IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 478 OF 2026 BETWEEN:

1. SRI. T .SIDDAPPA, S/O. T. RANGAPPA, AGED ABOUT 58 YEARS, AGRICULTURIST, R/O. MAIN ROAD, NEAR NEW BAVIKERE, KALMANE VILLAGE, SHIKARIPURA TALUK - 577 214.

2. SRI. NAGARAJ, S/O. RANGAPPA, AGED ABOUT 50 YEARS

3. SRI. KARIBASAPPA R S/O RANGAPPA Digitally AGED ABOUT 57 YEARS signed by SANJEEVINI J KARISHETTY

4. RAGHAVENDRA N Location: High Court of S/O NAGARAJ T Karnataka AGED ABOUT 23 YEARS

5. PRAJWAL.R.K, S/O. KARIBASAPPA, AGED ABOUT 20 YEARS, ALL THE PETITIONERS 2 TO 5 ARE RESIDENTS OF S.S ROAD, KALMANE VILLAGE, SHIKARIPURA TALUK - 577 214.

…PETITIONERS (BY SRI. H. DEVENDRAPPA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY RURAL POLICE, SHIKARIPURA, REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 01.

2. SRI. RAVEESH, S/O. ISHWARAPPA, AGED ABOUT 24 YEARS, R/O. CHOUDIHALLI, KALMANE VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA - 577 214.

…RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1)

THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS)

PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE 1st RESPONDENT POLICE ARISING OUT OF CR.NO.186/2025 (CC.NO.3871/2025) REGISTERED BY SHIKARIPURA RURAL POLICE AGAINST THE PETITIONERS/ACCUSED, PENDING BRFORE THE PRL. CIVIL JUDGE(JR.DN) AND JMFC COURT, SHIKARIPURA.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners – accused Nos.1 to 5 are before this Court seeking quashment of the proceedings in S.C.No.14/2026, pending before the Principal Civil Judge (Jr. Dn.) and JMFC, Shikaripura, for the offences punishable under Sections 189(2), 189(4), 191(2), 191(3), 329(4), 109, 118(1), 118(2), 115(2), 352 and 190 of the BNS.

2. Heard Sri. H. Devendrappa, learned counsel appearing for the petitioners and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1.

3. The petitioners are the accused in crime No.185/2025. The petitioners themselves have registered a crime against the complainant and others in crime No.186/2025. Therefore, the issue is a case and a counter case. While there is no warrant of interference in the case at hand for the reason that the allegation is of serious assault including attempt to murder. While the petitioners have alleged of the same offence against the others in a case and counter case, what is shocking is the State repeating the anomaly of appointing two different Investigating Officers, while the law is clear that there should be only one Investigating Officer in a case and a counter case. The State Government has issued a circular to that effect. The circular appears to have remained only in paper.

4. In an identical circumstance, this Court, in the case of GAJENDRA K.M. v. STATE, Criminal Petition No.6248 of 2024, disposed on 21.08.2024, has held as follows:

"…. …. ….

9. The afore-narrated facts are not in dispute.

The squabble between two warring factions i.e., the petitioners and the complainant and others is a matter of record, as one incident leaves two complaints. The incident happens on 07.01.2023; Two complaints emerge on 10.01.2023 and 12.01.2023; Two crimes are registered in Crime Nos.4/2023 and 5/2023, therefore it is a case and a counter case, as a solitary incident of assault, against each other results in the aforesaid crimes. The crimes are ostensibly registered before the same police station, as they are registered as a case and a counter case, but Investigating Officers are not the same they are different. Two Investigating Officers are directed to investigate into the crimes, which were alleging identical offences against each other. The offences alleged in the crime registered against these petitioners in Crime No.4/2023 are as follows:

"IPC 1860 (U/s 143, 147, 148, 323, 324 R/W 149)"

They were the ones punishable as aforesaid.

In Crime No.5/2023, the one regist