- 1 - HC-KAR NC: 2025:KHC-D:15447 WP No. 108472 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH WRIT PETITION NO. 108472 OF 2025 (GM-RES) BETWEEN: 1. ARSHIYA FAYAZ AHAMAD @ ARSIYA ARAB, AGE. 48 YEARS, OCC. HOUSEWIFE, R/O. NOW AT 10TH CROSS, SRY LAYOUT, PHASE 2, BEGUR KOPPA ROAD, MYLASSANDRA DINNE, BENGALURU, DISTRICT. BENGALURU-560069. 2. FARDEENAMEHTAB FAYAZ VALLI, AGE. 25 YEARS, OCC. NIL, NOW AT R/O. 10TH CROSS, SRY LAYOUT, PHASE 2, BEGUR KOPPA ROAD, MYLASSANDRA DINNE, BENGALURU, DISTRICT. BENGALURU-560069. 3. FAHAD MEHTAB FAYAZ AHAMAD, AGE. 28 YEARS, OCC. NIL, NOW AT R/O. 10TH CROSS, SRY LAYOUT, PHASE 2, BEGUR KOPPA ROAD, MYLASSANDRA DINNE, BENGALURU, DISTRICT. BENGALURU-560069. 4. MOHAMMED SHAMEEL PASHA S BASHA, AGE. 53 YEARS, OCC. BUSINESSMAN, NOW AT R/O. 10TH CROSS, SRY LAYOUT, PHASE 2, BEGUR KOPPA ROAD, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15447 WP No. 108472 of 2025 MYLASSANDRA DINNE, BENGALURU, DISTRICT. BENGALURU-560069. …PETITIONERS (BY SRI. I.Y. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE WOMAN P S, HAVERI, REP. BY S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. SMT. NASIMTAZ W/O. ABDUL HAMEED GULEDAGUDDA, AGE. 38 YEARS, OCC. HOUSEWIFE, R/O. DANESHWARI NAGAR, A BLOCK 1ST MAIN 6TH CROSS, TALUK AND DIST. HAVERI-581110. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH V/O DATED 12.11.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION R/W SECTION 582 OF BNS ACT., PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 08.10.2025 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, HAVERI IN C.C.NO.35/2024, IN WHICH NBW HAS BEEN ISSUED TO THE PETITIONERS, VIDE ANNEXURE-D AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15447 WP No. 108472 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The submission of the learned counsel for the petitioners is that, this Court vide order dated 25.04.2024 passed the following order; “Heard learned counsel for the petitioners. Learned AGA accepts notice for respondent No.1. Issue notice of I.A.No.1/2024 and petition to respondent No.2. In the meantime, there shall be stay of further proceedings in C.C.No.35/2024 pending on the file of Principal Senior Civil Judge and CJM, Haveri qua petitioners till the next date of hearing.” In spite of the said order being enforced, the Trial Court issued Non-Bailable-Warrant against accused Nos.2 to 5 on 08.10.2025 which is challenged before this Court. Considering the said submission and also perused the order passed by the co-ordinate Bench of this Court, it is appropriate to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:15447 WP No. 108472 of 2025 Accordingly, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The entire Criminal proceedings in Crime No.74/2023 of respondent/Police for the offence punishable under Section 498-A, 323, 504, 506 and 109 r/w. Section 34 of IPC pending in CC No.35/2024 on the file of Principal Senior Civil Judge and CJM, Haveri, is hereby quashed. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 47