BASANGOUDA ALIAS AJJIGOUDA S/O. GURUNATHGOUDA PATIL vs THE STATE OF KARNATAKA

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2025 Supreme(Online)(KAR) 4969

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101311 OF 2022 (482(CR.PC)/528(BNSS))
BETWEEN:
1. BASANGOUDA @ AJJIGOUDA S/O. GURUNATHGOUDA PATIL AGE: 70 YEARS, OCC: AGRI., R/O: AMARGOL VILLAGE, TQ: NAVALGUND, DISTRICT: DHARWAD-582 208.
2. NAGARAJGOUDA S/O MALLANAGOUDA PATIL, AGE: 49 YEARS, OCC: AGRI., R/O: AMARGOL VILLAGE, TQ: NAVALGUND, DISTRICT: DHARWAD-582 208.
3. JAGADISHGOUDA S/O GURUNAGOUDA PATIL, AGE: 70 YEARS, OCC: AGRI., Digitally signed by B K R/O: AMARGOL VILLAGE, MAHENDRAKUMAR B M AK HENDRAKUMAR L Co Oc Uat Rio Tn O: FHIGH TQ: NAVALGUND, K ARNATAKA DHARWAD BENCH DISTRICT: DHARWAD-582 208.
Date: 2025.02.11 15:51:46 +0530 … PETITIONERS (BY SRI. DAYANAND M. BANDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, THROUGH NAVALGUND POLICE STATION, REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, 580 011.
2. AMUL S/O DATTATREYA DESHKULAKARNI, AGE: 37 YEARS, OCC: BANK EMPLOYEE, #86, PAMPA NIVAS, VIJAYANAGAR, MAIN ROAD,HUBBALLI.-580 020.
… RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
SRI. K.L. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.249/2014 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC NAVALGUND AS AGAINST THE PETITIONERS ACCUSED NO.1 TO 3 FOR THE OFFENCES UNDER SECTIONS 323, 341, 447, 504, 506, 188 R/W 34 OF I.P.C. IN CRIME NO.34/2014 LODGED BY THE 1^ST RESPONDENT NAVALGUND POLICE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

Petitioner Advocates:DAYANAND M BANDI ,Respondent Advocate:

ORAL ORDER

1. The petitioners/accused, who have been charge-

sheeted for offences punishable under Sections 323, 188, 341, 447, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC), have approached this Court seeking relief.

2. The prosecution alleges that on 22.02.2014, at around

10 p.m., while the complainant and his workers were harvesting chickpea crops, the accused persons, despite the subsistence of a temporary injunction order and in violation of the same, criminally trespassed into the land. They allegedly questioned the complainant about the harvesting, abused him in filthy language, assaulted him, and restrained him from harvesting the crops.

3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1 – State, and the learned counsel for respondent No.2 – complainant.

4. The injured complainant was not examined by a doctor to establish that he sustained simple injuries due to the alleged assault by the accused. A perusal of the statements of the witnesses to the incident reveals that the allegations against the petitioners are omnibus and general in nature. There is no specific overt act attributed to each of the accused detailing how and in what manner they assaulted or abused the complainant in filthy language.

5. The dispute between the parties is civil in nature, as evident from the pending suit in O.S. No.136/2012, filed by the complainant seeking a permanent injunction. In cases of breach of a temporary injunction, an appropriate remedy is available under Order XXXIX Rule 3A of the Code of Civil Procedure, 1908. Therefore, solely on the basis of omnibus and general allegations, specific charges cannot be framed against the petitioners by the Trial Court in the absence of a specific overt act. Consequently, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law.

6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.249/2014 pending before the Civil Judge and JMFC, Navalgund, are hereby quashed.

7. Pending applications, if any, are disposed of as not surviving for consideration.

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