JAGANNATH vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 11204 OF 2023
(482(Cr.PC) / 528(BNSS)-)
C/W
CRIMINAL PETITION NO. 8427 OF 2023 (482(Cr.PC)
/ 528(BNSS)-)
IN CRL.P No. 11204/2023
BETWEEN:
1. SRI RUDRESHA
SON OF LATE DHUMAPPA,
AGED ABOUT 49 YEARS,
RESIDING AT KURUBARA BEEDI,
NEAR BEERALINGESHWARA TEMPLE,
CHANNAGIRI TOWN,
DAVANAGERE DISTRICT
PIN CODE-577213.
2. SRI.K.S. CHIKKAPPA
SON OF LATE SIDDAPPA,
AGED ABOUT 49 YEARS,
RESIDING AT KANNADASALLU BHADAVANE,
MALLIGERE ROAD,
CHANNAGIRI TOWN,
DAVANAGERE DISTRICT
PIN CODE-577213.
…PETITIONERS
(BY SRI. P.M. GOPI., ADVOCATE FOR
SRI. SIDDAMALLAPPA P M.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
CHANNAGIRI POLICE STATION,
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 2 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
CHANNAGIRI,
DAVANAGERE DISTRICT,
PIN CODE-577213
REPRESENTED BY SPP,
GOVERNMENT OF KARNATAKA,
HIGH COURT BUILDING,
BANGALORE-560 001.
2. SRI.G.S. JAGANNATH
SON OF SRIKANTAIAH G.M
AGED ABOUT 52 YEARS,
RESIDING AT GOUDRA BEEDHI,
CHANNAGIRI TOWN,
DAVANAGERE DISTRICT
PIN CODE-577213.
…RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
SMT. ARCHANA MURTHY.P., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE
PRAYING TO CALL FOR THE RECORDS IN C.C.NO.2329/2021 OF THE
ST
FIRST RESPONDENT NOW PENDING ON THE FILE OF THE 1 ADDL.
CIVIL JUDGE AND JMFC, CHANNAGIRI AND ETC.
IN CRL.P NO. 8427/2023
BETWEEN:
1. JAGANATHA
S/O SRIKANTAYYA
AGE 51 YEARS,
OCC AGRICULTURIST,
R/O CHANNAGIRI TOWN,
DAVANAGERE DIST. 577001
2. SMT. SHAILAJA
W/O JAGANNATH
AGE 45 YEARS,
OCC HOUSEWIFE,
R/O CHANNAGIRI TOWN,
DAVANAGERE DIST - 577001
...PETITIONERS
(BY SMT. ARCHANA MURTHY.,ADVOCATE)
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 3 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
CHANNAGIRI CIRCLE, CHANNAGIRI PS
DVANAGERE DIST. 577213.
2. RUDRESH
S/O DUMMAPPA
R/AT KURUBAARA BEEDI
AGE 46 YRS,
R/O KURUBARA BEEDI,
CHANNAGIRI TOWN
DAVANAGERE - DIST. 577001
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1;
SRI. P.M. GOPI., ADVOCATE FOR
SRI. P.N. SIDDAMALLALPPA., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE
CHARGE SHEET FILED BY THE RESPONDENT NO.1 IN
C.C.NO.2287/2021 DATED 09.01.2021 ON THE FILE OF I
ADDITIONAL CIVIL JUDGE AND J.M.F.C., CHANNAGIRI,
DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 323, 504, 506
R/W 34 OF IPC.
THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners in Crl.P.No.11204/2023 are before
this Court seeking for the following reliefs:
1. Call for records in C.C.No.2329/2021 of the R1 now
st
pending on the file of 1 Additional Civil Judge and
JMFC, Channagiri.
2. To quash the entire criminal proceedings initiated in
st
C.C.No.2329/2021 before the 1 Additional Civil
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 4 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
Judge and JMFC, Channigiri, Davanagere District for
offence punishable under Section: 323, 324, 114,
447, 354, 504, 506, read with Section 34 of IPC,
registered in Crime No.0174/2020 of Channigiri
Police as per Annexure-C now pending on the file of
st
1 Additional Civil Judge and JMFC, Channagiri by
allowing the above petition with exemplary cost in
the interest of justice and equity.
