- 1 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 100544 OF 2025 (GM-RES) BETWEEN: 1. DARSHAN GURUDAS VERNEKAR, AGED 31 YEARS, OCC. ENGINEER, R/O. MURALIDHARMATH ROAD, KARWAR, PRESENTLY RESIDING IN NO.39380, MEDALLION COURT, APARTMENT NO.1807, FARMINGTON HILLS, M I 48331, MICHIGAN, USA. 2. GURUDAS S/O VISHNU VERNEKAR, AGED 57 YEARS, OCC. BUSINESS, R/O. MURALIDHARMATH ROAD, KARWAR-581 301. … PETITIONERS (BY SRI. S.P. KANDAGAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH HUBBALLI-DHARWAD WOMEN P.S., HUBBALLI DHARWAD, DIST. DHARWAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 2. ANNAPURNESHWARI W/O DARSHAN VERNEKAR, AGED 30 YEARS, OCC. HOUSE WIFE, AKSHAY ARCADE, H.NO.GF7, ANANDAKANDA NAGAR, 2ND CROSS, GOPALPUR MALAMADDI, DHARWAD. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. V.M. SHEELAVANT, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 528 OF BNSS, 2023, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 20-04-2023 AT ANNEXURE-J PASSED BY THE COURT OF II ADDL. CIVIL JUDGE AND JMFC II COURT, DHARWAD ISSUING NBW TO THE FIRST PETITIONER/ACCUSED NO.1 IN C.C. NO.557/2023 FOR THE OFFENCES UNDER SECTIONS 498(A), 323, 504, 506, 420 R/W 149 OF IPC, 3 AND 4 OF D.P. ACT AND ISSUE A WRIT OF MANDAMUS OR DIRECTION DIRECTING THE COURT OF II ADDL. CIVIL JUDGE AND JMFC II COURT, DHARWAD TO ORDER THE ISSUE OF SUMMONS TO THE FIRST PETITIONER/ACCUSED NO.1 IN C.C. NO.557/2023 PENDING ON HIS FILE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) This writ petition under Article 226 read with Article 227 of Constitution of India is filed by accused Nos.1 and 2 seeking for the following reliefs: “i) Issue a Writ of Certiorari quashing the order dated 20.04.2023 at Annexure – J passed by the Court of II Additional Civil Judge and JMFC II Court, Dharwad issuing NBW to the first petitioner / accused No.1 in C.C. No.557/2023 for the offences punishable under Sections 498A, 323, 504, 506, 420 read with Section 149 of IPC, Sections 3 and 4 of D.P. Act. ii) Issue a writ of mandamus direction directing the Court of II Additional Civil Judge and JMFC II Court, Dharwad to order the issue of summons to the first petitioner / accused No.1 in C.C. No.557/2023 pending on his file, and iii) Issue such other writs, directions and orders as may be deemed fir in the circumstances of the case, in the interest of justice and equity.” 2. Heard the learned counsel for the parties. - 4 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 3. Learned counsel for the petitioners submits that petitioner No.1 / accused No.1 is working abroad. Since charge sheet was filed showing the petitioner as absconding, the learned Magistrate after taking cognizance of the alleged offence has issued non-bailable warrant to the petitioner No.1 / accused No.1. Petitioner No.1 / accused No.1 is ready and willing to co-operate before the Trial Court and only for the reason that he is employed abroad, he could not appear before the Trial Court on the date of hearing. He submits that Petitioner No.1 / accused No.1 shall appear before the Trial Court on 11.09.2025 and file necessary application seeking regular bail in C.C. No.557 of 2023 arising out of Crime No.90 of 2022 registered by Hubballi Dharwad City Women Police Station for offences punishable under Sections 498A, 323, 504, 506, 420 read with Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act, which is now pending before the Court of II Additional Civil Judge and JMFC II Court, Dharwad. He submits that since non-bailable warrant has - 5 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 been issued to the petitioner No.1, some protection may be given to him so as to enable him to appear before the Trial Court on the aforesaid day, failing which, he is likely to be arrested, in the event he arrives to India. 4. Per contra, learned HCGP and learned counsel for respondent No.2 submit that petitioner No.1 had earlier approached this Court for re-issuing the passport contending that he intends to travel to India for the purpose of appearing before the Court. After the passport was issued, he has not appeared before the Court. Therefore, the chances of the petitioner No.1 once again dishonouring his commitments cannot be ruled out. 5. Petitioner No.1 is the husband of respondent No.2, who has filed a complaint before the Hubballi- Dharwad City Women Police Station on 25.11.2022, which has resulted in registering FIR in Crime No.90 of 2022 against the Petitioner No.1 and his relatives. After completing investigation, charge sheet has been filed - 6 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 against five persons and it is brought to the notice of this Court, the criminal proceedings as against the other accused, except the petitioner No.1 herein has been quashed by this Court in Criminal Petition No.103168 of 2023 disposed of on 01.02.2024. So far as petitioner No.1 herein is concerned, since he was shown as absconding in the charge sheet, the Trial Court, after taking cognizance of the charge sheet offences, has rightly issued non-bailable warrant against him. 6. Learned counsel for the petitioners has filed a memo before this Court on behalf of the petitioner No.1 undertaking to appear before the Trial Court on 11.09.2025. The said memo dated 30.08.2025 is taken on record. The same reads as follows: “In this petition, the petitioner has challenged the order passed by the Hon’ble Court of JMFC-II, Dharwad issuing warrant at first instance based on the charge sheet showing him as absconding. - 7 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 As directed by this Hon’ble Court, the first petitioner undertakes to appear before the Trial Court on 11th September, 2025 in C.C. No.557/2023.” 7. Under the circumstances, I am of the opinion that some protection has to be given to the petitioner No.1 so as to enable him to appear before the Trial Court as undertaken in the aforesaid memo, failing which, he is likely to be put into hardship, in the event the non-bailable warrant issued against him is executed on his arrival to India. Accordingly, the following: ORDER Writ Petition is partly allowed. The order dated 20.04.2023 passed by the Court of II Additional Civil Judge and JMFC II Court, Dharwad in C.C. No.557 of 2023 issuing non-bailable warrant against the petitioner is quashed. Petitioner is granted liberty to appear before the Trial Court on 11.09.2025, as undertaken in the aforesaid memo - 8 - HC-KAR NC: 2025:KHC-D:11048 WP No. 100544 of 2025 and in the event he files an application seeking regular bail, the Trial Court shall consider the same on merits and dispose of the bail application on the same day. In the event petitioner fails to appear before the Trial Court on 11.09.2025 as undertaken hereinabove, the Trial Court is at liberty to issue fresh non-bailable warrant against him. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 14