DARSHAN vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 15185 OF 2025
(482(Cr.PC) / 528(BNSS))
C/W
CRIMINAL PETITION NO. 7735 OF 2025
(482(Cr.PC) / 528(BNSS))
CRIMINAL PETITION NO. 7739 OF 2025
(482(Cr.PC) / 528(BNSS))
CRIMINAL PETITION NO. 15188 OF 2025
(482(Cr.PC) / 528(BNSS))
IN CRL.P No. 15185/2025
BETWEEN:
1. SMT. JAYAMMA
W/O.LATE.ESHWARAPPA,
AGED ABOUT 80 YEARS.
RESIDENT OF
CHKKAYAGATI VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577 524.
2. SRI. HEMARAJA E,
S/O.LATE. ESHWARAPPA,
AGED ABOUT 59 YEARS,
RESIDENT OF
CHIKKAYAGATI VILLAGE,
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 2 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577524.
…PETITIONERS
(BY SRI. BALARAJ A C.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
STATION HOUSE OFFICER,
HOSADURGA POLICE STATION,
CHITRADURGA DISTRICT
AND ALSO REPRESENTED
BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
2. SRI. R.T.DARSHAN,
S/O.LATE THIMMAPPA,
AGED ABOUT 46YEARS,
RESIDENT OF DHAVAN DARPAN
NILAYA, ROYAL EXTENSION,
2ND CROSS,
SHIVAMOGGA TOWN,
SHIVAMOGGA - 577 204.
…RESPONDENTS
(BY SRI. RANJITH KUMAR N., HCGP FOR R1;
V/O DATED 14.10.2026
SRI. YADUNANDAN N.,ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO
A. QUASH THE ORDER PASSED BY THE LEARNED CIVIL JUDGE
AND JMFC, HOSADURGA IN TAKING COGNIZANCE OF ALLEGED
OFFENCES AGAINST THE PETITIONER DATED 03.10.2024 AND
ALSO THE CHARGE SHEET FILED IN CC NO.1364/2024 (CRIME
NO.0348 OF 2024) REGISTERED AGAINST THE PETITIONERS
AND ALL FURTHER PROCEEDINGS FOR ALLEGED COMMISSION
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 3 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
OF OFFENCES U/S 329(3), 352, 115(2), 74, 54, 351(2), 3(5)
OF BNS 2023 VIDE ANNEXURE-A AND D.
IN CRL.P NO. 7735/2025
BETWEEN:
1. DHRUSHTI,
S/O THIMMAPAP
AGED ABOUT 34 YEARS
R/O DAVANA DARPANA NILAYA
2 ROYAL EXTENSION
SHIVAMOGGA - 577 201.
2. DARSHAN
S/O THIMMAPPA
AGED ABOUT 41 YARS
R/AT 2 ROYAL EXTENSION
KRUSHI NAGARA
SHIVAMOGGA TOWN
SHIVAMOGA - 577 204.
3. SOWMYA
D/O DARSHAN
AGED ABOUT 34 YEARS
R/AT 2 ROYAL EXTENSION
KRUSHI NAGARA
SHIVAMOGGA TOWN
SHIVAMOGA - 577 204.
4. PRABHAKARA
S/O LATE MAHESHWARAPPA
AGED ABOUT 53 YEARS
R/O MALLAPPANAHALLI VILALGE
HOSADURGA TALUK
CHITRADURGA - 577 527.
...PETITIONERS
(BY SRI. YADUNANDAN N.,ADVOCATE)
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 4 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
AND:
1. STATE OF KARNATAKA
HOSADURGA PS
REP BY SPP
HIGH COURT BUILDING
BENGALURU - 560 001.
2. HEMARAJU
S/O LATE ESHWARAPPA
AGED ABOUT 55 YEARS
R/AT CHIKKAYAGATI VILLAGE
HOSADURGA - 577 554.
3. JAYAMMA
W/O LATE ESHWARAPPA
AGED ABOUT 85 YEARS
RA/T CHIKKAYAGATI VILLAGE
HOSADURGA - 577 554.
...RESPONDENTS
(BY SRI. RANJITH KUMAR N., HCGP FOR R1;
V/O DATED 14.10.2026
SRI. BALARAJ A.C., ADVOCATE FOR R2 AND R3 (VK
NOT FILED)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO
QUASH THE PROCEEDINGS IN CC NO.1826/2024 ON THE
FILE OF PRL.CIVIL JUDGE AND JMFC, HOSADURGA FOR
THE ALLEGED O/P/U/S 189(2), 191,(2), 329,(3), 352, 74,
118(1), 351(2) AND 190 OF THE BNS.
