- 1 - HC-KAR NC: 2025:KHC-D:10541 CRL.P No. 103250 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103250 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MAHADEVAPPA @ MADEVAPPA S/O. BHEERAPPA DARAGAD, AGED ABOUT 29 YEARS, OCC. AGRICULTURE. 2. BEERAPPA S/O. YAMANPPA DARAGAD, AGED ABOUT 69 YEARS, OCC. AGRICULTURE, 3. LAXMAVVA W/O. BEERAPPA DARAGAD, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD WORK, ALL ARE R/O. KURUBARAGERI ONI, DANDAPUR, NARGUND TALUK, DIST. GADAG-582 207. … PETITIONERS (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10541 CRL.P No. 103250 of 2025 HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH NARAGUND POLICE STATION, DIST. GADAG-580 011. 2. UMA W/O. MAHADEVA DARGADAR, AGE. 21 YEARS, OCC. HOUSEHOLD WORK, R/O. NARAGUND, TQ. NARAGUND, DIST. GADAG-582 207. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.428/2025 (NARGUND P.S. CRIME NO.50/2025) PENDING ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. COURT, NARGUND, GADAG, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 85, 115(2), 351(2), 352, R/W SECTION 3(5) OF BNS, 2023 AND SECTION 4 OF DOWRY PROHIBITION ACT, 1961, IN SO FAR AS PETITIONER/ACCUSED NO.1 TO 3 ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10541 CRL.P No. 103250 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.428/2025 pending before the Civil Judge and JMFC, Nargund, Gadag, arising out of Crime No.50/2025 registered by Nargund Police Station, for the offences punishable under Sections 85, 115(2), 351(2), 352, R/W Section 3(5) of BNS, 2023 and Section 4 of Dowry Prohibition Act, 1961. 2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1. 3. Learned counsel for the petitioners having reiterated the grounds urged in petition submits that, petitioners have been falsely implicated in the present case. Accordingly, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:10541 CRL.P No. 103250 of 2025 4. Per contra, learned HCGP has opposed the petition. She submits that there is prima facie case against the petitioners. Accordingly, prays to dismiss the petition. 5. Accused No.1 is the husband of respondent No.2 and accused Nos.2 and 3 are the parents of accused No.1. In the first information, respondent No.2 has alleged that her marriage with accused No.1 was solemnised about 8 months prior to the date of registration of First Information Report and ever since her marriage, accused persons were ill-treating her in her matrimonial house in furtherance of their demand for bringing additional dowry from her house. She has stated that they were criminally intimidating her regularly and inspite of the same, she had resisted their acts and ultimately, she had informed about the acts committed by the accused to her father. On 24.02.2025, the accused persons had abused and assaulted respondent No.2 in furtherance of their demand to bring additional dowry and it is under these circumstances, she had approached the police on - 5 - HC-KAR NC: 2025:KHC-D:10541 CRL.P No. 103250 of 2025 11.03.2025 and based on her first information, FIR has been registered against the petitioners. After completing investigation, charge sheet has been filed against the accused and petitioners herein are arraigned as accused Nos.1 to 3 in the charge sheet. 6. During the course of investigation, the investigation officer has recorded the statement of 17 charge witnesses in the present case. The wound certificate of respondent No.2 is also a part of the charge sheet and perusal of the same would go to show that she has suffered certain simple injuries in the alleged incident that had taken place on 24.02.2025. It appears that since respondent No.2 was found to have consumed poison, she was admitted in the hospital and discharged on 10.03.2025. Thereafter, on 11.03.2025 she had approached the police and based on her first information, FIR was registered in the present case. The delay caused if any in approaching the police is therefore satisfactorily explained. In the first information, the victim has - 6 - HC-KAR NC: 2025:KHC-D:10541 CRL.P No. 103250 of 2025 specifically alleged that since she was unable to bare the harassment and torture meted out on her in her matrimonial house, after the alleged incident had taken place on 24.02.2025, she had consumed poison. Under the circumstances, it cannot be said that there is absolutely no material to prosecute the petitioners for the alleged offences. 7. Therefore, I am of the opinion that it is not a fit case for exercising the inherent powers of this Court under Section 482 of Cr.P.C. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 52