SHRI APPASAHEB A SHIRGAVE vs THE STATE OF KARNATAKA

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2026 Supreme(Online)(Kar) 25805

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
NC: 2026:KHC-D:6353
CRL.P No. 104513 of 2025
DATED THIS THE 28TH DAY OF APRIL, 2026
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.104513 OF 2025
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
1. SHRI APPASAHEB A. SHIRGAVE,
AGE: 58 YEARS,
OCC: SERVICE AS A M.D.,
R/O. SHANKARANAND NAGAR,
NIPANI, TAL. NIPANI,
DIST. BELAGAVI-591237.
2. SHRI MALAGOUDA PIRAGOUDA PATIL,
AGE: 76 YEARS, OCC: AGRIL. &
CHIRMAN OF THE SUGAR FACTORY,
R/O. JATRAT, TAL. NIPANI,
DIST. BELAGAVI-591237.
3. SHRI PAVANKUMAR MAHAVEER PATIL,
AGE: 55 YEARS,
OCC: AGRIL. & VICE CHAIRMAN
OF THE SUGAR FACTORY,
R/O. MANGUR, TAL. NIPANI,
TQ. NIPANI, DIST. BELAGAVI-591237.
4. SHRI RAVINDRA DHARAGOUDA PATIL,
AGE: 55 YEARS,
OCC: SERVICE AS A GENERAL MANAGER,
R/O. PLOT NO.2015, SECTOR-9,
M. M. EXTN, BELAGAVI,
DIST. BELAGAVI-590001.
5. SRI KEMPANNA NAGAPPA GIJAVANE,
AGE: 50 YEARS,
OCC: SERVICE AS A GENERAL MANAGER
PROCESS & CHIEF CHEMIST,
A/P. NEAR MAHALAXMI MANDIR,
MUTNAL, TAL. GADHINGLAJ,
DIST. KOLHAPUR,
MAHARASHTRA-416502.
6. SRI AMOL SHANKAR KAMATE,
AGE: 35 YEARS,
OCC: SERVICE AS A GODOWN KEEPER,
R/O. MANGUR, TAL. NIPANI,
DIST. BELAGAVI-591237.
7. SRI VIJAY KHADAKBHAVI,
AGE: 45 YEARS,
OCC: SERVICE AS A SALES MANAGER,
R/O. KARGAON, TAL. CHIKODI,
DIST. BELAGAVI-591201.
8. SRI BHUJANGA J. DAVARI,
AGE: 61 YEARS,
OCC: SERVICE AS A SECURITY OFFICER,
R/O. DOLLORS COLONY,
SHIRGUPPI ROAD, NIPANI,
TAL. NIPANI, DIST. BELAGAVI-591237.
9. SRI APPASAHEB SHIVRAM JOLLE,
AGE: 60 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. EXAMBA, TAL. CHIKODI,
DIST. BELAGAVI-591201.
10. SRI VISHWANATH SADASHIV KAMATE,
AGE: 66 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. KHADAKLAT, TAL. CHIKODI,
DIST. BELAGAVI-591201.
11. SHRI AVINASH ANNASAHEB PATIL,
AGE: 56 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. NANGANUR, TAL. NIPANI,
DIST. BELAGAVI-591237.
12. RAMAGONDA BALAGONDA PATIL,
AGE: 74 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. JANAWAD, TAL. CHIKODI,
DIST. BELAGAVI-591201.
13. SRI SUKUMAR BABURAO PATIL,
(VIDE ORDER DATED 07.04.2026
PETITIONER NO.13 IS DELETED).
14. SRI SAMIT BABASAHEB SASANE,
AGE: 38 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. PADALIHAL, TAL. NIPANI,
DIST. BELAGAVI-591237.
15. SRI JAYKUMAR APPASAHEB KHOT,
AGE: 61 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. SHAMANEWADI, TAL. CHIKODI,
DIST. BELAGAVI-591201.
16. SRI PRAKASH RAJARAM SHINDE,
AGE: 55 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. BHIVASHI, TAL. NIPANI,
DIST. BELAGAVI-591237.
17. SRI RAMESH MAHADEV PATIL,
