- 1 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103172 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. JENNATABBI W/O. ABDUL GAFFER TADAKAL, AGE. 53 YEARS, OCC. HOUSEHOLD, R/O. 2ND CROSS, M.D. COLONY, NEAR MASJID, YALLAPUR ONI, HUBBALLI, DIST. DHARWAD-580 001. 2. ABDULGAFFUR @ GAFFURSAB S/O. IMAMSAB TADKAL, AGE. 63 YEARS, OCC. TYRE BUSINESS, R/O. 2ND CROSS, M.D. COLONY, NEAR MASJID, YALLAPUR ONI, HUBBALLI, DIST. DHARWAD-580 001. 3. SMT. AFREENBANU W/O. WASIM BAGALKOT, AGE. 29 YEARS, OCC. HOUSEHOLD, R/O. NILGUND LAYOUT, BIDNAL, 1ST CROSS, H.NO.2, HUBBALLI, DIST. DHARWAD-580 001. 4. OSIMSAB @ WASIM S/O. SALEEMSAB BAGALKOT, AGE. 38 YEARS, OCC. RLY. EMPLOYEE, R/O. NILGUND LAYOUT, BIDNAL, 1ST CROSS, H.NO.2, HUBBALLI, DIST. DHARWAD-580 001. … PETITIONERS (BY SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 AND: 1. MOHAMMED JAFAR S/O. ALLABHAKSH BELAGAON, AGE. 65 YEARS, OCC. BUSINESS, R/O. NEAR GOLDEN CHURCH, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 001. 2. THE STATE OF KARNATAKA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD, THROUGH BENDIGERI P.S.-580 001. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.6509/2025 ARISING OUT OF BENDIGERI P.S. HUBBALLI CRIME NO.44/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 80, 85, 115(2), 351(2), 351(3), 352 R/W SECTION 3(5) OF B.N.S. 2023 AND UNDER SECTION 4 OF DOWRY PROHIBITION ACT 1961, ON THE FILE OF 3RD ACJ AND JMFC, HUBBALLI, VIDE ANNEXURE-D IN SO FAR AS PETITIONERS/ACCUSED NO.2 TO 5 HEREIN CONCERNED AS NULL AND VOID. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 5 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.6509/2025 pending before the III Additonal Civil Judge and JMFC, Hubballi, arising out of Crime No.44/2025 registered by Bendigeri Police Station, for the offences punishable under Sections 80, 85, 115(2), 351(2), 351(3), 352 R/W Section 3(5) OF B.N.S. 2023 and under 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, omnibus allegations are made against the petitioners herein and based on the same, the impugned criminal proceedings has been initiated against them. He submits that the deceased had committed suicide on 10.04.2025 and there is no such allegation that on 10.04.2025, the - 4 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 petitioners herein had committed any such act which had instigated or abetted the deceased to commit suicide. He submits that the petitioners are the relatives of accused No.1 and only for said reason they have been falsely implicated in the present case and in similar circumstances, the Hon'ble Supreme Court in the case of Dara Lakshmi Narayana and others v. State of Telangana and Another in Special Leave Petition No.16239/2024 has quashed the criminal proceedings. 4. Per contra, learned HCGP has opposed the petition. She submits that the death of the deceased has taken place in the matrimonial house within a period of 7 years from the date of marriage. There is a presumption as against the accused as provided in Section 118 of BSA 2023. She submits that there is a specific allegation against the petitioners that they along with accused No.1 had ill-treated the deceased in her matrimonial house in furtherance of their demand for bringing additional dowry. Accordingly prays to dismiss the petition. - 5 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 5. First informant in the present case is the father of deceased Gousiyabanu Mahammad Sadik. Marriage of accused No.1 with deceased was performed about 3 years 9 months prior to the date on which the deceased had committed suicide. It is specifically alleged in the first information that petitioners herein along with accused No.1 were abusing and ill-treating the deceased both physically and mentally in furtherance of their demand for payment of additional dowry. Deceased had committed suicide in her matrimonial house on 10.04.2025. Therefore, there is presumption under Section 118 of BSA 2023 as against the accused. After completing investigation, charge sheet has been filed against 5 persons and petitioners are arraigned as accused Nos.2 to 5 in the charge sheet. 6. During the course of investigation, statement of relatives and neighbours of the deceased has been recorded who speak about ill-treatment meted out on her by the accused persons in the matrimonial house. In the - 6 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 charge sheet, it is specifically alleged that all the accused persons had ill-treated and tortured the deceased in her matrimonial house in furtherance of their demand for bringing additional dowry. 7. In the first information, it is specifically alleged that, few days prior to the deceased committing suicide, she had returned to her parents’ house alleging that she was ill-treated in her matrimonial house by the accused persons. Subsequently, she was sent back to her matrimonial house by her parents after accused No.1 was advised by well wishers and elders. Therefore, it cannot be said that there is absolutely no material to prosecute the petitioners for the charge-sheeted offences. The judgment in the case of Dara Lakshmi Narayana (stated supra) has been rendered by the Hon'ble Supreme Court in a case where FIR was registered for offence punishable under Section 498A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. Therefore, the said judgment cannot be made applicable to the facts and circumstances of the - 7 - HC-KAR NC: 2025:KHC-D:10366 CRL.P No. 103172 of 2025 present case. It is trite that judgment can be relied upon and considered as precedent if the same is applicable to the facts and circumstances of the case. In the present case, there is a specific allegation against the accused about ill-treating the deceased in her matrimonial house and unable to bear the torture meted out on her, she had earlier returned to her parents' house, but was sent back by her parents after holding a panchayat, wherein they had agreed to pay money to accused No.1. Under the circumstances, 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.: 48