Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 52072 (KAR)

RAVI S/O HANAMANTAYYA v. THE STATE OF KARNATAKA

CRL.P/103282/2024 · 2025-04-22

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:6693 CRL.P No. 103282 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103282 OF 2024 BETWEEN: RAVI S/O. HANAMANTAYYA, AGE: 40 YEARS, OCC: PROFESSOR, R/O: GORAGHATTA, HOBLI: TYAMAGONDLA – 562 132, TQ: NELMANGAL, DIST: BENGALURU RURAL. …PETITIONER (BY SRI. U. G. KATTIMANI, SRI. F.R.GALAGANATH & SRI M.J.PEERJADE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD, THROUGH PSI, NARGUND POLICE STATION. 2. SMT. PAVITHRA W/O. RAVI, AGE: 35 YEARS, OCC: ASSISTANT PROFESSOR, R/O: ADHYAPAK NAGAR, NARGUND – 582 207, TQ: NARGUND, DIST: DHARWAD. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; R2 – SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ENTIRE PROCEEDINGS OF CC NO.532/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, NARGUND FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504 AND 506 OF IPC IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6693 CRL.P No. 103282 of 2024 ORAL ORDER This petition is filed by sole accused praying to quash the entire proceedings in C.C.No.532/2023 pending on the file of Civil Judge and JMFC, Nargund registered for offences punishable under Sections 498-A, 323, 504 and 506 of IPC. 2. On the complaint of respondent No.2, a case came to be registered against the petitioner in Crime No.21/2023 of Nargund P.S. for offences punishable under Sections 498-A, 323, 504 and 506 of IPC. The police after investigation filed a chargesheet against the petitioner for the aforesaid offences. On the basis of the said chargesheet, a case came to be registered against the petitioner in C.C.No.532/2023 pending on the file of Civil Judge and JMFC, Nargund. The proceedings of the said criminal case are sought to be quashed in this petition. 3. Heard learned counsel for petitioner and learned Additional Government Advocate for respondent No.1-State. - 3 - NC: 2025:KHC-D:6693 CRL.P No. 103282 of 2024 4. Learned counsel for petitioner would contend that the petitioner is residing in Nelamangala, Bengaluru and respondent No.2 is residing at Nargund and therefore, there is no question of any harassment or ill-treatment by the petitioner to respondent No.2. The statements of CWs.6 to 8 who are cited as eye witnesses to the incident are not reliable. On perusal of the entire chargesheet, no offence is made out against the petitioner for the offences alleged against him. With this, he prayed for quashing of the proceedings of the criminal case registered against the petitioner. 5. Learned Additional Government Advocate for respondent No.1-State would contend that there is an accusation of harassment, ill-treatment and assault by the petitioner to respondent No.2. CWs.6 to 8 are eye witnesses to the said incidents. On perusal of chargesheet papers, there is a primafacie case against the petitioner for offences alleged against him. There are no grounds for - 4 - NC: 2025:KHC-D:6693 CRL.P No. 103282 of 2024 quashing the proceedings. With this, he prayed for dismissal of the petition. 6. Having heard learned counsels, the Court has perused the chargesheet records. 7. The petitioner is husband of respondent No.2. The respondent No.2 was working as Assistant Lecturer in Siddeshwar Government First Grade College in Nargund. The marriage of petitioner with respondent No.2 has been performed on 04.06.2015. The petitioner is working as Lecturer in a P.U College at Tyamagondla, Nelamangala Taluk. After marriage of petitioner and respondent No.2, have started leading marital life. 8. On perusal of averments of the complaint filed by respondent No.2, it is stated that petitioner used to visit the place of respondent No.2 once in a week and petitioner used to suspect the character of respondent No.2 and used to abuse and assault her. - 5 - NC: 2025:KHC-D:6693 CRL.P No. 103282 of 2024 9. It is further stated that due to the said physical and mental harassment led to abortion in the year 2022. The further averments of the complaint indicate that on 25.10.2022, when petitioner came to Nargund for Deepavali festival, he harassed her physically and mentally between 6.00 p.m. to 8.00 p.m. The respondent No.2 was residing in a rented house belonging to CWs.7 and 8. CWs.7 and 8 have stated in their statements regarding petitioner harassing the respondent No.2 and they advising him. CW.6 is husband of CW.7 and he has also stated regarding he witnessing petitioner harassing respondent No.2 and he advising him in that regard. Considering the said aspects, the matter requires trial. There are no grounds made out for quashing the proceedings as sought for. 10. In the result, the petition is dismissed. SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM CT-ASC List No.: 1 Sl No.: 10