AGE: 50 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. BENADI, TAL. NIPANI,
DIST. BELAGAVI-591237.
18. SRI RAVASAHEB DATTU FARALE,
AGE: 65 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. AKKOL, TAL. NIPANI,
DIST. BELAGAVI-591237.
19. SRI SHARAD BALASAHEB JANGATE,
AGE: 45 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. BORGAON, TAL. NIPANI,
DIST. BELAGAVI-591237.
20. SRI VINAYAK RAMAGONDA PATIL,
AGE: 32 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. RAMPUR, TAL. CHIKODI,
DIST. BELAGAVI-591201.
21. SRI JAYWANT GANGARAM BHATALE,
AGE: 55 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. AKKOL ROAD,
NIPANI, TAL. NIPANI,
DIST. BELAGAVI-591237.
22. SRI SUHAS SIDRAM GUGE,
AGE: 58 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. AKKOL, TAL. NIPANI,
DIST. BELAGAVI-591237.
23. SOU. GEETA W/O. SUNIL PATIL,
AGE: 50 YEARS,
OCC: HOUSEHOLD WORK &
DIRECTOR OF THE SUGAR FACTORY,
R/O. MAHADEV GALLI,
NIPANI, TAL. NIPANI,
DIST. BELAGAVI-591237.
24. SMT. VAISHALI KIRAN NIKADE,
AGE: 40 YEARS, OCC: HOUSEHOLD
& DIRECTOR OF THE SUGAR FACTORY,
R/O. KURLI, TAL. NIPANI,
DIST. BELAGAVI-591237.
25. SRI SHRIKANT CHOODAPPA BANNE,
AGE: 42 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. GALATAGA, TAL. NIPANI,
DIST. BELAGAVI-591237.
26. SRI RAJU
@ RAJENDAR SHANTILAL SHAHA,
AGE: 58 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. MANIK NAGAR,
OPP. SUB REGISTRAR OFFICE,
NIPANI TAL, DIST. BELAGAVI-591237.
...RESPONDENTS
(SRI V. M. SHEELVANT, ADV. FOR PETITIONER NO.1 TO 12
AND 14 TO 26;
V/O. DATED 07.04.2026 PETITIONER NO.13-DELETED)
AND
1. THE STATE OF KARNATAKA,
BY BASAWESHWAR CHOWK P.S.,
R/BY THE ADDITIONAL
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
2. DATTATRAY APPASAHEB LATKAR,
AGE: 57 YEARS, OCC: FARMER
AT: 2001, AKKOL ROAD,
LATKAR HOUSE, TQ. NIPPANI,
DIST. BELAGAVI-591237.
3. DATTATRAY ANANT KULKARNI,
AGE: 54 YEARS, OCC: FARMER,
AT: BUDIHAL, TQ. NIPPANI,
DIST. BELAGAVI-591317.
4. BABASO RAMANGONDA KHOKATE,
AGE: 44 YEARS, OCC: FARMER,
AT JATRAT, TQ. NIPPANI,
DIST. BELAGAVI-591237.
5. RAJSHREE SANJAY WAQH,
AGE: 55 YEARS, OCC: HOUSE HOLD,
AT: PATTANAKUDI, TQ. CHIKKODI,
DIST. BELAGAVI-591238.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
SRI PRASHANT MATHAPATI, ADV. FOR R2 TO R5;
SRI K. L. PATIL, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, (UNDER SECTION 528
OF BNSS, 2023) PRAYING TO QUASH THE PRIVATE COMPLAINT
FILED IN 703/2025 AND FIR REGISTERED IN BASAWESHWAR
CHOWK P.S. CRIME NO.57/2025 PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC, NIPPANI FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 318, 318(2),
320, 324, 303(2) R/W. SECTION 3(5) OF BNS AGAINST THE
PETITIONERS (ACCUSED NO. 1 TO 26), IN THE INTEREST OF