2. The petitioners in Crl.P.No.7132/2023 are before this
Court seeking for the following reliefs:
“Quash the charge sheet filed by the respondent
no.1 in C.C.No.2287/2021 dated 09.01.2021 on the
file of I Additional Civil Judge and J.M.F.C.,
Channagiri, Davanagere District for the offence
p/u/s 323, 504, 506 r/w 34 of IPC .”
3. A complaint had been filed by respondent No.2 in
Crl.P.No.11204/2023 on 19.05.2020 alleging that the
petitioners had on 19.05.2020 assaulted the
complainant and as such it was alleged that offences
under Section 323, 324, 114, 447, 354, 504, 506 r/w
Section 34 of IPC had been committed. Two days
later, respondent No.2 in Crl.P.No.8427/2023 had
filed a complaint stating that on 19.05.2020 at 10:30
a.m. the petitioners in Crl.P.No.11204/2023 had
assaulted respondent No.2 and abused him with
filthy language. It is challenging the respective
complaints against them that the petitioners are
before this Court.
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 5 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
4. Heard Sri.P.M.Siddamallappa., learned counsel for
the petitioner and Ms.Archana Murthy.P., learned
counsel for respondent in Crl.P.No.11204 of 2023.
5. Essentially, the submission of learned counsel
appearing for both parties is that the dispute arose
out of a property dispute concerning land bearing Sy.
No. 99/3, measuring 3 acres and 21 guntas. In
respect of the said property, O.S. No. 127/2019 was
instituted seeking a decree of permanent injunction,
and a decree came to be passed on 08.08.2023. It is
stated that the disputes between the parties
escalated thereafter.
6. Both learned counsel submit that the respective
complaints lodged by the parties against each other
are false and have been initiated with the intention of
gaining an advantage in the dispute concerning the
aforesaid property, notwithstanding the decree of
injunction passed in O.S. No. 127/2019.
7. Having perused the material on record, this Court
finds that the institution of O.S. No. 127/2019 and
the passing of the decree dated 08.08.2023 are not
in dispute. It is also evident that the parties are
embroiled in a dispute concerning the property
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 6 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
bearing Sy. No. 99/3, measuring 3 acres and 21
guntas.
8. The allegations of assault made in the respective
complaints are not supported, on the material placed
before this Court, by wound certificates indicating the
occurrence of any grievous injuries. Having regard to
the nature of the allegations, the admitted property
dispute and the circumstances in which the
complaints came to be lodged, it appears that the
criminal proceedings have been initiated in the
course of the underlying civil dispute, giving it a
criminal colour. In these circumstances, the
continuation of the proceedings would require
scrutiny in the light of the nature of the allegations
and the material available on record.
9. In that view of the matter, this Court passes the
following;
ORDER
i. Criminal petitions are allowed .
ii. In Crl.P.No.11204/2023, the proceedings in
st
C.C.No.2329/2021 before the 1 Additional Civil
Judge and JMFC, Channigiri, Davanagere
District for offence punishable under Section:
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
- 7 -
HC-KAR
NC: 2026:KHC:57134
CRL.P No. 11204 of 2023
C/W CRL.P No. 8427 of 2023
CNR: KAHC010565432023
323, 324, 114, 447, 354, 504, 506, read with
Section 34 of IPC, registered in Crime
No.0174/2020 of Channigiri Police at per
st
Annexure-C now pending on the file of 1
Additional Civil Judge and JMFC, Channagiri, is
quashed.
iii. In Crl.P.No.8427/2023, the charge sheet filed
by the respondent No.1 in C.C.No.2287/2021
dated 09.01.2021 on the file of I Additional Civil
Judge and J.M.F.C., Channagiri, Davanagere
District, is quashed.
Digitally Signed By:
SURAJ GOVINDA RAJ
15/10/2026, 13:38, Bengaluru
Verified
(SURAJ GOVINDARAJ)
JUDGE
SR
List No.: 1 Sl No.: 0