- 1 - NC: 2025:KHC:17518 CRL.P No. 10823 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10823 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. REKHA W/O LATE MAHESH SAVADATTI (NAME AS PER ADHAR CARD) REKHA HUCHCHAPPA ANGADI (NAME AS PER FIR) AGED ABOUT 43 YEARS OCC HOUSE WIFE R/O AS PER ADHAR CARD NO.912/B, WARD NO.4 VEERABHANDRESHWAR TEMPLE VTC: YAVAGALA, PO: YAVAGALA, SUB DIST. RON DIST: GADAG-582 202. PRESENTLY RESIDING AT: NO.110, M G CIRCLE, GINIGERA DIST. KOPPAL-583 228. 2. BASAVARAJ S/O HUCHCHAPPA ANGADI (NAME AS PER ADHAR CARD) BASAVARAJ ANGADI/HUCHCHAPPA ANGADI (NAME AS PER FIR) AGED ABOUT 39 YEARS OCC AGRICULTURE R/O AS PER ADHAR CARD WARD 2, GINIGERE DIST KOPPAL-583223. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17518 CRL.P No. 10823 of 2024 3. SUNIL S/O HUCHCHAPPA ANGADI (NAME AS PER ADHAR CARD) SUNIL ANGADI/HUCHCHAPPA ANGADI (NAME AS PER FIR) AGED ABOUT 36 YEARS OCC: AGRICULTURE R/AT 110, M G CIRCLE, GINIGERA DIST. KOPPAL-583 223. …PETITIONERS (BY SRI. SACHIN C ANGADI., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH KANKANADY TOWN POLICE STATION KANKANADY REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGLAORE PIN CODE 560 001. 2. SMT. AKKAMAHADEVI W/O VEERANNA SAVADATTI AGED ABOUT 55 YEARS OCC HOUSEWIFE R/AT YAVAGAL, T Q RON DIST GADAG PIN CODE 582202 …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. SHOWRI H R, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLIANTS IN CR.NO.*93/2023, REGISTERED BY THE KANKANADY TOWN P.S., KANKANADY, FOR OFFENCES P/U/S 417 AND 420 OF IPC, PENDING BEFORE THE 7th JMFC COURT, MANGALORE CITY, D.K. DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: * corrected vide chamber order dated 3.5.2025 - 3 - NC: 2025:KHC:17518 CRL.P No. 10823 of 2024 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petition insofar as it relates to the petitioner-accused No.1 and petitioner-accused No. 2 is dismissed as withdrawn. The remaining petitioner-accused No. 3 seeks to quash the FIR registered in Crime No. 93/2023, in Kankandy PS, Mangalore City, Dakshina Kannada District, for the offences punishable under Sections 420 and 417 of IPC, 1860. 2. The case at hand appears to have arisen from the suicide of one Late Mahesh Savdatti (D.o.B. 27.05.1992) aged 31 years, as on the date of incident i.e. 14.09.2023, which appears to have been motivated on account of the fact that deceased was a victim of age fraud, purportedly played by the petitioners herein. The petitioner-accused No. 1, who is the widow of the deceased, was shown to be born on 27.05.1992, whereas in fact the age particulars recorded in her SSLC marks card and Aadhar card feature her date of birth as 14.01.1981. Thus, the petitioner accused No. 1 happens to have been older than the deceased-victim-husband by more than 11 years. 3. The respondent No.2, mother of the deceased has the lodged the impugned FIR on 1.10.2023 stating that the petitioners had furnished a resume of petitioner-accused No.1 falsely stating her date of birth as 27.5.1992 instead of 14.1.1981. The date of birth of the deceased is 27.5.1992, and accused No.1 is eleven years and six months older due to which there was a marital conflict. The complainant further alleges in the complaint that although the deceased was ready and willing to divorce, the accused had made - 4 - NC: 2025:KHC:17518 CRL.P No. 10823 of 2024 phone calls and tortured the deceased for money in order to grab his property. Therefore, the petitioners were held responsible for causing the death of deceased by abetting in the commission of his suicide. Furthermore, this Court by an order dated 03.12.2024 had granted an interim order of stay on any further investigation in the said Crime No. 93/2023. 4. Perusal of the impugned FIR indicates that except the omnibus and general allegation that all the petitioners had furnished the resume of the petitioner-accused No.1, there is no overt act detailing how and in what manner the petitioners-accused had conspired to commit the murder of the deceased. The specific allegation of producing resume by mentioning wrong date of birth of the petitioner-accused No.1, except stating that the resume of accused No.1 was sent through online media, the complainant has not produced any material to substantiate the allegation of cheating and dishonest inducement to deliver property, as under Sections 420 and 417 of IPC, 1860, against the remaining petitioner-accused No. 3. 5. Therefore, in the absence of any substantive evidence to support the allegations against the petitioner-accused No. 3, the continuation of criminal proceedings solely on the ground that accused No. 3 is the brother of accused No. 1 would amount to abuse of the process of law. 6. Accordingly, I order the following: ORDER i. The petition is allowed. - 5 - NC: 2025:KHC:17518 CRL.P No. 10823 of 2024 ii. The impugned proceedings originating from FIR in Crime No. 93/2023, pending on the file of the Ld. 7th JMFC Court, Mangalore City, Dakshina Kannada District, insofar as it relates to the petitioner-accused No. 3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 187