- 1 - HC-KAR NC: 2025:KHC-K:3641 CRL.P No. 201383 of 2024 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.201383 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SANGANNA S/O NINGAPPA MADENOR, AGE:64 YEARS, OCC:AGRICULTURE, R/O. IN FRONT OF SEDAM BUS STAND, SEDAM, TQ.SEDAM, DIST.KALABURAGI. 2. LEELADEVI W/O SANGANNA MADENOR, AGE:58 YEARS, OCC:HIGH SCHOOL TEACHER, R/O. IN FRONT OF SEDAM BUS STAND, SEDAM, TQ.SEDAM, DIST.KALABURAGI. …PETITIONERS (BY SMT. NEEVA M. CHIMKOD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, ASHOK NAGAR POLICE STATION, DISTRICT KALABURAGI - 585103. R/BY ADDL. SPP HIGH OCURT OF KARNATAKA, KALABURAGI BENCH–585107. 2. SHWETA W/O SRINIVAS AGE: 28 YEARS, OCC: PRIVATE JOB, R/O. VIDYA NAGAR, SEDAM, NOW AT RAM MANDIR AREA, KALABURAGI-585102. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI S.R. KADLOOR, ADVOCATE FOR R2) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3641 CRL.P No. 201383 of 2024 THIS CRL.P IS FILED U/S. 528 OF BNSS, 2023 PRAYING TO A) QUASH THE CHARGE SHEET NO.22/2023 DATED 06.06.2023 FILED BY ASHOK NAGAR POLICE / 1ST RESPONDENT HEREIN FOR THE OFFENCES PUNISHABLE U/SECS. 195(A), 504, 506, R/W 34 OF IPC AS AGAINST PETITIONERS ARE CONCERNED AND CONSEQUENTIALLY QUASH ENTIRE PROCEEDINGS, PENDING ON THE FILE OF V ADDL. CIVIL JUDGE AND JMFC, KALABURAGI, DISTRICT KALABURAGI IN C.C.NO.5250/2023 ON ITS FILE, AS AGAINST PETITIONERS/ ACCUSED NO.1 AND 2 ARE CONCERNED. B) PASS ANY OTHER SUITABLE ORDER OR DIRECTIONS AS DEEM FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. 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 Smt.Neeva M. Chimkod, learned counsel for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent No.1 – State and Sri S.R.Kadloor, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2025:KHC-K:3641 CRL.P No. 201383 of 2024 2. Petition under Section 528 of BNSS, 2023 with the following prayer: “a) Quash the charge sheet No.22/2023 dated 06.06.2023 filed by Ashok Nagar police/1st respondent herein for the offences punishable u/Secs. 195(a), 504, 506 R/W 34 of IPC as against petitioners are concerned and consequentially quash entire proceedings, pending on the file of V Addl. Civil Judge and JMFC, Kalaburagi, district Kalaburagi in C.C.No.5250/2023 on its file, as against petitioners/ accused No.1 and 2 are concerned. b) Pass any other suitable order or directions as deem fit by this Hon’ble Court under the facts and circumstances of the case.” 3. Brief facts, which are utmost necessary for disposal of the present petition are as under: 3.1 Respondent No.2 – Shweta W/o Srinivas lodged a complaint with Sedam police station on 31.12.2022, which was registered Crime No.221/2022, for the offences punishable under Sections 195A, 504, 506 read with Section 34 of IPC. - 4 - HC-KAR NC: 2025:KHC-K:3641 CRL.P No. 201383 of 2024 3.2 Gist of the complaint averments would reveal that on account of inter-caste marriage, there was a criminal case pending and in that regard, there was a threat to the complainant not to depose before the Court about true facts. 3.3 Based on the same, police after registering the case, investigated the matter and filed charge sheet against the petitioners/accused. The learned Trial Magistrate has taken cognizance, registered the criminal case and is proceeding with the case. 3.4 The very order of taking cognizance and proceeding with the criminal case is called in question in this petition. 4. Learned counsel for the petitioners contended that taking cognizance is bared in view of Section 195 of Cr.P.C. - 5 - HC-KAR NC: 2025:KHC-K:3641 CRL.P No. 201383 of 2024 5. Per contra, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 support the impugned order. 6. In order to appreciate the said aspects of the matter, it is just and necessary for this Court to cull out Section 195A of Cr.P.C., which reads as under: “195A. Procedure for witnesses in case of threatening, etc. - A witness or any other person may file complaint in relation to an offence under Section 195-A of the Indian Penal Code (45 of 1860).” 7. On careful perusal of the above provision of law, the embargo that is carved out in Section 195 of Cr.P.C. would not be applicable to the case on hand. 8. Accordingly, the grounds urged in this petition would not be sufficient enough to quash the pending criminal case. - 6 - HC-KAR NC: 2025:KHC-K:3641 CRL.P No. 201383 of 2024 Hence, following order is passed: ORDER a) Criminal petition is dismissed. b) All the contentions that are favourable to the petitioners/accused are kept open to be urged in the pending trial. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 37 CT:PK