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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF JULY 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.100747/2021

BETWEEN

1.

MANJUNATH S/O YALLAPPA KADAM

AGE. 40 YEARS, OCC. AGRICULTURE,

R/O. KURBUR ONI, HAVERIPETH,

DHARWAD.

2.

BASAVARAJ S/O YALLAPPA KADAM

AGE. 49 YDARS, OCC. AGRICULTURE,

R/O. KURBUR ONI,

HAVERIPETH, DHARWAD.

3.

YALLAPPA S/O TIPPANNA KADAM

AGE. 79 YEARS, OCC. AGRICULTURE,

R/O. KURBUR ONI,

HAVERIPETH, DHARWAD.

4.

LALITA W/O BASAVARAJ KADAM

AGE. 39 YEARS, OCC. AGRICULTURE,

R/O. KURBUR ONI, HAVERIPETH,

DHARWAD.

5.

KAMALA W/O MANJUNATH KADAM

AGE. 33 YEARS, OCC. AGRICULTURE,

R/O. KURBUR ONI,

HAVERIPETH, DHARWAD.

…PETITIONERS

(BY SRI.K M SHIRALLI, ADVOCATE)

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AND

1.

THE STATE OF KARNATAKA

BY SUB-URBAN POLICE STATION

DHARWAD,

R/BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH DHARWAD.

2.

NAGRAJ S/O SAMBAJI KADAM

AGE. 25 YEARS, OCC. MASON,

R/O. KURBUR ONI,

HAVERIPETH, DHARWAD.

…RESPONDENTS

(BY SRI.VINAYAK S KULKARNI, AGA FOR R1)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING

TO

QUASH

THE

ORDER

PASSED

BY

THE

IV

ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD IN

S.C.NO.134/2017 DATED 18/03/2021 VIDE ANNEXURE-A AND

DIRECT RESPONDENT NO.1 TO PRODUCE THE STATION HOUSE

DIARY (SHD) OF SUB-URBAN POLICE STATION, DHARWAD,

DATED 29/12/2016 TO 02/01/2017.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Though the petition is listed for admission, with

the consent of learned counsel for both the parties, it

is taken up for final disposal.

2.

The petitioners/accused No.1, 2, 4, 5 and 6

in S.C.No.134/2017 on the file of the IV Additional

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District and Sessions Judge, Dharwad (for short, ‘the

trial Court’) are before this Court seeking to quash the

impugned order dated 18.03.2021 produced as per

Annexure-A, wherein the application filed by these

petitioners under Section 91 of Cr.P.C. seeking a

direction to respondent No.1 to produce the Station

House Dairy (for short, ‘SHD’) for the period from

29.12.2016 to 02.01.2017, was came to be rejected.

3.

Brief facts of the case are that respondent

No.2 being the informant filed the complaint against

accused No.1 to 6, alleging commission of the offence

punishable under Sections 143, 147, 148, 109, 324,

307, 302, 504, 506, 337 read with 149 of Indian Penal

Code (for short, ‘IPC’). The petitioner and the accused

are neighbors and there was dispute between them.

On 29.12.2016 at 7.00 p.m. accused No.1 dashed his

motorcycle to Mahadevappa Kadam, who is the cousin

of

the

complainant.

The

injured

Mahadevappa

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informed this fact to his grandmother Gangamma.

Accordingly,

Gangamma

questioned

accused

No.1

regarding his highhanded act. All the accused forming

themselves into unlawful assembly with a common

object to commit the crime, armed with axe, club,

cycle chain, assaulted Gangamma. When the informant

tried to intervene in the matter, he was also assaulted

by the accused. Further, they intimidated her to take

away her life. Therefore, the complainant requested

the police to register case and to initiate legal action.

4.

This complaint was filed on 30.12.2016 at

12.30 p.m. and the same was registered in Crime

No.332/2016 for the above said offence. The learned

Magistrate

took

cognizance

of

the

offence

and

committed the matter to the trial Court. The trial

Court registered it in S.C.No.134/2017 and summoned

the accused to answer the charge. It is stated that the

accused have appeared before the trial Court, pleaded

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not guilty and the matter is fixed for trial. During the

course

of

trial,

these

petitioners

have

filed

an

application

under

Section

91

of

Cr.P.C.

seeking

direction to the Sub-Urban Police to produce the SHD

for the period from 29.12.2016 to 02.01.2017.

5.

It