Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50339 CRL.P No. 14305 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14305 OF 2025 BETWEEN:
1.
SRIKANTHA S.
S/O LATE SHIVAPPA H.
AGED ABOUT 47 YEARS, HOSANAGARACHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITHRADURGA DIST - 577 523
2. NAGARATHNAMMA, W/O SHIVAPPA H.
AGED ABOUT 64 YEARS, HOSANAGARACHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITHRADURGA DIST - 577 523
3.
BHAGYA S @ BHAGYAMMA, W/O L. NAGARAJA AGED ABOUT 41 YEARS, HOSANAGARAEXT CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITHRADURGA DIST - 577 523
4.
L. NAGARAJA S/O H. LAKSHMAPPA.
AGED ABOUT 56 YEARS, NEAR RAILWAY STATION.
CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITHRADURGA DIST-577 523
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:50339 CRL.P No. 14305 of 2025
5.
L CHANDRAMMA W/O D.B. RAJAPPA, AGED ABOUT 54 YEARS HOSANAGARAEXT CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITHRADURGA DIST - 577 523 &PETITIONERS (BY SRI. YASHAVANTHSWAMY A.M., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY CHIKKAJAJUR POLICE STATION, CHITRADURGA DISTRICT, REPRESENTED BY STATE SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001
2.
BINDU C, W/O SRIKANTHA S.
D/O CHANDRAPPA, AGED ABOUT 30 YEARS, R/AT NO JANTHIKOLALU VILLAGE, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT, AND ALSO,
BINDU C, W/O SRIKANTHA.S AGED ABOUT 30 YEARS, HOSANAGARACHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITHRADURGA DIST - 577 523. &RESPONDENTS (BY SRI. JAGADISH B.N., ADDL. SPP FOR R1 SRI. H. MALATESH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
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HC-KAR NC: 2025:KHC:50339 CRL.P No. 14305 of 2025
C.C.NO.504/2024 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT HOLALKERE FOR THE OFFENCE P/US/ 498A,504,354(B),323,506,114 R/W SECTION 149 OF IPC AND SECTIONS 3, 4 OF DP ACT OF CHIKKAJAJUR POLICE ARISING OUT OF CRIME NO.168/2023 WHICH IS PRODUCED AS ANNEXURE A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
The entire proceedings in C.C.No.504/2024 pending on the file of the Court of Principal Civil Jude and JMFC, Holalkere are sought to be quashed in this petition preferred under Section 528 of the BNSS, 2023.
2. Charge sheet is filed against petitioners for the offence Punishable under Section 498A, 504, 354-B, 323, 506, 114 read with Section 149 of IPC and Section 3 and 4 of the Dowry Prohibition Act.
3. Second respondent set the law into motion and based on her complaint, case was registered against accused Nos.1 to 5 namely her husband and in-laws.
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HC-KAR NC: 2025:KHC:50339 CRL.P No. 14305 of 2025
4. It is alleged that complainant's marriage with first accused took place on 30.04.2023 and at the time of marriage, a cash of rs.5,00,000/-, 10 tola gold, Rs.50,000/- for cloths were given and only for about 3 months, the couple were lived cordially and thereafter, she was subjected to physical and mental cruelty for additional dowry etc.
5. Charge sheet is filed citing CWs.1 to 19 as witnesses, amongst whom CWs.6 to 14 are the material witnesses, who speak about the dowry harassment, in consonance with the complainant and further statement given by the complainant. In this petition seeking quashing of the proceedings preferred under Section 528 of the BNSS, 2023, this Court cannot conduct a mini trial.
6. A perusal of the complaint averments and charge sheet allegations reveal that there is a prima-facie case against the petitioners, which however has to be established in a full fledged trial by the prosecution. At this
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HC-KAR NC: 2025:KHC:50339 CRL.P No. 14305 of 2025
stage, no grounds are made to quash the proceedings. Accordingly, the following:-
ORDER i) Petition is dismissed.
All the contentions of the petitioners are kept open, to raise at the appropriate stage.
I.A.No.1/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 97 CT-SG