H.P. Sandesh, J. - (1.)Heard the petitioners' counsel and the learned HCGP for the respondents-State.
(2.)The factual matrix of the case is that, on 07.06.2015 at about 6.30 p.m., Police Officer-CW1 of Laxmeshwara Police Station, Fakkiresh Mattannavara, Sannappa Kambali and some of their group were proceedings towards Dingaleshwara Mutt. At that time, Yamanappa Kadimani, Vijaya Basavannappa Kadimani, Nagaraja Gudageri of Ghantachor's community shouted that Dingaleshwara Swamy is indulging in politics and abused the swamy. The group of other community objected for the abuses by Ghantachors community persons and thereafter, the persons of each group came to know about it and persons of each group rushed to that place and rioting commenced between the persons of two groups, threw stones against each other groups, damaged pushcarts, petty shops, sheds and establishments of each group. The said report was sent through PC-1063/CW 47 to Laxmeshwara Police Station, which is about 25 kms away from Balehosur Police outpost and the case was registered in Crime No.79/2015 by ASI, Laxmeshwara PS on 08.06.2015 at 3.00 a.m. for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 427 read with Section 149 of IPC against 53 persons and named 13 persons as injured, in the pro-forma FIR. Subsequently, on 8.6.2015 another crime was registered in Crime No.81/2015 and one more case was registered based on the compliant on 10.06.2015 in Crime No.82/2015.
(3.)This Court in Crl.P. No.100994/2015 clubbed with Crl.P.No.100877/2015, passed an order allowing the both petitions that registration of Crime Nos.81/2015 and 82/2015 of Laxmeshwara Police Station are quashed, however, direction was given to the Investigation Officer to proceed with the investigation of Crime No.79/2015 by treating the statement of the informant in Crime Nos.81/2015 and 82/2015 as the statement recorded during the course of investigation in Crime No.79/2015. Thereafter, Laxmeshwara PS has investigated the matter in Crime No.79/2015 and filed charge sheet in CC No.682/2016 and at the same time, Laxmeshwara PS filed charge sheet and the same has been registered in Spl.C. No.3/2016 against some and complaints to higher ups in Police Department and registered Spl.C. No.14/2016 on the file of the Spl. Court at Gadag.