SRI. DODDAMUNIYAPPA vs STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 17 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO. 10908 OF 2025

(482(Cr.PC) / 528(BNSS)-)

BETWEEN:

1. SRI. DODDAMUNIYAPPA
S/O. LATE YALLAPPA,
AGED ABOUT 68 YEARS.

2. SRI. MUNIRAJU.B.M.
S/O. MUNIYAPPA
AGED ABOUT 35 YEARS.

3. SRI. SAMPATH KUMAR.B.M.
S/O.MUNIYAPPA,
AGED ABOUT 34 YEARS.

4. SRI. HARISH.B.M.
S/O. MUNIYAPPA,
AGED ABOUT 34 YEARS.

5. SRI. SRINIVAS.B.D.,
S/O.DODDA THIPPANNA,
AGED ABOUT 42 YEARS.

6. SRI. DODDA THIPPANNA,
S/O YALLAPPA,
AGED ABOUT 57 YEARS.

7. SRI. SRINIVASALU.R.A.,
S/O. AMARANATH,
AGED ABOUT 20 YEARS.

8. SRI. YALLAPPA.B.D.
S/O DODDATHIPPANNA,
AGED ABOUT 35 YEARS.











Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025



9. SMT. LAKSHMAMMA,
W/O. DODDATHIPPANNA,
AGED ABOUT 47 YEARS.

10. SRI. NARAYANAPPA,
S/O. YALLAPPA
AGED ABOUT 38 YEARS.

11. SMT. NARAYANAMMA,
W/O NARAYANAPPA,
AGED ABOUT 36 YEARS.

12. SRI. PRAVEEN KUMAR.B.N.,
S/O.NARAYANAPPA,
AGED ABOUT 25 YEARS.

ALL ARE RESIDING AT
BITNAHALLI VILLAGE, MASTHIHIBLI,
MALUR TALUK,
KOLAR DISTRICT-563139

…PETITIONERS
(BY SRI. MANJUNATHA B T.,ADVOCATE)

AND:

1. STATE OF KARNATAKA
BY MASTHI POLICE STATION,
MALUR TALUK, KOLAR DISTRICT,
PIN CODE 563139

REPT BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BENGALURU-560001

2. SRI.MURALI,
S/O SRI.CHIKKATHIPPA,
AGED ABOUT 34 YEARS,
RESIDING AT BITNAHALLI VILLAGE,
MASTHI HOBLI,
MALUR TALUK,
KOLAR DISTRICT-563139.
…RESPONDENTS
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025


(BY SRI. RANJEETH KUMAR., HCGP FOR R1;
V/O/D 29.07.2025, NOTICE TO R2 IS DEFERRED)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS REGISTERED IN CC.NO.1136/2025 WHICH IS
PENDING ON THE FILE OF THE 1ST ADL. CIVIL JUDGE AND JMFC AT
MALUR, AS AGAINST THE PETITIONERS HEREIN AS ACCUSED NO.1
TO 12 FOR ALLEGED OFFENCES P/U/S. 189(2), 191(2), 191(3),
115(2), 118(1), 74, 352, 351(2), R/W 190 OF THE BNS, 2023 AND
ETC.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER


1. The petitioners are before this Court seeking for the
following reliefs:

1. Quash the entire criminal proceedings registered in
CC.No.1136/2025 which is pending on the file of
the 1st Addl. Civil Judge and JMFC at Malur, as
against the petitioners herein as accused No.1 to
12 for alleged offences p/u/s. 189(2), 191(2),
191(3), 115(2), 118(1), 74, 352, 351(2), r/w 190
of the BNS, 2023.

2. Grant such other relief’s as this Hon’ble Court
deems fit to grant on the facts and circumstances
of the case and interest of justice.


2. Respondent No. 2 lodged a complaint on 21.04.2025,
on the basis of which FIR in Crime No. 60/2025 came
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025


to be registered by Masthi Police Station, Kolar Sub-
Division, for the offences punishable under Sections
115(2), 118(1), 189(2), 190, 191(2), 191(3), 352
and 76 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Upon completion of the investigation, a charge sheet
came to be filed on 22.04.2025 for the aforesaid
offences. It is challenging the said proceedings that
the petitioners are before this Court.

3. The allegation in the complaint is that on
20.04.2025, between 3.00 p.m. and 4.00 p.m., when
Respondent No. 2 and his father were sowing
coriander seeds in their field, the petitioners came to
the said field and threatened them, stating that they
should not have sown coriander seeds as there was a
dispute concerning the property. It is further alleged
that the petitioners abused Respondent No. 2 and his
father and assaulted them with a stick and an iron
rod. When the mother of Respondent No. 2
intervened, she was also allegedly assaulted. In the
circumstances, Respondent No. 2 and his family
members were taken to SNR Hospital for treatment,
following which the complaint came to be lodged.

