Karnataka High Court
CRL.P/105379/2025 of NIKHILKUMAR S/O MANOHAR NIRMANIK Vs THE STATE OF KARNATAKA on 19 February 2026
NC: 2026:KHC-D:2648 CRL.P No. 103444 of 2025 C/W CRL.P No. 105379 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.103444 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION
HC-KAR
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.103444 OF 2025
(482(CR.PC)/528(BNSS))
C/W
CRIMINAL PETITION No.105379 OF 2025
IN CRL.P No.103444/2025
BETWEEN:
1.
VEERANAGOUDA
S/O. SANGANAGOUDA POLICE PATIL
AGE ABOUT 70 YEARS, OCC. ADVOCATE,
R/O. BASEL MISSION COMPOUND,
BETAGERI-582102, TQ. AND DIST. GADAG.
2.
NITIN
S/O. VEERANAGOUDA POLICE PATIL
AGE ABOUT 39 YEARS, OCC. ADVOCATE,
R/O. BASEL MISSION COMPOUND,
BETAGERI-582102,
TQ. AND DIST. GADAG.
3.
SMT. RAJESHWARI
D/O. VEERANAGOUDA POLICE PATIL
AGE ABOUT 39 YEARS, OCC. HOUSEHOLD WORK, R/O. BASEL MISSION COMPOUND, BETAGERI-582102, TQ. AND DIST. GADAG.
…PETITIONERS
(BY SRI. M.M. PATIL, ADVOCATE)
HC-KAR
AND:
1.
THE POLICE SUB INSPECTOR
BETAGERI POLICE STATION GADAG
REP. BY ADDL. SPP
HIGH COURT BUILDING,
DHARWAD-580001.
2.
NIKHILKUMAR S/O MANOHAR NIRMANIK
AGE. 29 YEARS, OCC. STUDENT,
R/O. BASEL MISSION COMPOUND,
BETAGERI GADAG, DIST. GADAG- 582102.
…RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR 1; SRI. GOURISHANKAR MOT, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE
FIR AND FILING OF CHARGE SHEET IN SC.No.53/2024
PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS
JUDGE GADAG ARISING OUT OF CRIME No.126/2022
BETAGERI POLICE STATION GADAG, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 323, 324, 308, 354, 504, 506
R/W.34 OF THE IPC, IN SO FOR AS THE PETITIONERS
/ACCUSED Nos.1 TO 3 ARE CONCERNED, IN THE INTEREST OF
JUSTICE.
IN CRL.P No.105379/2025
BETWEEN:
1.
NIKHILKUMAR S/O MANOHAR NIRMANIK
AGE. 30 YEARS, OCC. STUDENT,
R/O. BASHEL MISSION COMPOUND,
BETAGERI, TQ. AND DIST. GADAG 582102.
HC-KAR
2.
SHWETA D/O MANOHAR NIRMANIK
AGE. 25 YEARS, OCC. LECTURER,
R/O. BASHEL MISSION COMPOUND,
BETAGERI, TQ. AND DIST. GADAG 582102.
3.
SUNITA W/O MANOHAR NIRMANIK
AGE. 58 YEARS, OCC. TEACHER,
R/O. BASHEL MISSION COMPOUND,
BETAGERI, TQ. AND DIST. GADAG 582102.
...PETITIONERS
(BY SRI. GOURISHANKAR MOT, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BETAGERI POLICE STATION, GADAG
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD 580011.
2.
VEERANGOUD S/O SANGANAGOUDA POLICE PATIL
AGE. 73 YEARS, OCC. LAW PRACTITIONER,
R/AT. BASEL MISSION, COMPOUND BETAGERI,
TQ. AND DIST. GADAG 582102.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2)
THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDING
AGAINST THE ACCUSED No.1, 3 AND 4/PETITIONERS
PENDING ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT GADAG IN S.C. NO. 60/2024
ARISING OUT OF BETAGERI POLICE STATION CRIME
NO.125 OF 2022 FOR THE OFFENCE PUNISHABLE U/SEC
323, 324, 308, 354, 504, 506 R/W 34 OF IPC, IN THE
INTEREST OF JUSTICE.
HC-KAR
THESE PETITIONS, 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)
Parties present. There is no possibility of amicable settlement between the parties. Hence, petitions are taken up for disposal on merits.
2. These two petitions arise out of an incident said to have occurred on 22.12.2022. Complaint and counter complaint came to be lodged. In both the cases, police have investigated the matter and filed charge sheet.
3. Matters are now pending before the District Court at Gadag. Since the allegations and counter allegations have resulted in filing the charge sheet.
4. In the light of the dictum of the Full Bench of this Court in the case of State of Karnataka, by Circle Inspector of Police vs. Hosakeri Ningappa and another reported in ILR 2012 KAR 509, this Court cannot exercise the powers under
HC-KAR
Section 482 of the Code of Criminal Procedure to quash the pending proceedings.
5. Accordingly, the following:
ORDER
(i) Petitions are dismissed.
(ii) Learned Trial Judge shall try both the case and counter case strictly in accordance with the guidelines issued in the case of Hosakeri Ningappa supra.
Sd/- (V.SRISHANANDA) JUDGE
kcm CT-CMU LIST NO.: 1 SL NO.: 119