Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34285 CRL.P No. 10096 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10096 OF 2025 BETWEEN:
1. KAVYA SREE H G D/O GOVINDAPPA, AGED ABOUT 38 YEARS, R/AT HOYSALAKATTE POST, HULIYAR HOBLI, CHIKKANAYAKANAHALLI, TUMKUR - 572 218. (AS PER AS AADHAR CARD)
2. GOVINDAPPA, S/O DASAPPA, AGED ABOUT 69 YEARS, R/AT HOYSALAKATTE POST, HULIYAR HOBLI, CHIKKANAYAKANAHALLI, TUMKUR - 572 218. (AS PER AS AADHAR CARD) …PETITIONERS (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND:
1. STATE OF KARNATAKA BY THALAGHATTAPURA POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:34285 CRL.P No. 10096 of 2025
2. SRI. DR. H.B. MURALIDHARA S/O BASAVARAJAIAH, AGED ABOUT 41 YEARS, R/AT NO.7, SRI RANGA KRIP, RESHME NAGARA, 100 FEET ROAD, GANJGARAPALYA, BENGALURU CITY - 560 002. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.8082/2022 OF RESPONDENT NO.1 THALAGHATTAPURA POLICE STATION, PENDING ON THE FILE OF II ADDL. CHIEF JUDICIAL MAGISTRATE RURAL COURT, BENGALURU RURAL. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners, who are respectively the wife and father- in-law of respondent No.2/complainant, have approached this Court seeking quashing of the criminal proceedings in C.C.No.8082/2022 pending before the Court of the II Additional Chief Judicial Magistrate, Rural Court, Bengaluru Rural. 2. The genesis of the proceedings lies in a complaint lodged by respondent No.2 – the husband of petitioner No.1,
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HC-KAR NC: 2025:KHC:34285 CRL.P No. 10096 of 2025 alleging that he was wrongfully restrained, abused, and assaulted with a wooden stick by the petitioners. Based on the said complaint, FIR No.70/2022 came to be registered for the offences punishable under Sections 341, 323, 324, 504, 506, and 34 of IPC. Upon completion of investigation, the Investigating Officer has filed a charge-sheet. The petitioners contend before this Court that the allegations are false and motivated, asserting that the complaint has been deliberately lodged by respondent No.2 to build up a case of cruelty in order to seek divorce.
On these grounds, the petitioners seek quashing of the proceedings. 3. Per contra, the learned Additional Special Public Prosecutor, relying upon the charge-sheet materials, has submitted that there exists sufficient prima facie evidence to proceed against the petitioners. He particularly points out that the medical records corroborate the allegations made in the complaint, showing that the complainant has indeed suffered injuries. It is therefore contended that this Court ought not to exercise its inherent powers to interdict the proceedings at this stage. - 4 -
HC-KAR NC: 2025:KHC:34285 CRL.P No. 10096 of 2025
4. I have heard the learned counsel for the petitioners as well as the learned Additional Special Public Prosecutor. I have also perused the records and the materials placed before this Court. 5. It is relevant to note that though the wound certificate was not originally annexed with the petition, on a specific query raised by this Court, the same was subsequently produced by the learned counsel for the petitioners. A perusal of the wound certificate reveals that on medical examination of respondent No.2/complainant, the doctor found that he had sustained four distinct injuries. These include: (i) a lacerated injury measuring about 3 cm over the left frontal region; (ii) swelling over the right eyebrow; (iii) abrasions over the cheek and both forearms; and (iv) an abrasion on the left leg. These injuries, as reflected in the medical records, prima facie support the allegations of assault made by the complainant. 6. In the light of such medical evidence, which is duly supported by the materials collected during investigation and filed along with the charge-sheet, this Court is of the considered view that there exists sufficient material to proceed
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HC-KAR NC: 2025:KHC:34285 CRL.P No. 10096 of 2025 against the petitioners. The plea of false implication raised by the petitioners is a matter of defence, which cannot be adjudicated at this stage and will have to be tested during the course of trial.
The scope of jurisdiction under Section 482 of Cr.P.C. is limited, and this Court cannot embark upon a detailed appreciation of evidence at the pre-trial stage. Since prima facie materials are available to substantiate the charges, this is not a fit case where the inherent powers of this Court can be invoked to quash the proceedings. The petitioners are bound to face trial and establish their defence in accordance with law. Accordingly, the Criminal Petition stands dismissed. Any pending interlocutory applications also stand disposed of in view of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 2 CT: BHK