4. Learned counsel for the petitioners submits that
there are civil disputes pending between the parties.
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025


In this regard, it is submitted that Accused Nos. 6
and 10 had filed a suit in O.S. No. 53/2017 against
one Sri Ananda @ Anandappa, son of
Chikkabachappa, seeking a decree of permanent
injunction restraining interference with the property
bearing Survey No. 88, measuring 2 acres 25 guntas,
including 20 guntas of karab, situated at Bitahalli
Village, Masthi Hobli, Malur Taluk, Kolar District. An
order of injunction had been passed in the said suit
on 08.02.2017.

5. Learned counsel further submits that another suit
had been filed by Accused Nos. 6, 2, 11 and 10, in
which Chikkathippanna was arrayed as Defendant
No. 3 and Ananda, son of Sri Chikkabachappa, was
arrayed as Defendant No. 6.

6. It is submitted that Respondent No. 2 is the son of
Chikkathippanna and that the complaint has been
lodged only on account of the pending civil disputes
between the parties. On this basis, learned counsel
contends that the criminal proceedings are intended
to give a criminal colour to a civil dispute and,
therefore, are liable to be quashed.

7. Learned High Court Government Pleader, relying
upon Annexure-H produced along with the petition,
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025


submits that Murali, son of Chikkathippanna, Accused
No. 11, and Pushpa had lodged a complaint on
20.04.2025, alleging that an altercation had taken
place on the same day at about 3.30 p.m., during
which Yellappa, Srinivas and Doddathippanna had
assaulted them. On the basis of the said complaint,
Crime No. 62/2025 came to be registered by Masthi
Police Station for the offences punishable under
Sections 115(2), 118(1), 351(2) and 352 read with
Section 3(5) of the BNS.

8. Learned High Court Government Pleader submits that
the complaints in Crime Nos. 60/2025 and 62/2025
relate to the very same incident that occurred on
20.04.2025. Both complaints have been investigated
and charge sheets have been filed in both cases. The
matters are now pending before the trial Court. In
the circumstances, it is submitted that this Court
ought not to interfere with the proceedings at this
stage.

9. Heard learned counsel for the petitioners and learned
High Court Government Pleader appearing for
Respondent No. 1. Notice to Respondent No. 2 has
been deferred. Perused the papers.
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025



10. The principal contention of learned counsel for the
petitioners is that civil disputes are pending between
the family members of the petitioners and
Respondent No. 2, including a suit for injunction and
a suit for partition. It is contended that the complaint
has been lodged only to give a criminal colour to the
said civil disputes.

11. The said contention cannot be accepted in the facts
and circumstances of the present case. It is not in
dispute that a complaint has also been lodged by the
petitioners' side in respect of the very same incident,
which came to be registered as Crime No. 62/2025.
Both complaints relate to the incident that occurred
on 20.04.2025 at about 3.30 p.m.

12. The allegations in both complaints indicate that an
altercation took place between the parties and that
each side has accused the other of assault and other
offences. Both complaints have been investigated
and charge sheets have been filed against the
respective accused persons, including the petitioners
and Respondent No. 2 and his family members.

13. In the circumstances, the existence of civil disputes
between the parties cannot, by itself, be a ground to
conclude that the criminal proceedings are an abuse
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025


of process. The allegations in the complaints, the
material collected during investigation and the wound
certificates placed on record indicate that an incident
involving physical assault is alleged to have occurred.

14. This Court is of the considered opinion that the
allegations in the two complaints arise out of the
same incident and that the respective cases would
have to be adjudicated by the competent trial Court
in accordance with law. The proceedings in both
cases ought to be conducted in a manner that
enables the Court to consider the rival versions of
the parties and the evidence relating to the incident,
in accordance with the applicable procedure and the
directions issued by this Court and the Hon'ble
Supreme Court from time to time.

15. In view of the allegations made in the complaints and
the wound certificates placed on record, it cannot be
said that no incident has occurred or that the
proceedings are wholly devoid of criminal allegations.
This Court, therefore, does not find any ground to
exercise its inherent powers under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash
the proceedings.
Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru
Verified

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HC-KAR
NC: 2026:KHC:59082
CRL.P No. 10908 of 2025


CNR: KAHC010489502025



16. Reserving liberty to the petitioners to raise all their
defences before the trial Court, the petition stands
dismissed.

Digitally Signed By:
SURAJ GOVINDA RAJ
29/10/2026, 13:40, Bengaluru

Verified
(SURAJ GOVINDARAJ)
JUDGE




LN
List No.: 1 Sl No.: 34