JUSTICE AND ETC.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
ORDERS AND COMING ON FOR PRONOUNCEMENT OF ORDERS
THIS DAY, THIS COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.104513 OF 2025
(482 OF Cr.PC/528 OF BNSS)
BETWEEN:
1. SHRI APPASAHEB A. SHIRGAVE,
AGE: 58 YEARS,
OCC: SERVICE AS A M.D.,
R/O. SHANKARANAND NAGAR,
NIPANI, TAL. NIPANI,
DIST. BELAGAVI-591237.
2. SHRI MALAGOUDA PIRAGOUDA PATIL,
AGE: 76 YEARS, OCC: AGRIL. &
CHIRMAN OF THE SUGAR FACTORY,
R/O. JATRAT, TAL. NIPANI,
DIST. BELAGAVI-591237.
3. SHRI PAVANKUMAR MAHAVEER PATIL,
AGE: 55 YEARS,
OCC: AGRIL. & VICE CHAIRMAN
OF THE SUGAR FACTORY,
R/O. MANGUR, TAL. NIPANI,
TQ. NIPANI, DIST. BELAGAVI-591237.
4. SHRI RAVINDRA DHARAGOUDA PATIL,
AGE: 55 YEARS,
OCC: SERVICE AS A GENERAL MANAGER,
R/O. PLOT NO.2015, SECTOR-9,
M. M. EXTN, BELAGAVI,
DIST. BELAGAVI-590001.
5. SRI KEMPANNA NAGAPPA GIJAVANE,
AGE: 50 YEARS,
OCC: SERVICE AS A GENERAL MANAGER
PROCESS & CHIEF CHEMIST,
A/P. NEAR MAHALAXMI MANDIR,
MUTNAL, TAL. GADHINGLAJ,
DIST. KOLHAPUR,
MAHARASHTRA-416502.
6. SRI AMOL SHANKAR KAMATE,
AGE: 35 YEARS,
OCC: SERVICE AS A GODOWN KEEPER,
R/O. MANGUR, TAL. NIPANI,
DIST. BELAGAVI-591237.
7. SRI VIJAY KHADAKBHAVI,
AGE: 45 YEARS,
OCC: SERVICE AS A SALES MANAGER,
R/O. KARGAON, TAL. CHIKODI,
DIST. BELAGAVI-591201.
8. SRI BHUJANGA J. DAVARI,
AGE: 61 YEARS,
OCC: SERVICE AS A SECURITY OFFICER,
R/O. DOLLORS COLONY,
SHIRGUPPI ROAD, NIPANI,
TAL. NIPANI, DIST. BELAGAVI-591237.
9. SRI APPASAHEB SHIVRAM JOLLE,
AGE: 60 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. EXAMBA, TAL. CHIKODI,
DIST. BELAGAVI-591201.
10. SRI VISHWANATH SADASHIV KAMATE,
AGE: 66 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. KHADAKLAT, TAL. CHIKODI,
DIST. BELAGAVI-591201.
11. SHRI AVINASH ANNASAHEB PATIL,
AGE: 56 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. NANGANUR, TAL. NIPANI,
DIST. BELAGAVI-591237.
12. RAMAGONDA BALAGONDA PATIL,
AGE: 74 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. JANAWAD, TAL. CHIKODI,
DIST. BELAGAVI-591201.
13. SRI SUKUMAR BABURAO PATIL,
(VIDE ORDER DATED 07.04.2026
PETITIONER NO.13 IS DELETED).
14. SRI SAMIT BABASAHEB SASANE,
AGE: 38 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. PADALIHAL, TAL. NIPANI,
DIST. BELAGAVI-591237.
15. SRI JAYKUMAR APPASAHEB KHOT,
AGE: 61 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. SHAMANEWADI, TAL. CHIKODI,
DIST. BELAGAVI-591201.
16. SRI PRAKASH RAJARAM SHINDE,
AGE: 55 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. BHIVASHI, TAL. NIPANI,
DIST. BELAGAVI-591237.
17. SRI RAMESH MAHADEV PATIL,
AGE: 50 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. BENADI, TAL. NIPANI,
DIST. BELAGAVI-591237.
18. SRI RAVASAHEB DATTU FARALE,
AGE: 65 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. AKKOL, TAL. NIPANI,
