL.P No. 200607 of 2026
CNR: KAHC030046632026
THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.
(OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE
PROCEEDINGS AGAINST THE PETITIONER, PENDING ON THE
FILE OF CIVIL JUDGE AND JMFC AT SEDAM IN CRIME
NO.19/2018 AND C.C.NO.506/2018 OF RESPONDENT
MALKHED PS, SEDAM CIRCLE FOR OFFENCES U/SEC.143,
509, 354, 504 R/W 149 OF IPC AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Learned counsel for the petitioners files memo
producing online copy of the order sheet of the case
pending before the trial Court.
2. Heard learned counsel for the petitioners and
learned Additional State Public Prosecutor (for short
‘Addl. SPP’) for the respondent No.1 on the petition.
Perused the relevant materials on record.
3. In spite of service of notice, the respondent
No.2 has not chosen to appear and contest the petition.
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CRL.P No. 200607 of 2026
CNR: KAHC030046632026
4. This petition is filed by the petitioners/
accused No.1 to 4, 7 and 8 under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 praying for
an order to quash the proceedings of the cases in
CC No.506/2018 on the file of the learned Civil Judge
and JMFC, Sedam arising out of Crime No.19/2018 for
the offences punishable under Sections 143, 354, 504
and 509 read with Section 149 of Indian Penal Code (for
short ‘IPC’).
5. The case alleged against the petitioners and
other two persons, who are Child in Conflict with Law
(CCL)), is that on 05.03.2018 the complainant along
with her friends had been to attend the Rashtrakuta
Utsava at about 07.00 p.m. When they were watching
the said function, at about 09.30 p.m., the petitioners
along with two CCLs without any reason started to
behave unfriendly, abused the complainant in filthy
language and picked up quarrel with her. One among
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NC: 2026:KHC-K:10923
CRL.P No. 200607 of 2026
CNR: KAHC030046632026
them tried to touch her with an intention to outrage her
modesty. Another person kept four chairs on her leg and
misbehaved with her. When the respondent No.2
objected, all the petitioners and two CCLs went away.
Thereafter, the Taluk Coordinator Sri Anilkumar Patil
came there and enquired. At that time, again the
accused persons came there and abused in filthy
language and pulled the shirt of the officer of
complainant and thereby, the petitioners along with two
CCLs have committed the alleged offence.
6. The contention of the petitioners is that they
are innocent of the offences alleged against them and
they have not committed any offence alleged against
them. Further, the Juvenile Justice Board, Kalaburagi
acquitted two CCLs as per the judgment dated
10.01.2020 in Juvenile Case No.62/2018 and hence, on
the basis of the said judgment of acquittal, the learned
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NC: 2026:KHC-K:10923
CRL.P No. 200607 of 2026
CNR: KAHC030046632026
counsel for the petitioners has sought for quashing of
the proceedings initiated against the petitioners.
Per contra
7. , the learned Addl. SPP has
submitted that the complainant and other witnesses
have deposed against the CCLs regarding the alleged
incident. The complainant and other witnesses have
turned hostile to the case and there is no evidence
recorded in the said case regarding present petitioners
in respect of the incident. Hence, on the basis of the
said judgment, the proceedings against these
petitioners, who are accused No.1 to 4, 7 and 8 cannot
be quashed. Therefore, the learned Addl. SPP has
sought for dismissal of the petition.
8. It is undisputed fact that these petitioners are
accused No.1 to 4, 7 and 8 in the case and other two
persons involved in the case are CCLs and the case
against them has proceeded with before the Juvenile
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Justice Board. Now the main contention of the
petitioners is that as the CCLs are acquitted by the
Juvenile Justice Board and the benefit of acquittal may
be given to the petitioners herein, who are co-accused
persons and the case may be quashed.
9. In support of the said submission, the learned
counsel for the petitioners has drawn attention of this
Court to the order dated 07.05.2026 of the Coordinate
Bench of this Court in Criminal Petition
No.200650/2026, wherein on the basis of the acquittal
judgment against some of the accused persons i.e.,
accused No.1 and 2, the proceedings against the other
accused in the case is quashed for the offences
punishable under Sections 399 and 402 of IPC.
10. The learned counsel for the petitioners has
also drawn attention of this Court to the order dated
22.01.2025 of the Coordinate Bench of this Court in
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CRL.P No. 200607 of 2026
CNR: KAHC030046632026
Criminal Petition No.200598/2024, wherein the
proceedings against the petitioner therein, he being
accused No.2 in the case registered for the offences
punishable under Sections 489A, 489B and 498C of IPC
is quashed.
11. However, as submitted by the learned Addl.
SPP, the first case referred hereinabove is in respect of
split-up case for the offences under Sections 399 and
402 of IPC and the material witnesses have turned
hostile to the case. The accused in split-up charge sheet
stands in parity with other accused, who were acquitted
on the very same set of accusation and hence, the
proceedings against them is quashed.
12. In the second case, even though this Court
has quashed the proceedings on the basis of the
judgment passed in respect of the concerned CCL
(accused No.1), the reason in the said order would show
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CNR: KAHC030046632026
that the complainant and all the material witnesses
have turned hostile to the case of prosecution before the
Juvenile Justice Board. But in the case on hand, as
submitted by the learned Addl. SPP, all the material
witnesses and the complainant/ victim have supported
the case of prosecution. Hence, the CCLs are acquitted
by the Juvenile Justice Board cannot be ground to
quash the proceedings against the petitioners, who are
accused No.1 to 4, 7 and 8 in the case.
13. The orders of Coordinate Bench of this Court
referred by the learned counsel for the petitioners are no
way helpful to the present case to quash the
proceedings. Moreover, as per the order sheet produced
by the petitioners, now the case is posted for evidence of
prosecution witnesses after framing charges against the
petitioners. Unless the matter is being heard on merits
of the case by the trial Court, the question of quashing
the proceedings does not arise at this stage. Even if the
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proceedings is proceeded with, it does not amount to
abuse of process of law. Hence, the petitioners have
failed to make out any ground to quash the proceedings
as sought for. Consequently, this petition is liable to be
dismissed.
14. In the result, I proceed to pass the following:
ORDER
(a) The Criminal Petition is dismissed.
(b) However, in the circumstances, the trial
Court is directed to expedite the proceedings
and dispose of the matter pending against the
petitioners within three months from the date
of receipt of copy of this order.
In view of disposal of the main petition, interim
application, if any, does not survive for consideration
and accordingly, stands disposed of.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 37