SHRI. MALLIKARJUN v. THE STATE OF KARNATAKA

THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100726 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN:

1. SHRI. MALLIKARJUN S/O SUGAPPA HOSAMANI AGE 52 YEARS, OCC. FARMER R/O. KALAMANGI 584128 TQ. SINDHANUR, DIST. RAICHUR.

2. SMT RATNAMMA S/O MALLIKARJUN HOSAMANI AGE 47 YEARS, OCC. FARMER R/O. KALAMANGI 584128 TQ. SINDHANUR, DIST. RAICHUR.

3. SHRI VEERESHA S/O MALLIKARJUN HOSAMANI AGE 27 YEARS, OCC. FARMER R/O. KALAMANGI 584128 TQ. SINDHANUR, DIST. RAICHUR. CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

4. SHRI YANKAPPA S/O BHIMAPPA BELLADAMARADI AGE 37 YEARS, OCC. FARMER R/O. ANTRAGANGEI 584124 TQ. MASKI, DIST. KOPPAL. (BY SRI. VIJAYA KUMAR BALAGERIMATH, ADVOCATE) …PETITIONERS AND:

THE STATE OF KARNATAKA (THROUGH TAVARGERA PS) BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATKA BENCH, AT DHARWAD 580011. - 2 - NC: 2026:KHC-D:525 CRL.P No. 100726 of 2025 HC-KAR

SMT SANGEETA MUDAKANAGOUDA POLICE PATIL AGE 31 YEARS, OCC. HOUSEWIFE R/O. S GANGANAL 583277 TQ. KUSTAGI AND DIST. KOPPAL. (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. B. SHARANABASAWA, ADVOCATE FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH IMPUGNED COMPLAINT DATED 27.01.2023 AS PER ANNEXURE-E, REGISTRATION OF THE IMPUGNED FIR IN CRIME NO. 15/2023 FOR THE OFFENCES P/U/SEC. 323, 354, 448, 504, 506, 34 OF IPC BY TAVARGERE POLICE STATION AS PER ANNEXURE-F AND ORDER OF COGNIZANCE AND ISSUANCE OF CONSEQUENTIAL 03.07.2023 PROCEEDINGS PENDING IN CC NO. 598/2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, KUSTAGI THE OFFENCES P/U/SEC. 323, 354, 504, 506, 448, R/W SEC. 34 OF IPC AGAINST THE PETITIONERS NO. 1 TO 4/ACCUSED NO. 1 TO 4 AS PER ANNEXURE-H, IN THE INTEREST OF JUSTICE AND EQUITY. PROCESS DATED AND THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri. Vijayakumar Balagerimath, learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned High Court Government Pleader respondent No.1 Sri.B.Sharanabasava, learned counsel for respondent No.2.

2. Petitioner is accused in CC No.598/2023 on the file of Civil Judge and JMFC, Kustagi. - 3 - NC: 2026:KHC-D:525 CRL.P No. 100726 of 2025 HC-KAR

According to the petitioner, there is a counter case. Same is not disputed by learned counsel for the petitioner. Whenever a case and counter case is filed and in both the cases, charge sheets are filed, the Courts are required to adhere to the directions issued by this Court in the Full Bench judgment of State of Karnataka, Circle Inspector of Police v. Hoskeri Ningappa reported in ILR 2012 KAR 509 and conduct the trial.

Therefore, prayer of the petitioner for quashing the pending criminal case cannot be considered.

Accordingly, following: i. ii. ORDER Petition is dismissed. Learned Trial Judge is directed to conduct the case and counter case strictly in accordance with the directions issued by this Court in the Full Bench judgment of State of Karnataka, Circle Inspector of Police v. Hoskeri Ningappa supra. KAV Ct-cmu/LIST NO.: 2 SL NO.: 44 Sd/- (V.SRISHANANDA) JUDGE