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2025 DAILYLAW 65350 (KAR)

HUSSAIN BEE W/O. LAT HONNUR SAB v. THE STATE OF KARNATAKA

CRL.P/102119/2025 · 2025-07-31

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9508 CRL.P No. 102119 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102119 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. HUSSAIN BEE W/O. LATE HONNUR SAB, AGE: 46 YEARS, OCC: HOUSE WIFE, R/O: D.NO.31/1, NEAR DALWALA MOSQUE, 1ST CROSS, BALLARI, DIST: BALLARI-583 101. 2. ARAVIND S/O. JNANOBARAO, AGE: 39 YEARS, OCC: TAILOR, R/O: SAI LADIES TAILOR SHOP, NEAR GANESH TEMPLE, RADIO PARK, COWL BAZAR, BALLARI, DIST: BALLARI-583 101. … PETITIONERS (BY SRI. AMAREGOUDA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA (COWL BAZAR POLICE STATION), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9508 CRL.P No. 102119 of 2025 2. P.B. GANAPATHY S/O. P.S. BHEEMAIAH, AGE: 46 YEARS, OCC: ASSISTANT VICE PRESIDENT, TATA AIA LIFE INSURANCE COMPANY LTD., 2ND FLOOR, UMIA EMPORIUM, NO.97, OPPOSITE TO NEXUS MALL, HOSUR ROAD, MADIVALI, BENGALURU, BENGALURU CITY. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. S.R. HEGDE AND SRI. S.S. HEGDE, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE COMPLAINT, FIR IN COWLBAZAR POLICE STATION CRIME NO.132/2024 DATED 02.08.2024 PENDING IN THE COURT OF PRL. CIVIL JUDGE AND JMFC, AT BALLARI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 419, 420, 465, 468, 471, 463, 468 OF IPC, SO FAR AS PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 2, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9508 CRL.P No. 102119 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 in Crime No.132/2024 registered by Cowl Bazar Police Station, Ballari for offences punishable under Sections 419, 420, 463, 465, 468, 471 of IPC are before this Court in this petition filed under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the said case against them. 2. Heard the learned counsel for the parties. 3. Perusal of the material on record would go to show that in the first information which is filed by the authorized representative and Assistant Vice President (Legal), Tata AIA Life Insurance Company Limited, Hosur Road, Bengaluru, it is alleged that accused Nos.1 and 2 by creating fraudulent documents had obtained an insurance policy in the name of Honnur Sab S/o. Hussain Sab, the husband of accused No.1. Subsequently, a claim was made for payment of the insured amount on the ground that Honnur Sab had died. On an internal verification, it was found that based on fraudulent documents, the insurance policy was obtained on 16.05.2023, - 4 - HC-KAR NC: 2025:KHC-D:9508 CRL.P No. 102119 of 2025 whereas the alleged policy holder Honnur Sab had died on 29.04.2023 itself, which is much prior to even filing of an application for issuance of the insurance policy. It is under these circumstances, FIR has been registered against the accused Nos.1 and 2 and considering the nature of allegations found as against accused Nos.1 and 2, this Court is of the considered view that investigation is necessary and at this stage, the FIR registered against the petitioners cannot be quashed. Accordingly, the following: ORDER Criminal petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 75