DIST. BELAGAVI-591237.
19. SRI SHARAD BALASAHEB JANGATE,
AGE: 45 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. BORGAON, TAL. NIPANI,
DIST. BELAGAVI-591237.
20. SRI VINAYAK RAMAGONDA PATIL,
AGE: 32 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. RAMPUR, TAL. CHIKODI,
DIST. BELAGAVI-591201.
21. SRI JAYWANT GANGARAM BHATALE,
AGE: 55 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. AKKOL ROAD,
NIPANI, TAL. NIPANI,
DIST. BELAGAVI-591237.
22. SRI SUHAS SIDRAM GUGE,
AGE: 58 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. AKKOL, TAL. NIPANI,
DIST. BELAGAVI-591237.
23. SOU. GEETA W/O. SUNIL PATIL,
AGE: 50 YEARS,
OCC: HOUSEHOLD WORK &
DIRECTOR OF THE SUGAR FACTORY,
R/O. MAHADEV GALLI,
NIPANI, TAL. NIPANI,
DIST. BELAGAVI-591237.
24. SMT. VAISHALI KIRAN NIKADE,
AGE: 40 YEARS, OCC: HOUSEHOLD
& DIRECTOR OF THE SUGAR FACTORY,
R/O. KURLI, TAL. NIPANI,
DIST. BELAGAVI-591237.
25. SRI SHRIKANT CHOODAPPA BANNE,
AGE: 42 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. GALATAGA, TAL. NIPANI,
DIST. BELAGAVI-591237.
26. SRI RAJU
@ RAJENDAR SHANTILAL SHAHA,
AGE: 58 YEARS, OCC: AGRIL. &
DIRECTOR OF THE SUGAR FACTORY,
R/O. MANIK NAGAR,
OPP. SUB REGISTRAR OFFICE,
NIPANI TAL, DIST. BELAGAVI-591237.
...RESPONDENTS
(SRI V. M. SHEELVANT, ADV. FOR PETITIONER NO.1 TO 12
AND 14 TO 26;
V/O. DATED 07.04.2026 PETITIONER NO.13-DELETED)
AND
1. THE STATE OF KARNATAKA,
BY BASAWESHWAR CHOWK P.S.,
R/BY THE ADDITIONAL
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
2. DATTATRAY APPASAHEB LATKAR,
AGE: 57 YEARS, OCC: FARMER
AT: 2001, AKKOL ROAD,
LATKAR HOUSE, TQ. NIPPANI,
DIST. BELAGAVI-591237.
3. DATTATRAY ANANT KULKARNI,
AGE: 54 YEARS, OCC: FARMER,
AT: BUDIHAL, TQ. NIPPANI,
DIST. BELAGAVI-591317.
4. BABASO RAMANGONDA KHOKATE,
AGE: 44 YEARS, OCC: FARMER,
AT JATRAT, TQ. NIPPANI,
DIST. BELAGAVI-591237.
5. RAJSHREE SANJAY WAQH,
AGE: 55 YEARS, OCC: HOUSE HOLD,
AT: PATTANAKUDI, TQ. CHIKKODI,
DIST. BELAGAVI-591238.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
SRI PRASHANT MATHAPATI, ADV. FOR R2 TO R5;
SRI K. L. PATIL, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, (UNDER SECTION 528
OF BNSS, 2023) PRAYING TO QUASH THE PRIVATE COMPLAINT
FILED IN 703/2025 AND FIR REGISTERED IN BASAWESHWAR
CHOWK P.S. CRIME NO.57/2025 PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC, NIPPANI FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 318, 318(2),
320, 324, 303(2) R/W. SECTION 3(5) OF BNS AGAINST THE
PETITIONERS (ACCUSED NO. 1 TO 26), IN THE INTEREST OF
JUSTICE AND ETC.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR
ORDERS AND COMING ON FOR PRONOUNCEMENT OF ORDERS
THIS DAY, THIS COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CAV ORDER

