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NC: 2026:KHC-D:4718 CRL.P No. 104815 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CRIMINAL PETITION NO.104815 OF 2025 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

1. SMT. NAGAMMA W/O. LATE MANJAPPA, AGE: 50 YEARS, OCC: AGRICULURE,

R/O. BATTANAHALLI VILLAGE, KOTTUR, DIST. VIJAYANAGAR-583135.

2. SHRI NAGARAJA S/O. LATE HANUMANTHAPPA, AGE: 50 YEARS, OCC: AGRICULTURE COOLIE,

R/O. BATTANAHALLI VILLAGE, KOTTUR, DIST. VIJAYANAGAR-583135.

3. SHRI RAJA @ RUDRESHA S/O. NAGARAJA, Digitally signed by MALLIKARJUN AGE: 27 YEARS, OCC: DRIVER, RUDRAYYA KALMATH

L C o o c u a r t t i o o n f : High R/O. BATTANAHALLI VILLAGE, KOTTUR, Karnataka, Dharwad Bench DIST. VIJAYANAGAR-583135.

4. SMT. NIRMALA W/O. LATE KOTRESHA, AGE: 25 YEARS, OCC: HOUSEWIFE,

R/O. BATTANAHALLI VILLAGE, KOTTUR, DIST. VIJAYANAGAR-583135.

…PETITIONERS (BY SRI R. H. ANGADI, ADVOCATE)

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NC: 2026:KHC-D:4718 CRL.P No. 104815 of 2025

HC-KAR AND:

1. THE STATE OF KARNATAKA, (KOTTUR POLICE STATION),

VIJAYANAGARA, R/BY STATE PUBLIC PROSECUTOR, THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD-580011.

2. SMT. RUKKAMMA W/O. SATVADI SUNKAPPA, AGE: 60 YEARS, OCC: LABOURER,

R/O. BATTANAHALLI VILLAGE, KOTTUR, DIST. VIJAYANAGAR-583135.

…RESPONDENTS (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;

SRI VIJAYKUMAR K. KOTIN, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED U/S.482 OF THE CODE OF CRIMINAL PROCEDURE, (U/S.528 OF BNSS), PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN KOTTURU POLICE STATION IN P.S. CRIME NO.144/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 126(2), 189(2), 190, 191(2), 351(2), 352, 74 OF BNS-2023 (U/S. 323, 341, 142, 149, 147, 503, 504, 354 OF IPC) PENDING IN C.C. NO.43/2025, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KUDLIGI COURT, BALLARI, SO FAR AS PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 4, TO MEET THE ENDS OF

JUSTICE.

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

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NC: 2026:KHC-D:4718 CRL.P No. 104815 of 2025

HC-KAR

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

Though the petition is listed for admission, with

consent of both the learned counsel appearing for the

parties, the matter is taken up for final disposal.

2. This criminal petition is filed by the

petitioners/accused Nos.1 to 4 under Section 482 of Code of Criminal Procedure (Cr.P.C)/528 of Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS), praying to quash the

entire criminal proceedings, with the following prayer:

”PRAYER

Wherefore, for these and amongst other grounds to be urged at the time of hearing, it is most humbly and graciously prayed that, this Hon’ble Court be pleased to quash the entire criminal proceedings in Koturu Police Station in P.S. Crime No.144/2024, for the offences punishable under Sections 115(2), 126(2), 189(2), 190, 191(2), 351(2), 352, 74 of BNS-2023 (U/Sec 323, 341, 142, 149, 147, 503, 504, 354 of IPC.) pending in C.C. No.43/2025, on the file of Senior Civil Judge and JMFC, Kudligi Court, Ballari, so far as petitioners who are arrayed as accused No.1 to 4, to meet the ends

of justice.”

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NC: 2026:KHC-D:4718 CRL.P No. 104815 of 2025

HC-KAR

3. It is the brief case of prosecution as per the FIR

and complaint averments that there was a property dispute concerning the land of the complainant. Under this property dispute, it is alleged that one Nagamma was trying to encroach upon the land of the complainant, which is adjacent to the land of accused No.1 and have assaulted the complainant and outraged the modesty of the daughter of the complainant; therefore, in this background, the petitioners/accused Nos.1 to 4 have committed the offences

as alleged and the crime is registered as above stated. 4. Heard the arguments of both the learned counsel

appearing on behalf of the petitioners/accused Nos.1 to 4 and learned HCGP appearing on behalf of respondent No.1/State and learned counsel appearing on behalf of

responden