IN CRL.P NO. 7739/2025
BETWEEN:
1. DARSHAN
S/O THIMMAPPA
AGED ABOUT 41 YEARS
R/AT 2 ROYAL EXTENSION
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 5 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
KRUSHI NAGARA
SHIVAMOGGA TOWN
SHIVAMOGGA - 577 204.
2. SOWMYA
D/O DARSHAN
AGED ABOUT 34 YEARS
R/AT 2 ROYAL EXTENSION
KRUSHI NAGARA
SHIVAMOGGA TOWN
SHIVAMOGGA - 577 204.
3. DHRUSHTI
S/O THIMMAPPA
AGED ABOUT 36 YEARS
R/O DAVANA DARPANA NILAYA
2 ROYAL EXTENSION
SHIVAMOGGA - 577 201.
4. PRABHAKARA
S/O LATE MAHESSHAWRAPPA
AGED ABOUT 53 YEARS
R/O MALLAPPANAHALLI VILLAGE
HOSADURGA TALUK
CHITRADURGA - 577 527.
...PETITIONERS
(BY SRI. YADUNANDAN N.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
HOSADURGA P S
REP BY SPP
HIGH COURT BUILDING
BENGALUR - 560 001.
2. JAYAMMA
W/O LATE ESHWARAPPA
AGED ABOUT 70 YEARS
R/AT CHIKKAYAGATI VILLAGE
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 6 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
HOSADURGA - 577 554.
3. HEMARAJU
S/O LATE ESHWARAPPA
AGED ABOUT 50 YEARS
R/AT CHIKKAYAGATI VILLAGE
HOSADURGA - 577 554.
...RESPONDENTS
(BY SRI. RANJITH KUMAR N.,HCGP FOR R1;
SRI. A.C. BALARAJ., ADVOCATE FOR R2 AND R3)
THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE PROCEEDINGS IN CC.NO.1272/2022 ON THE
FILE OF PRL. CIVIL JUDGE AND JMFC, HOSADURGA, FOR
THE OFFENCES P/U/S 114,504,323,354,447,506 R/W 149
OF THE IPC, 1860.
IN CRL.P NO. 15188/2025
BETWEEN:
1. SMT.JAYAMMA
W/O LATE ESHWARAPPA,
AGED ABOUT 74YEARS,
RESIDENT OF
CHKKAYAGATI VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577 524.
2. SRI. HEMARAJ,
S/O. LATE. ESHWARAPPA,
AGED ABOUT 54 YEARS,
RESIDENT OF
CHIKKAYAGATI VILLAGE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577 524.
...PETITIONERS
(BY SRI. BALARAJ A C.,ADVOCATE)
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 7 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
STATION HOUSE OFFICER,
HOSADURGA POLICE STATION,
CHITRADURGA DISTRICT,
AND ALSO REPRESENTED,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
2. SMT.M. SOWMYA,
W/O. R.T.DARSHAN,
AGED ABOUT 33YEARS,
RESIDENT OF DHANAVAN
DARPAN NILAYA,
ROYAL EXTENSION, 2ND CROSS,
SHIVAMOGGA TOWN,
SHIVAMOGGA - 577 204.
...RESPONDENTS
(BY SRI. RANJITH KUMAR N., HCGP FOR R1;
V/O DATED 14.10.2026
SRI. YADUNANDAN N.,ADVOCATE FOR R2 (VK NOT
FILED)
THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE ORDER PASSED BY THE LEARNED CIVIL
JUDGE AND JMFC, HOSADURGA IN TAKING COGNIZANCE
OF ALLEGED OFFENCES AGAINST THE PETITIONER AND
ALSO THE CHARGE SHEET FILED IN CC.NO.1184/2022
ARISING OUT OF CR.NO.434/2021 REGISTERED AGAINST
THE PETITIONERS AND ALL FURTHER PROCEEDINGS FOR
ALLEGED COMMISSION OF OFFENCES P/U/S 323,324,
354,504,506,34 OF IPC, VIDE ANNEXURE A AND D.
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 8 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
THESE PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioners are before this Court seeking for the following
respective reliefs;
"In Crl.P.No.7739/2025
WHEREFORE, the Petitioner humbly prays that this
Hon'ble Court may be pleased to quash the
proceedings in C.C.No.1272/2022 on the file of Prl.
Civil Judge & J.M.F.C, Hosadurga for the alleged
offences punishable under Sections 114, 504, 323,
354, 447, 506 r/w Section 149 of Indian Penal Code,
1860, in the interest of justice and equity.
