- 1 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200465 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. JAFFAR @ JAFFAR ALI S/O PASHA MIYAN, AGE:33 YEARS, OCC: CENTERING WORK, R/O. NO.8-1543-114-20, FILTER BED ROAD, TAJ NAGAR, MUSLIM COLONY, KALABURAGI–585104. 2. USMAN ALI @ USMAN ALI S/O PASHA MIYAN, AGE:38 YEARS, OCC: CENTERING WORK, R/O. NO.8-1543-114-20, FILTER BED ROAD, TAJ NAGAR, MUSLIM COLONY, KALABURAGI–585104. 3. REHAN ALI @ REHAN S/O MOHAMMED ALI, AGE:21 YEARS, OCC: CENTERING WORK, R/O. NO.8-1543-114-20, FILTER BED ROAD, TAJ NAGAR, MUSLIM COLONY, KALABURAGI-585104. …PETITIONERS (BY SRI SHIVASHARANA REDDY, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 AND: 1. THE STATE THROUGH, BRAHAMPUR POLICE STATION, KALABURAGI-585102, (REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI BENCH). 2. ANEESHA BEGUM D/O MODIN SAB, AGE: 24 YEARS, OCC: HOUSEHOLD, R/O. TAJ NAGAR, MUSLIM SANGH, FILTER BED ROAD, KALABURAGI -585104. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; SRI AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR MS NILUFARHANAZ, ADVOCATE FOR R2) --- THIS CRL.P IS FILED U/SEC. 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.14317/2024 ARISING FROM CRIME NO.118/2024 OF RESPONDENT BRAHMPUR P.S. KALABURAGI PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE JMFC AT KALABURAGI FOR OFFENCES U/S 376(2)(N), 354, 354(D), 323, 384, 341, 504, 506 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. This criminal petition is filed by accused Nos.2 to 4 seeking for quashing the entire proceedings in C.C No.14317/2024 arising from Cr.No.118/2024 of respondent No.1 - police station, pending on the file of the IV Addl. Civil Judge and JMFC, Kalaburagi. Brief facts of the case: 2. It is the case of the prosecution that accused Nos.1 and 3 are known to the complainant. The complainant was suffering from ulcer for the past three years. When the complainant had been to Government Hospital to collect the medicine, at that time, accused No.1 who had been to Government Hospital, met her and gave a glass of water in the hospital. The complainant after having drunken the water, she became unconscious. After she regained her consciousness, her clothes were scattered and she suspected that something had happened to her. 3. After two days, accused No.1 called the complainant and asked her to check the video which was sent to her - 4 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 mobile. After having seen the video, the complainant agreed to have physical relationship with the accused No.1. 4. The said physical relationship continued till 14.05.2024. On the said day, when the complainant was going to MRMC Medical college for the purpose of seeking job, she was assaulted by the petitioner with an intention to kill her. At that time, three unknown persons came to the spot and tried to pacify the quarrel and thereafter, she was taken in an autorickshaw. In the meantime, as she screamed for help, therefore, she was thrown out of the auto and her mobile phone was taken by the petitioner. 5. In the evening, her mobile was returned to her and all the data was deleted. Therefore, she lodged a private complaint before the jurisdictional Magistrate. The Jurisdictional Magistrate referred the matter to the jurisdictional police station for the purpose of investigation. The jurisdictional police, after registering the case, conducted the investigation and submitted the charge sheet. Therefore, they are before this Court - 5 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 seeking the relief of quashing the entire proceedings leveled against them. 6. Heard Sri Shivasharana Reddy, learned counsel for the petitioners, Sri Gopal Krishna Yadav, learned High Court Government Pleader for respondent No.1 and Sri Ameet Kumar Deshpande, learned Senior Counsel for Ms Nilufarhanaz, learned counsel for the respondent No.2. 7. It is the submission of the learned counsel for the petitioners that, it is alleged that the petitioners are stated to have assaulted the complainant in the hospital premises. The allegations made against these petitioners are that, on 14.05.2024, the petitioners herein have kidnapped the complainant near MRMC Medical College, Kalburagi and assaulted her indiscriminately. Thereafter, she was kidnapped by them in an autorickshaw and they took her mobile phone and deleted the data etc., 8. It is further submitted that, though it is stated that the alleged incident had taken place on 14.05.2024, no complaint was given to the jurisdictional police immediately after the incident nor informed the said fact to the higher officials. The delay in lodging the - 6 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 complaint and also not obtaining any medical certificate to indicate that she had been hospital for treatment after the incident, creates doubt in respect of the genuinity of the said incident. Therefore, proceedings against the petitioners would be a futile exercise. Hence, the proceedings may be quashed in respect of the petitioners. 9. Per contra, the learned Senior Counsel for the respondent No.2 vehemently opposed the submissions of the learned counsel for the petitioners and he further submitted that the petitioners are the friends and relatives of accused No.1 respectively. They assaulted the complainant and tried to kill her and also abducted her in an autorickshaw. She has made specific allegations against all the petitioners. In fact, the overt- acts against the petitioners are found to be genuine and relevant. Therefore, the said allegations are to be tested through proper trial. Hence, it is not appropriate at this stage to grant the relief as prayed for. 10. Similarly, the learned High Court Government Pleader for the respondent No.1 - State adopted the arguments of - 7 - NC: 2025:KHC-K:2282 CRL.P No. 200465 of 2025 learned Senior Counsel for the respondent No.2 and prays to reject the petition. 11. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the petitioners are stated to have assaulted the complainant on 14.05.2024 near the MRMC Medical College, Kalburagi. Thereafter, she was abducted by them in an autorickshaw. 12. The statement of the victim would indicate that she had been abducted, assaulted and also threatened by the petitioners with dire consequences. These are all the facts which are required to be decided in the trial. The averments of the complaint would indicate that there are materials to proceed against the petitioners. Therefore, it is not appropriate to grant the relief as prayed for. Hence, the petition deserves to be dismissed. Ordered accordingly. Sd/- (S RACHAIAH) JUDGE RSP/Un List No.: 1 Sl No.: 27 CT:PK