- 1 - NC: 2025:KHC-D:2510 CRL.P No. 101285 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101285 OF 2021 (482(Cr.PC)/528(BNSS)) BETWEEN: SACHIN NAD S/O SUBHASHBABU NAD, AGED ABOUT 40 YEARS, OCC: ENGINEER, R/O: BIJAPUR MIG 66 HUDCO COLONY, JALL NAGAR, BIJAPUR. … PETITIONER (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: 1. STATE THROUGH POLICE INSPECTOR, RANEBENNUR TOWN POLICE STATION, RANEBENNUR, REP. BY STATE POLICE PROSECTOR, ADVOCATE GENERAL OFICE, DHARWAD. 2. LATHA NAD W/O SACHIN NAD, R/O: BEERESHWAR NAGAR, RANEBENNUR, DISTRICT: HAVERI. … RESPONDENTS (BY SRI.PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; SRI. SANTOSH B. RAWOOT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION BY QUASHING THE PROCEEDINGSIN C.C.NO.968/18 IN CRIME NO.46/2017 REGISTERED WITH RANEBENNUR TOWN POLICE STATION, RANEBENNUR DISTRICT HAVERI FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 323, 498A, 448, 109, 354B, 504, 506 R/W 149 OF IPC, PENDING BEFORE THE IIND ADDL. CIVIL Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:42 +0530 - 2 - NC: 2025:KHC-D:2510 CRL.P No. 101285 of 2021 JUDGE (SR.DN) AND JMFC COURT AT RANEBENNUR DISTRICT HAVERI IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner No.1, who has been charge-sheeted for offences punishable under Sections 143, 147, 323, 498A, 448, 109, 354B, 504, 506 read with Section 149 of the Indian Penal Code, 1860 (“IPC”), is before this Court seeking relief. 2. The prosecution’s case is that accused No.1 is the husband of CW1, having married her on 17.11.2004. Accused Nos.2 to 7 are relatives of accused No.1. After the marriage, CW1 moved to the house of the accused persons. Subsequently, accused No.1 and CW1 relocated to Dubai and later to Australia, where they resided. From their wedlock, they have two children. During their stay in Australia, it is alleged that accused No.1, instigated by his relatives, subjected CW1 to cruelty. 3. On 14.04.2017, the couple returned to India and went to CW1’s maternal home. On 15.04.2017, accused No.1 allegedly assaulted CW1, suspecting her character, voluntarily causing hurt, insulting her in filthy language, and threatening to take away CW1 and their children. 4. On 18.04.2017, at around 4:00 PM, accused No.1, along with accused Nos.3 to 7 and others, allegedly trespassed into CW1’s maternal home, insulted her in filthy language, - 3 - NC: 2025:KHC-D:2510 CRL.P No. 101285 of 2021 assaulted her and the children, and forcibly took the children away. When CW1 and her parents tried to intervene, the accused allegedly assaulted them and took the children away in a car. Following the incident, CW1 sought medical treatment and lodged an FIR. 5. As accused No.1 was absconding, the charge sheet was split, and the trial proceeded only against accused Nos.2 to 7 in CC No.416/2017. 6. To prove its case, the prosecution examined 13 witnesses (PWs.1 to 13) and produced 20 documents (Exs.P1 to P20). The trial court, after appreciating the evidence on record, held that the prosecution failed to establish that accused Nos.2 to 7, along with accused No.1, had formed an unlawful assembly to commit the alleged offences. The court further found no evidence of criminal trespass, nor did it find proof of offences punishable under Sections 498A, 504, and 506 of IPC. Consequently, accused Nos.2 to 7 were acquitted. 7. The charges against accused No.1 and accused Nos.2 to 7 are similar and not distinct or separate. As all material witnesses have been examined, and the trial court, after evaluating the evidence, has acquitted accused Nos.2 to 7, the respondent/defacto complainant also filed a habeas corpus petition in WPHC No.64/2017. The Division Bench of this Court, by its order dated 22.10.2018, dismissed the petition, holding that the State had promptly taken steps to prevent the respondent from fleeing to Australia with the minor children. The Court further noted - 4 - NC: 2025:KHC-D:2510 CRL.P No. 101285 of 2021 that the petitioner, her husband, and children are Australian citizens and found that the petitioner had approached the Court with unclean hands, misused the State machinery, and attempted to mislead the police by providing a false address. The Supreme Court, in SLP (Criminal) Diary No.10616/2022, upheld the order of the Division Bench. 8. It is a settled principle of law that when there are no distinct and separate allegations against the petitioner compared to other accused persons, and when co-accused facing similar charges have been acquitted, continuing prosecution against the petitioner would amount to an abuse of process of law. While the judgment of acquittal of co-accused is not admissible under Sections 40 to 44 of the Indian Evidence Act, 1872, this principle applies only in cases where material witnesses have not been examined. 9. In the present case, all material witnesses, including respondent No.2, have been examined, and after due appreciation of evidence, the trial court acquitted accused Nos.2 to 7. Thus, subjecting the petitioner to trial would be futile, as the probability of conviction is remote and bleak, given the trial court’s acquittal of accused Nos.2 to 7 on similar charges. Furthermore, the Division Bench of this Court has already held that respondent No.2 misused the State machinery and approached the Court with unclean hands, suppressing material facts. - 5 - NC: 2025:KHC-D:2510 CRL.P No. 101285 of 2021 10. In view of the above, continuation of criminal proceedings against the petitioner would be an abuse of process of law. 11. Accordingly, I pass the following order: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.968/2018 on the file of the II Additional Senior Civil Judge and JMFC, Ranebennur, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM/JTR CT:BCK List No.: 1 Sl No.: 91