Karnataka High Court
CRL.P/104517/2025 of SHRI RUDRAPPA ALIAS RAVI S/O SHEKHAPPA MALAGI Vs THE STATE OF KARNATAKA on 19 February 2026
NC: 2026:KHC-D:2629 CRL.P No. 104517 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104517 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI RUDRAPPA @ RAVI S/O SHEKHAPPA MALAGI AGE 39
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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 104517 OF 2025 (482(CR.PC)/528(BNSS))
BETWEEN:
SHRI RUDRAPPA @ RAVI S/O SHEKHAPPA MALAGI
AGE 39 YRS OCC. AGRICULTURE,
R/O. PATTIHAL KS, TQ. BAILHONGAL,
DIST. BELAGAVI 591104.
…PETITIONER
(BY SRI. R.H. ANGADI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
(BAILAHONGAL POLICE STATION) BELAGAVI
R/BY STATE PUBLIC PROSECUTOR,
THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH DHARWAD 580011.
2.
SMT SAVAKKA MALAGI
W/O BASAVANNEPPA @ JINNAPPA
AGE 71 YEARS OCC. FARMER,
R/O. PATTIHAL KS,
TQ. BAILHONGAL DIST. BELAGAVI 591104.
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. LINGESH V. KATTEMANE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S.
528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS IN BAILHONGAL POLICE STATION IN P.S. CRIME NO.
261/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
118(1), 351(2), 352, OF BNS-2023 (U/SEC 323, 503, 504 OF IPC.)
PENDING IN C.C. NO.241/2025, ON THE FILE OF PRINCIPAL CIVIL
JUDGE AND JMFC, BAILAHONGAL, SO FAR AS PETITIONER WHO IS
ARRAYED AS ACCUSED, IN THE INTEREST OF JUSTICE.
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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri R.H. Angadi, learned counsel for the petitioner; Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1; and Sri Lingesh V. Kattemane, learned counsel for respondent No.2.
2. The petitioner is the accused in C.C. No.241/2025. He has approached this Court with the following prayer in this petition: “Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly and graciously prayed that, this Hon’ble Court be pleased to quash the entire criminal proceedings in Bailhongal police station in P.S. Crime No.261/2024, for the offences punishable under Sections 118(1), 351(2), 352 of BNS-
(u/Sec 323, 503, 504 of IPC) pending in C.C.No.241/2025 on the file of the principal Civil Judge and JMFC, Bailhongal, so far as petitioner who is arrayed as accused, to meet the end of justice.”
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3. The facts in a nutshell, which are necessary for the disposal of the present petition are as under: Respondent No.2 filed a complaint before the Bailahongal Police Station on 06.12.2024, which came to be registered as Crime No.261/2024.
4. The parties are in dispute with regard to the land bearing Survey No.24/2 of Pattihal K.S., Village, Bailahongal Taluk. The property is stated to be ancestral in nature. A civil suit was filed seeking partition of the said property, and the matter is presently pending before the Hon’ble Apex Court in proceedings initiated by respondent No.2, challenging the judgment of this Court.
5. When the matter stood thus, the petitioner herein is said to have demanded 6 acres of land and picked up a quarrel on 04.12.2024 at about 11.00 a.m. It is alleged that he obstructed the enjoyment of the land, where sugarcane was being sown.
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6. After a thorough investigation, the Police have filed the charge sheet.
7. The learned Trial Magistrate has taken cognizance of the offences alleged against the petitioner and has issued process. The said order is called in question in the present petition.
8. Sri R.H. Angadi, learned counsel for the petitioner, contends that, in order to gain an upper hand in the pending civil litigation, a false complaint came to be lodged and seeks quashing of the pending proceedings.
9. Per contra, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1 and Sri.Lingesh V. Kattemane, learned counsel for respondent No.2, support the order taking cognizance and contend that the trial should proceed in respect of the incident alleged to have occurred on 04.12.2024.
10. Having heard the arguments of both sides, this Court has meticulously perused the material on record. On such perusal, it is seen that the incident, as alleged in
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Column No.17 of the charge sheet, has taken place. However, as to who was the aggressor in the said incident is a matter to be decided only after a full-fledged trial.
11. Admittedly, there exists enmity between the petitioner and respondent No.2 on account of the division of the ancestral property bearing Survey No.24/2 of Pattihal K.S., Village, Bailahongal Taluk, which is now pending consideration before the Hon’ble Apex Court.
12. Thus, at this stage, this Court is satisfied that the grounds urged in the petition are not sufficient to quash the pending criminal proceedings.
13. Accordingly, the following order is passed:
ORDER
i. The petition is dismissed.
ii. It is made clear that this Court has not expressed any opinion on the merits of the case, and the parties are at liberty to canvass
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all their respective contentions before the Trial Court, in accordance with law.
Sd/- (V.SRISHANANDA) JUDGE
AC CT-CMU LIST NO.: 1 SL NO.: 64