Karnataka High Court
CRL.P/4677/2019 of DASHARATHA Vs STATE OF KARNATAKA BY on 17 September 2026
CNR: KAHC010171102019 NC: 2026:KHC:51014 CRL.P No. 4677 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.4677 OF 2019 BETWEEN: 1. DASHARATHA S/O ERAPPA AGED ABOUT 40 YEARS R/AT HOSA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.4677 OF 2019
BETWEEN:
1.
DASHARATHA
S/O ERAPPA
AGED ABOUT 40 YEARS
R/AT HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
2.
RATNAMMA
D/O ERAPPA
AGED ABOUT 34 YEARS
R/AT HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
3.
SURESH @ SURESH CHANRA E
S/O ERANNA ERAPPA
AGED ABOUT 36 YEARS
R/AT NO.33, BUDHA JYOTHI LAYOUT
BANGALORE - 560 084
4.
ERAPPA
S/O GALAPPA
AGED ABOUT 67 YEARS
R/AT HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
5.
MANJULA
W/O DASHARATHA
AGED ABOUT 36 YEARS
R/AT HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
6.
JAYAMMA
W/O KATAPPA
AGED ABOUT 48 YEARS
R/AT HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
7.
JANARDHANA M
S/O MAHALINGAPPA
AGED ABOUT 26 YEARS
R/AT HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
…PETITIONERS
(BY SMT. GIRIJA PATIL, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY SRIRAMPURA POLICE STATION
CHITRADURGA - 577 533
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
HC-KAR
2.
KATAMMA
W/O GANGAPPA
AGED ABOUT 45 YEARS
HOSA GOLLARAHATTI VILLAGE
HOSADURGA TALUK
CHITRADURGA DISTRICT
CHITRADURGA - 577 533
…RESPONDENTS
(BY SRI MOHAMMED AYUB ALI, ADDL. SPP FOR R1; R2 – SERVED – UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE PROCEEDINGS IN C.C.NO.30/2019 (ARISING OUT
OF CR.NO.233/2018 OF SRIRAMPURA POLICE STATION, CHITRADURGA PENDING ON THE FILE OF ADDITIONAL CIVIL
JUDGE (JR.DN.) AND J.M.F.C., HOSADURGA, CHITRADURGA
FOR THE OFFENCES P/U/S 143, 144, 148, 323, 324, 354, 506
AND 504 R/W 149 OF IPC AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
This petition is filed praying this Court to quash the proceedings initiated against the petitioners/accused Nos.1 to 7 in C.C.No.30/2019 arising out of Crime No.233/2018 on the file of the Additional Civil Judge (Jr. Dn.) and JMFC Court, Hosadurga, Chitradurga for the offences punishable
HC-KAR
under Sections 143, 144, 148, 323, 324, 354, 506, 504 read with Section 149 of IPC.
2. Heard the learned counsel appearing for the respective parties.
3. The main ground urged in the petition is that the investigation is conducted by the Head Constable (HC-1091) and the same is as against the rules under 237 and 238 of Karnataka Police Manual Rules and, the same is contended in paragraph 8 of the petition and also taken note of the general duty of the Head Constable that he should take approval of the Sub Inspector or Inspector whenever possible, before leaving the station on routine duties and so also in respect of conducting of the investigation as contemplated under 238 Rules. On the said ground, prayed this Court to quash the proceedings initiated against the petitioners/accused Nos.1 to 7.
4. The counsel for the petitioners In support of his arguments, relies upon the judgment of this Court reported in ILR 2002 KAR 5151 in the case of STATE OF
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KARNATAKA vs CHIKKABALA NAIKA AND OTHERS wherein this Court held that there cannot be any investigation by the Head Constable. The principle laid down in the judgment is aptly applicable to the case on hand.
5. The counsel appearing for respondent No.1/State would vehemently contend that there is a specific allegation made in the complaint that petitioners have assaulted the complainant with the stone and stick and in this regard, the investigation is also conducted.
6. Having heard the learned counsel appearing for the respective parties and also on perusal of the material on record, it is very clear that CW1 is the complainant and CW2 is the punch witness and CW4 and CW5 are the eyewitnesses. CW6 speaks about giving of complaint and CW7 is the doctor who treated the complainant. But having perused the wound certificate, it does not disclose any injuries. The certificate issued by the doctor also does not disclose any injuries except history of assault at 07.30 p.m.
HC-KAR
and medical record is also not support with regard to the incident is concerned.
7. It is also important to note that investigation is conducted by the HC-1091 but he is not a competent person to conduct the investigation. He being a Head Constable cannot investigate the matter and file the charge sheet. Very filing of charge sheet is very defective. The material on record including the medical evidence not supported the case of the complainant and the conducting of investigation by the Head Constable is also not sustained under law. Hence, there cannot be any proceedings against the petitioners.
8. In view of the discussions made above, I pass the following:
ORDER
The petition is allowed. The proceedings initiated against the petitioners/accused Nos.1 to 7 in C.C.No.30/2019 arising out of Crime No.233/2018 on the file of the Additional Civil Judge
HC-KAR
(Jr. Dn.) and JMFC Court, Hosadurga, Chitradurga for the offences punishable under Sections 143, 144, 148, 323, 324, 354, 506, 504 read with Section 149 of IPC is hereby quashed.
Sd/- (H.P.SANDESH) JUDGE
SN