IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200247 OF 2025 BETWEEN:

1. SRI DEVARAJ S/O YANKAPPA, AGED ABOUT 30 YEARS, OCC: LABOURER, R/O. WARD NO.12, RAMAKRISHNA COLONY, MASKI, TQ. MASKI DIST. RAICHUR–584124.

2. SRI RAGHAVENDRA S/O YANKAPPA, AGED ABOUT 28 YEARS, OCC: LABOURER, R/O. WARD NO.17, RAMAKRISHNA COLONY, MASKI, TQ.MASKI DIST. RAICHUR–584124.

3. SRI NAGARAJ S/O YALLAPPA, AGED ABOUT 27 YEARS, OCC: LABOURER, R/O. WARD NO.12, RAMAKRISHNA COLONY, MASKI, TQ. MASKI DIST. RAICHUR – 584124.

4. SRI MOUNESH S/O HANUMANTHA AGED ABOUT 24 YEARS, OCC: LABOURER, R/O. HALAPUR VILLAGE, TQ. MASKI, DIST. RAICHUR–584124.

5. SRI RAVI S/O HANUMANTHA AGED ABOUT 26 YEARS, OCC: LABOURER, R/O. SANTE BAZAR, NEAR MUDIYAPPA TEMPLE, RAMAKRISHNA COLONY, MASKI, TQ. MASKI DIST. RAICHUR–584124.

…PETITIONERS (BY SRI SHIVASHARANA REDDY, ADV.)

AND:

1. THE STATE OF KARNATAKA, THROUGH SHO., BALAGANOOR POLICE STATION, REPRESENTED BY, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI–585103.

2. SMT. SWAPNA W/O DURUGAPPA, AGED ABOUT 30 YEARS, OCC: LABOURER, R/O. HASAMAKAL VILLAGE, TQ. MASKI, DIST. RAICHUR – 584124.

…RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1)

THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS (NEW) PRAYING TO ALLOW THE PETITION AND FURTHER QUASH THE CHARGE SHEET AND ENTIRE PROCEEDING IN CC NO.387/2024 BALAGNOOR PS DIST RAICHUR IN CRIME NO. 08/2024 ON THE FILE OF CIVIL JUDGE AND JMFC MASKI. REGISTERED AGAINST THE PETITIONERS/ACCUSED NO.1 TO 5, FOR THE COMMISSION OF ALLEGED OFFENCES PUNISHABLE U/SEC. 143, 147, 148, 448, 323, 324, 354, 427, 504, 506 R/W 149 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Accused in C.C.No.387/2024 pending before the Court of Civil Judge & JMFC, Maski, arising out of Crime No.8/2024 registered by Balaganoor Police Station, Raichur District, for the offences punishable under Sections 143, 147, 148, 448, 323, 324, 354, 427, 504, 506 read with 149 IPC, are before this Court under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in the aforesaid criminal case.

2. Heard the learned Counsel for the petitioners and the learned HCGP for respondent no.1.

3. Learned Counsel for the petitioners having reiterated the grounds urged in the petition submits that there is a delay of more than 48 hours in submitting the first information. He submits that only as a counter to the FIR registered in Crime No.6/2024, wherein the husband of the defacto complainant herein is one of the accused, the present proceedings is initiated as against the petitioners. He submits that the allegations found in the first information and the charge sheet against the petitioners are absurd and inherently improbable, and therefore, continuation of the impugned criminal proceedings as against the petitioners is bad in law.

4. Per contra, learned HCGP has opposed the petition. He submits that after investigation, charge sheet has been filed against the petitioners for the aforesaid offences. The charge sheet allegations are supported by material evidence which prima facie makes out a case as against the petitioners herein. The victims have suffered injuries in the incident in question and the accused persons have committed the alleged offences after trespassing into a dwelling house. Accordingly, he prays to dismiss the petition.

5. The material on record would go to show that FIR in Crime No.6/2024 was registered by Balaganoor Police Station, against one Dodda Durugesh and others on the basis of the complaint given by Manjunath, Police Constable attached to Balaganoor Police Station. The alleged incident, which had resulted in registering FIR in Crime No.6/2024 had taken place at about 17.30 hours on 08.01.2024 near Gudadoor Bridge Canal,