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2025 DAILYLAW 11300 (KAR)

SANDEEP v. THE STATE OF KARNATAKA

CRL.P/201018/2025 · 2025-07-03

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3626 CRL.P No. 201018 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.201018 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SANDEEP S/O VENKATRAO MANE, AGE: 30 YEARS, OCC: WORKING IN GOVERNMENT HOSPITAL AT KAMALNAGAR, R/O ALAVAYI VILLAGE, NOW AT KAMALNAGAR, TQ. KAMALNAGAR, DIST. BIDAR-585417. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KAMALNAGAR POLICE STATION, KAMALNAGAR CIRCLE, DIST. BIDAR-585417, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SMT. NAGAMANI W/O ANIL KAMBLE, AGE: 24 YEARS, OCC: HOUSEWIFE, R/O SORALLI VILLAGE, NOW AT KAMALNAGAR, TQ. KAMALNAGAR, DIST. BIDAR-585417. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI MAHANTESH PATIL, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3626 CRL.P No. 201018 of 2025 THIS CRL.P. IS FILED U/S. 528 OF THE BNSS, 2023 PRAYING TO QUASH THE REGISTRATION OF FIR NO.31/2025 DATED 12-02-2025 IN CRIME NO.23/2025 REGISTERED BY 1ST RESPONDENT POLICE/KAMALNAGAR POLICE STATION, DIST. BIDAR FOR THE OFFENCES PUNISHABLE U/SEC. 67 OF IT ACT, 2008 AND SEC. 351 (2), 352 OF BNS, 2023, (PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC COURT, AURAD (B), DISTRICT: BIDAR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sanjay A. Patil, learned counsel for the petitioner, Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1 and Sri Mahantesh Patil, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC-K:3626 CRL.P No. 201018 of 2025 2. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: “WHEREFORE, it is most respectfully prayed that, this Hon’ble Court be pleased to; a) Quash the registration of FIR No.31/2025 dated: 12.02.2025 in Crime No.23/2025 registered by 1st respondent Police/Kamalnagar Police Station, Dist: Bidar for the offences punishable U/Secs.67 of I.T Act, 2008 and Sec.351(2), 352 of BNS-2023, (pending on the file of Senior Civil Judge and JMFC Court Aurad (B), District Bidar). b) Pass any other suitable order or direction as deem fit by this Hon’ble Court under the facts and circumstances of the case, in the interest of justice and equity.” 3. The gist of the complaint averments would reveal that respondent No.2 is the housewife and her husband is working as driver of an ambulance in Government Hospital, Kamalnagar. The husband of the complainant has a friend by name, Sandeep. - 4 - HC-KAR NC: 2025:KHC-K:3626 CRL.P No. 201018 of 2025 4. It is contended that said Sandeep is sending obscene images to the mobile telephone of her husband purportedly morphing the face of the complainant with other nude images and started harassing her. 5. Accused was summoned before the higher officials and had been warned not to indulge in such things. 6. Despite such a warning, accused said to have again sent such images to the mobile telephone of Rajkumar S/o Digamber Kamble on 05.02.2025 and to the mobile telephone of her husband on 09.02.2025 with obnoxious comments. 7. When the same was questioned, there was a quarrel and complainant has been warned with dire consequences in case if she again questions him. 8. Based on the complaint, police registered the case and are investigating the matter. - 5 - HC-KAR NC: 2025:KHC-K:3626 CRL.P No. 201018 of 2025 9. Whether at all the images sent are real images or morphed images and what is the reason for accused/petitioner to send such messages to the close acquaintance of the complainant are all the matters of investigation. 10. The police are investigating the matter and if no material is found which would substantiate the complaint averments, police themselves would file necessary final report. 11. If the report is adverse to the interest of the petitioner, petitioner can always take action in accordance with law against such an adverse report. 12. Reserving such liberty, the following order is passed: ORDER (a) The Criminal Petition is dismissed. - 6 - HC-KAR NC: 2025:KHC-K:3626 CRL.P No. 201018 of 2025 (b) In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 54 CT:PK