Karnataka High Court

CRL.P/4821/2026 of GIRISH Vs STATE OF KARNATAKA on 23 September 2026

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CNR: KAHC010221782026 NC: 2026:KHC:52412 CRL.P No. 4821 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 4821 OF 2026 BETWEEN: 1. GIRISH, S/O LATE V.M. VENKATA SHETTY AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

CRIMINAL PETITION NO. 4821 OF 2026

BETWEEN:

1.

GIRISH,

S/O LATE V.M. VENKATA SHETTY

AGED ABOUT 50 YEARS,

R/A KADABANAHALLI VILLAGE,

KASABA HOBLI, SAKALESHPURA TALUK,

HASSAN DISTRICT 573127.

2.

DEEPA B.A.

W/O GIRISH

AGED ABOUT 39 YEARS,

R/A KADABANAHALLI VILLAGE,

KASABA HOBLI,

SAKALESHPURA TALUK,

HASSAN DISTRICT 573127.

3.

RAJA SHETTY @ RAJASHEKAR V.M.

S/O MANJAPPA SHETTY

AGED ABOUT 63 YEARS,

R/A JANNAPURA,

VADARAHALLI VILLAGE,

KASABA HOBLI,

SAKALESHPURA TALUK,

HASSAN DISTRICT 573127.

4.

RAHUL R.

S/O RAJASHEKAR @ RAJA SHETTY

AGED ABOUT 28 YEARS,

R/A JANNAPURA,

VADARAHALLI VILLAGE,

KASABA HOBLI,

HC-KAR

SAKALESHPURA TALUK,

HASSAN DISTRICT 573127.

5.

MADHU @ MADHUKUMAR B.A

S/O ASHOKA B.S.

AGED ABOUT 43 YEARS,

R/A BIRADARAHALLI VILLAGE,

KASABA HOBLI,

SAKALESHPURA TALUK,

HASSAN DISTRICT 573127.

…PETITIONERS

(BY SRI SATHISHA D J, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

BY SAKALESHPURA TOWN POLICE STATION,

SAKALESHPURA CIRCLE HASSAN, 573127

REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

BANGALORE-560 001.

2.

SRI. VINAYA KUMAR K.M.

S/O RAJU, AGED ABOUT 38 YEARS

KASABA HOBLI,

SAKALESHPURA TALUK,

HASSAN DISTRICT 573127.

…RESPONDENTS

(BY SRI NAGHARISH G S, HCGP FOR R1,

SRI PRATHEEP K C, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528

BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING

THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW

THIS

PETITION

AND

QUASH

THE

REGISTRATION

OF

PROCEEDINGS

IN

C.C.NO.619/2025

FOR

THE

ALLEGED

OFFENCE P/U/S 126(2),115(2),117(2),351(2),352,190 OF BNS

2023 AT ANNEXURE-C PENDING BEFORE THE SENIOR CIVIL

JUDGE AND J.M.F.C AT SAKALESHPURA AGAINST THIS

PETITIONERS ARE CONCERNED.

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

Heard the learned counsel appearing for the petitioners, learned High Court Government Pleader appearing for respondent No.1-State and the learned counsel appearing for respondent No.2.

2. This petition is filed to quash the proceedings in C.C.No.619/2025 for the offences alleged under Sections 126(2), 324(4), 115(2), 351, 329(4), 352 and 190 of Bharatiya Nyaya Sanhita, 2023, pending before JMFC, Sakaleshpura.

3. Learned counsel appearing for the petitioners would submit that the complaint is filed as a counter blast to the civil dispute pending between the parties in respect of an agricultural land. The application filed by the petitioners seeking occupancy right is pending consideration before the Competent Authority. To put pressure on the petitioners to withdraw the claim relating to occupancy right, the complaint is filed.

HC-KAR

4. It is further submitted that the petitioners have filed a complaint against respondent No.2 relating to an incident and as a counter blast to the said complaint, the present complaint is filed.

5. It is also submitted that a complaint is filed by respondent No.2 relating to some other alleged incident and same is questioned and a stay order has been granted by this Court in Criminal Petition No.10371/2025. Thus, the learned counsel would contend that the present petition has to be allowed and the proceedings has to be quashed.

6. Learned High Court Government Pleader would submit that the Police, after investigation, have filed the charge sheet. There are eye-witnesses to the alleged incident and there is destruction of the property and there is an allegation of injury, and same is supported by the wound certificate. Thus, learned counsel would contend that the matter requires investigation/trial.

7. The Court has perused the contents of the complaint as well as the charge sheet materials.

HC-KAR

8. In the complaint, it is alleged that, the assault has taken place on 25.09.2025 around 11 a.m., because of the assault, the complainant has suffered injury and same was informed to the Police by dialling 112 and the victim was taken to the hospital and was treated.

9. The charge sheet materials, prima facie would indicate the injuries on the victim. There are eye-witnesses to the alleged incident. The contentions raised by the petitioners are based on disputed questions of facts.

10. Merely because the civil case is pending before the competent Civil Court, that does not mean that the prosecution of this nature has to be quashed.

11. Under these circumstances, the Criminal Petition is dismissed. All contentions are kept open.

(ANANT RAMANATH HEGDE) JUDGE

GVP List No.: 1 Sl No.: 0

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