- 1 - NC: 2025:KHC-D:2649 CRL.P No. 101406 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101406 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SUDARSHAN BHAT S/O. NARAYANA BHAT, AGED ABOUT 39 YEARS. 2. KRISHNAKUMAR BHAT S/O. NARAYANA BHAT, AGED ABOUT 43 YEARS. 3. NARAYANA BHAT AGED ABOUT 71 YEARS. 4. SAI CHINMAYI BHAT S/O. NARAYANA BHAT, AGED ABOUT 35 YEARS. 5. JAYALAXMI BHAT W/O. NARAYANA BHAT, AGED ABOUT 63 YEARS, ALL THE PETITIONERS 1 TO 5 RESIDING AT NOOTHILA, PAIVALIKE VILLAGE AND POST MANJESHWARA TALUK, KASARGOD-671348. …PETITIONERS (BY SRI. ANIKETH KUNIKULLAYA U, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY STATION HOUSE OFFICER, ANKOLA POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:39 +0530 - 2 - NC: 2025:KHC-D:2649 CRL.P No. 101406 of 2024 2. MRS. DEEPTI HEGADE W/O. SUDARSHAN BHAT, R/AT. ANUGARAHA HOUSE, SHIGE KANDI, KODLA GADDE VILLAGE AND POST, ANKOLA TALUK, UTTARA KANNNADA-581337. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. VISHWANATH HEGDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN CRIME NO.54/2024 DATED 12.03.2024 REGISTERED FOR THE OFFENCES U/S 506, 498A, 149, 323, 324 OF IPC, 1860 ON THE FILE OF PRL.CIVIL JUDGE (JR.DVN) AND JMFC, ANKOLA, UTTARA KANNADA AND ALL THE SUBSEQUENT PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED NO.1 TO 5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The FIR has been registered for offences punishable under Sections 506, 498A, 149, 323, and 324 of the Indian Penal Code, 1860. 2. Respondent No.2 lodged the FIR, stating that her marriage with Accused No.1 was solemnized on 18.12.2022. Accused No.1, who works for a private company and operates from home, allegedly assaulted her. She further alleged that Accused No.2 (brother-in-law), Accused No.3 (father-in-law), Accused No.4 (brother-in-law), and Accused No.5 (mother-in-law) abused and assaulted her using offensive language. - 3 - NC: 2025:KHC-D:2649 CRL.P No. 101406 of 2024 3. Respondent No.2 and Accused No.1 lived in the parental home for three years, during which Accused No.1 assaulted her, requiring her parents’ intervention. Additionally, Accused No.1 allegedly misled her by falsely claiming to be on night duty and took valuables from her parental home. 4. Heard the arguments of the learned counsel for the petitioner, the learned counsel for Respondent No.2, and the learned Additional Government Advocate (AGA) for the State. 5. A perusal of the FIR indicates that, apart from general and omnibus allegations against Accused Nos.2 to 5, there are no specific overt acts detailing how they subjected Respondent No.2 to cruelty and assault. 6. The FIR further reveals that three months after the marriage, Accused No.1 and Respondent No.2 were residing at the parental home, and all allegations of assault and abuse are primarily directed against Accused No.1. 7. It is a settled legal principle that an accused cannot be prosecuted without sufficient evidence. In the absence of specific overt acts, continuing the investigation against Accused Nos.2 to 5 would amount to an abuse of the legal process. However, regarding Accused No.1, the allegations require further investigation, and no conclusions can be drawn at this stage. 8. In light of the above, the continuation of the investigation against Accused Nos.2 to 5 would constitute an abuse of the process of law. - 4 - NC: 2025:KHC-D:2649 CRL.P No. 101406 of 2024 ORDER i. Accordingly, petition is partly allowed. ii. The impugned FIR in crime No.54/2024 on the file of Prl. Civil Judge (Jr. Dvn) and JMFC, Ankola, Uttara Kannada, insofar it relates to accused Nos.2 to 5 are hereby quashed. iii. The respondent No.1 is directed to proceed with the investigation against accused No.1 in accordance with law; however, no precipitate action shall be taken against him. Accused No.1 is at liberty to file a fresh petition if a charge sheet is filed. Pending interlocutory applications shall not be considered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 31