In Crl.P.No.7735/2025
WHEREFORE, the Petitioner humbly prays that this
Hon'ble Court may be pleased to quash the
proceedings in C.C.No.1826/2024 on the file of Prl.
Civil Judge & J.M.F.C, Hosadurga for the alleged
offences punishable under Sections 189(2), 191 (2),
329 (3), 352, 74, 118 (1), 351 (2) and 190 of the
Bharatiya Nyaya Sanhita, in the interest of justice and
equity.
In Crl.P.No.15185/2025
Set aside the order passed by the learned Prl.Civil
Judge and JMFC, Hosadurga in taking cognizance of
alleged offences against the petitioner dated
03.10.2024 and also the charge sheet dated
25.08.2024 filed in C.C.No.1364/2024 (Crime
No.348/2024) registered against the petitioners and
quash all further proceedings for alleged commission of
offences under Sections 329(3), 352, 115(2), 74, 54,
351(2), 3(5) of the Bharatiya Nyaya Sanhita, vide
Annexure-A and D;
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 9 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
In Crl.P.No.15188/2025
Quash the order passed by the learned Civil Judge and
JMFC, Hosadurga in taking cognizance of alleged
offences against the petitioner and also the charge
sheet dated 16.07.2022 filed in C.C.No.1184/2022
(Crime No.434/2021) registered against the petitioners
and all further proceedings for alleged commission of
offences under Sections 323, 324, 354, 504, 506 and
34 of Indian Penal Code vide Annexure-A and D."
2. Crl.P.No.7735/2025 and Crl.P.No.7739/2025 were filed
on account of the complaint filed by the petitioners in
Crl.P.No.15185/2025 and Crl.P.No.15188/2025.
3. Crl.P.No.15185/2025 and Crl.P.No.15188/2025 have
been filed on account of the complaints filed by the
petitioners in Crl.P.No.7735/2025 and
Crl.P.No.7739/2025.
4. The allegation made by respondent Nos.2 and 3 in
Crl.P.No.7735/2025 is that on 01.08.2024 at around
11.30 a.m to 1:00 p.m. the petitioners had sought to
interfere with the possession of the respondent Nos. 2
and 3 in Survey No. 17/1, measuring 7 acre 16 guntas.
On which basis, FIR in Crime No. 349/2024 was
registered by the Hosadurga Police Station for offences
under Section 189(2), 191(2), 329(3), 352, 76, 118(1),
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 10 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
351(2) and 190 of the Bharatiya Nyaya Sanhita (BNS),
2023.
5. In Crl.P.No.7739/2025, the complaint came to be filed by
respondent Nos. 2 and 3 alleging that on 01.10.2021 at
02:00 p.m. the petitioners had sought to interfere with
the possession and trespass into the property bearing
Sy.No.18/1 situated at Chikkayagati village, Kasaba
Hobli, Hosadurga Taluk. On which basis FIR in Crime No.
435/2021 was registered by the Hosadurga Police for
offences punishable under Sections 504, 323, 354, 447,
506 and 34 of IPC.
6. In Crl.15185/2025, a complaint had been filed by
respondent No.2 alleging that on 01.08.2024 at 11:50 to
12:00 the petitioners had sought to interfere with the
possession of land in Sy.No.18/1 of Chikkayagati Village.
On which basis, in Crime No.348/2024 had been
registered by the Hosadurga Police for offences
punishable under Sections 329(3), 352, 115(2), 74, 54,
351 (2), (3)(5) and of the Bharatiya Nyaya Sanhita (BNS )
2023.
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 11 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
7. In Crl.15188/2025, a complaint had been filed by
respondent No.2 alleging that on 01.10.2021 at around
12:30p.m. the petitioners had sought to interfere with
the possession of land in Sy.No.18/1 of Chikkayagati
Village. On which basis, in Crime No.434/2021 had been
registered by the Hosadurga Police for offences
punishable under Sections 504, 323, 324, 506, 354,
447,34 of IPC.
8. The petitioner in Crl.P.No.7735/2025 had also filed
another complaint on 01.10.2021 alleging that it is the
respondents who had interfered with the possession as
regard which, FIR in Crime No.434 of 2021 was
registered by the Hosadurga Police Station for offences
under Section 504, 323, 324, 506, 354, 447 and 34 of
the IPC. Both in the Crl.P.No.7739/2025 and
Crl.P.No.7735/2025 charge sheet have been filed as
indicated in the prayer for the very said offences.