This petition is filed by Accused Nos.1 to 26 under Section 482 of Code of Criminal Procedure¹1 Hereinafter referred to as “Cr.P.C.” r/w Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023²2 Hereinafter referred to as “BNSS, 2023”, seeking to quash the criminal proceedings, as per the prayer set out below:

“WHEREFORE, for these and among other grounds to be urged at the time of hearing it is most humbly prayed before this Hon’ble court that this Hon’ble Court may kindly be pleased to:

a. Quash the Private Complaint filed in 703/2025 and FIR registered in Basaweshwar Chowk PS crime No.57/2025 pending on the file of Prl.Civil Judge and JMFC, Nippani for the offences punishable U/s 316(2), 318, 318(2), 320, 324, 303(2) R/w 3(5) of BNS against the petitioners (Accused No.1 to 26) in the interest of Justice.

b. Pass any other reliefs as this Hon’ble Court deems fit in the ends of justice”.

2. Respondent Nos.2 to 5, who are the complainants, have filed a private complaint under Section 200 of Cr.P.C., stating that they are agriculturists and members of a sugar factory, namely Sri Halasidanath Sahakari Sakkare Karakhane Ltd., Nippani³3 Hereinafter referred to as “ the factory”. The complainants are sugarcane growers and, being registered members of the factory, supply sugarcane to it. The factory is registered under the Multi-State Co-operative Societies Act, 2002.

3. The petitioners/accused are the Chairman, Vice-Chairman, Managing Director, officers, office bearers, directors, and members of the Managing Committee of the factory. They are in control of the day-to-day management, affairs, and transactions of the factory, as per the provisions of the Act and the bye-laws.

4. It is alleged that all the accused, acting in collusion, falsified records and reports relating to sugar production by illegally diverting and storing approximately 50,000 quintals of sugar in a godown during the crushing season 2024–25, and thereafter gradually selling the same for personal gain. This allegedly caused heavy losses to the factory and to the sugarcane growers, amounting to offences of theft, fraud, and cheating. The complainants, being agriculturists, have also suffered losses due to the acts of the accused.

5. The factory purchases sugarcane from growers and manufactures sugar and ethanol. As per the Sugarcane (Control) Order, 1966⁴4 Hereinafter referred to as “Order, 1966”, sugar is an essential commodity, and the Central Government fixes the Fair and Remunerative Price⁵5 Hereinafter referred to as “FRP” payable to growers, as well as the minimum selling price of sugar. For the crushing season 2024–25, the FRP was fixed at Rs.340 per quintal (Rs.3,400 per metric tonne) at a basic recovery rate of 10.25%.

6. It is stated that during the said season, the factory crushed 630,457.972 metric tonnes of sugarcane between 08.11.2024 and 13.02.2025, showing an official recovery of 11.43%. However, it is alleged that the factory actually produced approximately 50,000 quintals more sugar than reported, but the same was not recorded, thereby reducing the recovery rate from an actual 12.20% to 11.43%. This allegedly resulted in a loss of approximately Rs.16.11 crores to the growers.

7. The complainants claim that they visited the factory and its godowns and observed excess sugar bags beyond what was recorded. They further state that such excess stock was being sold between 14.12.2024 and 10.01.2025. A complaint was lodged with the Commercial Tax Department. Upon inspection conducted on 21st and 22nd April 2025, officials found 5,084 excess bags of sugar in one godown. It is alleged that the accused had already sold a substantial quantity of unrecorded sugar prior to inspection. A notice dated 23.04.2025 was issued, and the accused paid a penalty of Rs.97,99,410/-, thereby admitting illegal acts and offence. According to the complainants, this confirms the existence of unrecorded stock and illegal diversion.

8. The complainants submit that the accused, in

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