SHRI GRUNATHAGOUDA NARAPPAGOUDA DODDAGOUDRA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17536
CRL.P No. 100071 of 2026
CNR: KAHC020006882026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.100071 OF 2026
(482(CR.PC)/528(BNSS)
BETWEEN:
1. SHRI GURUNATHAGOUDA NARAPPAGOUDA
DODDAGOUDRA
S/O. HANUMANTHA GOUDA
AGED ABOUT 50 YEARS, OCC: AGRICULTURE
R/A. NALAVADI VILLAGE, ANNIGERI,
DHARWAD, KARNATAKA-580023.
2. SMT. HEMAVATHI GURUNATHGOUDA DODDAGOUDRA
W/O. GURUNATHGOUDA DODDAGOUDRA,
AGED ABOUT 43 YEARS, OCC: AGRICULTURE,
R/O. NALAVADI VILLAGE, ANNIGERI,
DHARWAD, KARNATAKA-580023.
3. SHRI HANUMANTHAGOUDA BHEEMANAGOUDA PATIL
S/O. BHEEMANAGOUDA PATIL
AGED ABOUT 76 YEARS,
OCC: AGRICULTURE,
R/A NALAVADI VILLAGE,
ANNIGERI, DHARWAD,
KARNATAKA-580023.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: High
Court of Karnataka,
Dharwad Bench,
Dharwad
4. SHRI NEETISHGOUDA GURUNATHGOUDA
DODDAGOUDRA
S/O. GURUNATHGOUDA DODDAGOUDRA,
AGED ABOUT 20 YEARS,
OCC: AGRICULTURE,
R/A. NALAVADI VILLAGE,
ANNIGERI, DHARWAD.
KARNATAKA- 580023.
… PETITIONERS
(BY SRI. NAYANA KUMAR, ADVOCATE)
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NC: 2026:KHC-D:17536
CRL.P No. 100071 of 2026
CNR: KAHC020006882026
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
ADDITIONAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD,
THROUGH PSI, ANNIGERI POLICE STATION,
NAVALGUND CIRCLE, DIST: DHARWAD.
2. SMT. MANJULA DODDAGUODRA
W/O. PRAKASHGOUD,
AGED ABOUT 65 YEARS,
OCC: HOUSEWIFE,
R/O. NALAVADI VILLAGE,
ANNIGERI, DHARWAD,
KARNATAKA-580023.
… RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1,
SRI. SACHIN C. ANGADI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS,
2023, PRAYING TO QUASH THE CRIME NO.104/2023 REGISTERED BY
THE ANNIGERI P.S. FOR THE OFFENCES PUNISHABLE UNDER
SECTION 323, 354, 447, 504, 506 R/W 34 OF I.P.C AND
SUBSEQUENT CRIMINAL PROCEEDINGS IN C.C.NO.1526/2024
PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT NAVALGUND,
INITIATED AGAINST THE PETITIONERS/ ACCUSED NOS. 1 TO 4 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 354, 447, 504,
506 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:17536
CRL.P No. 100071 of 2026
CNR: KAHC020006882026
ORAL ORDER
PER:HON'BLE MR. JUSTICE VENKATESH NAIK T
Heard Sri.Nayana Kumar, learned counsel for the
petitioners and Sri.Praveena Y.Devareddiyavara, learned
HCGP for the respondent No.1 – State.
2. This petition is filed by the petitioners/accused
Nos.1 to 4 under Section 482 of Cr.P.C., seeking to quash
the entire proceedings in C.C.No.1526/2024, pending on
the file of learned Civil Judge and JMFC, Navalgund arising
out of Crime No.104/2023 of Annigeri Police Station
registered for the offences punishable under Sections 323,
354, 447, 504, 506 read with Section 34 of Indian Penal
Code, 1860.
3. The brief facts of the prosecution case in
nutshell are as under:
de facto
The complainant and the petitioners are
relatives and there is civil litigation between both the
parties in respect of their family properties. On 31.08.2023
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CRL.P No. 100071 of 2026
CNR: KAHC020006882026
at about 11:00 a.m., these petitioners trespassed into the
de facto
land of the complainant and picked up quarrel
de facto
with CW.5. Hence, the complainant and his family
members went to the land and objected to the act of the
petitioners. At that time, these petitioners quarreled with
them, abused them in filthy language, intentionally
insulted them to provoke breach of peace, outraged the
de facto
modesty of complainant by assaulting her and
also assaulted them with stones, hands and legs. Hence,
complainant lodged the complaint to the respondent –
Police, which led to registration of an FIR and initiation of
the investigation. The Investigating Officer investigated
the matter and filed the charge-sheet. Taking exception of
the same, the petitioners – accused Nos.1 to 4 have filed
this petition.
4. Learned counsel for the petitioners – accused
Nos.1 to 4 vehemently contended that there is a property
dispute between both the parties. It is contended that
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CRL.P No. 100071 of 2026
CNR: KAHC020006882026
these petitioners have been falsely implicated in this case
and there are no materials so as to connect these
petitioners to the case. Further, the charge-sheet material
do not discloses the commission of alleged offences.
Hence, cognizance taken by the learned Magistrate is
without any substance. Accordingly, the learned counsel
prayed to allow the petition.
5. Learned HCGP vehemently contended that the
charge-sheet materials clearly disclose the commission of
alleged offence and now the matter is set-down for trial.
At this juncture, the petition is not maintainable and once
charge is framed, the petition under Section 482 of
Cr.P.C., is not maintainable. Hence, learned HCGP prayed
for rejection of petition.
6. Perused the materials available on record.
7. Though there is a civil dispute between the
de facto
petitioners and the complainant with regard to
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CRL.P No. 100071 of 2026
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properties, the material on record indicate that, on the
relevant date and time, these petitioners picked up quarrel
de facto
with the complainant and CW.4 and assaulted
them with their hands. They intentionally insulted to
de
provoke breach of peace, outraged the modesty of
facto
complainant and voluntarily caused threat to them.
8. As per the order sheet maintained by the trial
Court, the trial Court framed charges against the
petitioners/accused persons and the matter is set down for
trial. This aspect is not disputed by the learned counsel for
the petitioners. Therefore, framing of charges signifies that
the Court, after perusing the charge sheet material,
believes that there is sufficient grounds to proceed with
trial. Now the petitioners – accused Nos.1 to 4 are
disputing the question of fact. This Court cannot delve into
disputed question of facts, while exercising jurisdiction
under Section 482 of Cr.P.C. Moreover, the Trial Court
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CRL.P No. 100071 of 2026
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posted the matter for trial. Hence, there is no merit in this
petition.
dismissed
Accordingly, the petition is hereby .
Pending I.As., if any, stand disposed off, as it do not
survive for any consideration.
Sd/-
(VENKATESH NAIK T)
JUDGE
AM
CT:GSM
LIST NO.: 1 SL NO.: 24