Subsequently, in the year 2024, one other altercation
occurred between the parties resulting in the respondents
in Crl.P.No.15185/2025 filing a complaint alleging that
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 12 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
the petitioners in Crl.P.No.15185/2025 had sought to
interfere with their possession as also assaulted them. As
regards which FIR in Crime No. 348/2024 was registered
by the Hosadurga Police for offences under punishable
Sections 329(3), 352, 115(2), 74, 54, 351(2) and (3)(5)
of the Bharathiya Nyaya Sanhita (BNS), 2023.
9. The petitioners in Criminal Petition No. 15185/2025 had
also filed a complaint on the very same day as regards
the very same incident, as regards which FIR in Crime
No. 349/2024 was registered by the Hosadurga Police
Station for offences punishable under Sections 189(2),
191(2), 329(3), 352, 74, 118(1), 351(2) and 190 of BNS,
2023.
10. In both the matters, the submission made by the
respective counsel is that a criminal colour is being given
to a civil dispute. Inasmuch as, once earlier a suit in
O.S.No.38/1988 had been filed for declaration of
permanent injunction as regards the very same property
which came to be decreed in favour of the father of the
petitioners in Crl.P.No.7735/2025 and subsequently
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 13 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
execution proceedings had been filed in EP No.25/2014
which came to be dismissed on 20.07.2018.
Subsequently a suit in OS No. 188 of 2020 had been filed
by the petitioners in Crl.P.No.15185/2025, seeking for
permanent injunction in respect of land in Sy.No.17/1,
which is nothing but the re-numbered Sy.No.18/1. The
allegations made in each of the complaints filed by the
respective complainant is that the other has sought to
interfere with the possession. In some of the complaints,
other serious offences have also been alleged against
each other.
11. Considering that earlier a suit in OS No.38/1988 had been
filed. And now a suit in OS No. 188 of 2020 is pending as
regards the very same property, where the rights of the
parties, including the status of the property and
possession, are required to be determined. This Court is
of the considered opinion that unless such determination
is arrived at, the continuation of the criminal proceedings
would not serve any purpose.
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 14 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
12. Both the counsels, having been put on notice, have
submitted that they have advised their respective clients
to await the result of the pending civil proceedings. In
that view of the matter, considering that the criminal
complaints arose on account of a property dispute
between the parties as regards which civil proceedings
are pending, it would not be in the interest of justice to
prosecute the respective petitioners in all the above
petitions for criminal offences arising from such civil
disputes.
13. As such, this Court passes the following:
ORDER
(i) Criminal petitions in Crl.P.Nos.7739/2025,
7735/2025, 15185/2025 and 15188/2025 are allowed .
(ii) Proceedings in C.C.No.1272/2022 on the file of Prl.
Civil Judge & J.M.F.C, Hosadurga for the alleged offences
punishable under Sections 114, 504, 323, 354, 447, 506
r/w Section 149 of Indian Penal Code, 1860 in
Crl.P.No.7739/2025 is quashed .
(iii) Proceedings in C.C.No.1826/2024 on the file of
Prl.Civil Judge & J.M.F.C, Hosadurga, for the alleged
offences punishable under Sections 189(2), 191 (2),
329 (3), 352, 74, 118 (1), 351 (2) and 190 of the
Bharatiya Nyaya Sanhita, in Crl.P.No.7735/2025 is
quashed .
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
- 15 -
HC-KAR
NC: 2026:KHC:59470
CRL.P No. 15185 of 2025
C/W CRL.P No. 7735 of 2025
CRL.P No. 7739 of 2025
AND 1 OTHER
CNR: KAHC010716232025
(iv) Proceedings in C.C.No.1364/2024 (Crime
No.348/2024) on the file of learned Prl.Civil Judge
and JMFC, Hosadurga, registered against the
petitioners for the alleged offences under Sections
329(3), 352, 115(2), 74, 54, 351(2), 3(5) of the
Bharatiya Nyaya Sanhita, vide Annexure-A and D in
Crl.P.No.15185/2025 is quashed .
(v) Proceedings in C.C.No.1184/2022 (Crime
No.434/2021) on the file of learned Civil Judge and
JMFC, Hosadurga, registered against the petitioners
for the alleged offences punishable under Sections
323, 324, 354, 504, 506 and 34 of Indian Penal Code
vide Annexure-A and D in Crl.P.No.15188/2025 is
quashed .
Digitally Signed By:
SURAJ GOVINDA RAJ
05/11/2026, 13:38, Bengaluru
Verified
(SURAJ GOVINDARAJ)
JUDGE
RU
List No.: 2 Sl No.: 32