- 1 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 02ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.201412 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AYYANNA S/O MAREPPA PUJARI, AGE:38 YEARS, OCC: AGRICULTURE. 2. SMT. YALLAMMA W/O MAREPPA PUJARI, AGE:61 YEARS, OCC: HOUSEHOLD WORK, 3. MAREPPA S/O HYYALAPPA PUJARI, AGE:68 YEARS, OCC: AGRICULTURE, 4. NAGAPPA S/O MAREPPA PUJARI, AGE:34 YEARS, OCC: AGRICULTURE, ALL THE PETITIONERS R/O. WADGERA VILLAGE, TQ. WADGERA, DIST. YADGIRI-585202. …PETITIONERS (BY SRI. R. S. LAGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH THE SHO, YADGIRI WOMEN PS, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI 585102. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 2. SMT. DEVAMMA W/O AYYANNA PUJARI, AGE:33 YEARS, OCC: HOUSEHOLD WORK, R/o. WADGERA VILLAGE, TQ. WADGERA, DIST. YADGIRI 585202. …RESPONDENTS (BY SMT. ARATI PATIL ,HCGP FOR R1; SRI. MAHADEV S. PATIL ,ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 482 OF CR.P.C. PRAYING TO ALLOW THIS CRIMINAL PETITION AND THEREBY QUASH ANNEXURE-A VIZ. THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DT. 05.12.2022 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND CJM, COURT, YADGIRI IN CRIMINAL CSE NO.1170/2022 (ARISING OUT OF YADGIRI WOMEN PS. CRIME NO.45/2022) FOR THE OFFENCES PUNISHABLE U/S. 498A, 323, 504, 506 R/W S. 34 IPC ON THE COMPLAINT FILED BY THE RESPONDENT NO.2 AND ALL FURTHER PROCEEDINGS AGAINST THE PETITIONERS. 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 R.S.Lagali, learned counsel for the petitioners, Smt. Arati Patil, learned High Court Government Pleader for the State and Sri Mahadev S. Patil, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 2. The present petition is filed under Section 482 of the Code of Criminal Procedure with the following prayer: “WHEREFORE, on looking into all the above mentioned grounds amongst others, the petitioners most respectfully pray that this Hon’ble Court be pleased to allow this criminal petition and thereby quash Annexure-A viz., the Order of taking cognizance and issue of process dated 05.12.2022 passed by the Hon’ble Senior Civil Judge and CJM, Court, Yadgiri, in Criminal Case No.1170/2022 (arising out of Yadgiri Women PS Crime No.45/2022) for the offences punishable u/S 498A, 323, 504, 506 r/w S 34 IPC on the complaint filed by the respondent No.2 and all further proceedings against the petitioners in the interest of justice.” 3. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: Devamma-respondent No.2 being the wife of petitioner No.1-Ayyanna lodged a complaint with Yadgiri Women Police Station on 11.08.2022 which was registered in Crime No.45/2022 for the offences punishable under Sections 498A, 323, 504, 506 r/w Section 34 of the Indian Penal Code. 4. The complaint averments would reveal that marriage of the complainant/respondent No.2 was performed with - 4 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 petitioner No.1 about 19 years back. Couple have four children of which two are male and two are female. 5. About 3-4 years earlier to the date of complaint, younger daughter of the complainant by name Kumari Gauthami fell ill and in order to look after her, complainant was sent to her parental house. She was not taken back to the matrimonial home. 6. After some time, there was panchayath and complainant joined back to the matrimonial home. Later, again there were bickering in the matrimonial tie, whereby, complaint was driven to the parental house. When there was no possibility of any amicable settlement, panchayath was convened on 05.08.2022 at about 4.00 pm. 7. In the said panchayath, all accused persons got enraged with the allegations made by the complainant and at that juncture, all petitioners abused the complainant in filthy language and in the presence of panchayathdars, they assaulted and gave life threat to the complainant and further proclaimed that Ayyanna/petitioner No.1 would contract second - 5 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 marriage and that the complainant should not return to the matrimonial house. 8. Based on the said complaint, police thoroughly investigated the matter and inter alia recorded the statement of panchayathdars who were present on 05.08.2022, and filed the charge sheet. 9. Taking cognizance and proceeding with the criminal case is called in question in this petition with the aforesaid prayer. 10. Sri R.S.Lagali, learned counsel for the petitioners, reiterating the grounds urged in the petition, vehemently contended that, taking cognizance and continuation of the criminal proceedings is nothing but abuse of process of law. 11. He would further contend that entire criminal complaint is a counter blast to the petition for divorce filed by petitioner No.1 herein on account of serious differences between the couple. 12. He would also contend that it is highly unimaginable that after 19 years of marriage and giving birth to four children, how could the complainant lodge the complaint of harassment - 6 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 attracting Section 498A of the Indian Penal Code and sought for allowing the petition. 13. Per contra, Smt.Arati Patil, learned High Court Government Pleader opposes the grounds urged in the petition by contending that material collected by the investigation agency makes out a prima facie case inasmuch as, panchyathdars themselves have stated before the investigation officer that they have seen the petitioners abusing and assaulting the complainant and therefore, sought for dismissal of the petition. 14. Having heard both sides, this Court perused the material on record meticulously. 15. On such perusal of the material on record, the marriage between the petitioner No.1 and respondent No.2/complainant is not in dispute. So also, four children having born out of the wed lock is not in dispute. 16. There were instances of harassment, both physical and mental to the respondent No.2/complainant by the petitioners earlier to 05.08.2022. - 7 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 17. Nevertheless, there were couple of panchayaths held and respondent No.2 was made to join the matrimonial home. 18. Despite the same, there was further harassment which made the respondent No.2 to return to her parental house. 19. Again panchayath was called on 05.08.2022 at 4.00 pm wherein, when respondent No.2 informed the panchaythdars about the harassment meted out to her in the matrimonial home, all the petitioners got enraged and in the presence of panchayathdars not only they abused the respondent No.2 in filthy language, but also physically assaulted her. 20. Petitioners further proclaimed that they would contract second marriage for the petitioner No.1 and, respondent No.2 should not return to the matrimonial home. 21. Taking note of all these aspects of the matter and also petitioner No.1 having filed divorce petition, prima facie it appears that there are serious differences which made the respondent No.2 to join the parental house and prima facie material collected by the investigation agency would be sufficient enough to proceed with the criminal case. - 8 - HC-KAR NC: 2025:KHC-K:3571 CRL.P No. 201412 of 2023 22. In view of the foregoing discussion, the following: ORDER (i) Criminal Petition is dismissed. (ii) Observations made by this Court during the course of this Order would not affect the rights of the parties in pending criminal proceedings in any manner. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 25 CT:PK