- 1 - HC-KAR NC: 2025:KHC-K:3784 CRL.P No. 200143 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200143 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHANKREMMA W/O GURANNA SAHU BANGARI, AGE: 63 YEARS, OCC: HOUSEWIFE., R/O. H NO 5-1-231/4-A-6, CHITTAPUR ROAD, OPPOSITE MINI VIDHAN SOUDHA, YADGIRI-585202. 2. GURANNA S. BANGARI S/O SHARANAPPA SAHU BANGARI, AGE: 68 YEARS, OCC: NIL, R/O. H NO 5-1-231/4-A-6, CHITTAPUR ROAD, OPPOSITE MINI VIDHAN SOUDHA, YADGIRI- 585202. 3. MALLAREDDY S/O GURUANNA BANGARI, AGE: 39 YEARS, OCC: BUSINESS, R/O. H NO 5-1-231/4-A-6, CHITTAPUR ROAD, OPPOSITE MINI VIDHAN SOUDHA, YADGIRI-585202. 4. SUDHA W/O MALLAREDDY BANGARI, AGE: 38 YEARS, OCC: LECTURER, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3784 CRL.P No. 200143 of 2025 R/O. H NO 5-1-231/4-A-6, CHITTAPUR ROAD, OPPOSITE MINI VIDHAN SOUDHA, YADGIRI-585202. …PETITIONERS (BY SRI. RAJESH DODDAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH YADGIR WOMEN POLICE STATION, YADGIR, NOW REPRESENTED BY ADDITIONAL SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103. 2. SMT. SHRUTHI W/O SHARANBASAVA SAHU BANGARI, AGE: 29 YEARS, OCC: HOUSEWIFE, R/O. THANGUNDI VILLAGE, NOW AT OPPOSITE MINI VIDHAN SOUDHA, TQ. AND DIST. YADGIRI-585214. …RESPONDENTS (BY SMT. ANITA M. REDDY, HCGP FOR R1; SRI. GANESH NAIK, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING TO ALLOW THIS PETITION AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 14.11.2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND CJM YADGIRI IN CC NO. 1760/2024 FOR THE U/S 498-A, 323, 504 R/W 149 OF INDIAN PENAL CODE AND U/S 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 NOW PENDING ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND CJM YADGIR IN CC NO.1760/2024 CONSEQUENTLY QUASH THE CHARGE SHEET IN SO FAR AS PETITIONERS/ ACCUSED NO.2 TO 5 (AS PER CHARGE SHEET) ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3784 CRL.P No. 200143 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. Heard Sri. Rajesh Doddamani, learned counsel for the petitioner, Smt. Anita M. Reddy, learned High Court Government Pleader for respondent No.1 and Sri. Ganesh Naik, learned counsel for respondent No.2. 2. This petition is filed under Section 528 of BNSS, 2023 with the following prayer: “Wherefore, it is prayed that, this Hon’ble Court may kindly be pleased to allow this petition and quash the order of taking cognizance dated 14.11.2024 passed by the Hon’ble Senior Civil Judge and CJM, Yadgiri, in C.C.No.1760/2024 for the offence under Sections 498-A, 323, 504 read with Section 149 of IPC and under Sections 3 and 4 of Dowry Prohibition Act, 1961, now pending on the file of the Hon’ble Senior Civil Judge and CJM, Yadgiri, in C.C.No.1760/2024 conseqeuntly quash the charge sheet insofar as petitioners/accused Nos.2 and 5 (as per charge sheet) are concerned in the interest of justice and equity.” 3. Facts in brief which are utmost necessary for disposal of the present petition are as under: - 4 - HC-KAR NC: 2025:KHC-K:3784 CRL.P No. 200143 of 2025 3.1. The respondent No.2 – Smt. Shruthi lodged a complaint with Yadgiri Women Police Station on 24.02.2024 which is registered in Crime No.5/2024 for the offences punishable under Sections 498-A, 323, 504 read with Section 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 3.2. Gist of the complaint averments would reveal that, the marriage of the respondent No.2 took place with the accused No.1-Sharanabasava (who is not a petitioner before this Court) on 24.12.2018 in the house of the accused No.1 who is residing opposite to Mini Vidhan Soudha, Yadgiri. At the time of marriage, 180 grams gold, household articles worth rupees one lakh and a house site was given as a dowry. 3.3. After the marriage, the respondent No.1 joined matrimonial home and spent one week time in their ancestral house. Thereafter, the respondent No.2 and accused No.1 shifted to Bengaluru and they had a happy married life for about four to five months. Thereafter, there - 5 - HC-KAR NC: 2025:KHC-K:3784 CRL.P No. 200143 of 2025 were bickerings which was brought to the notice of their elders. 3.4. At that juncture, the petitioners along with the accused No.1 said to have been abused the complainant. The police after registering the case, investigated the matter and filed charge-sheet. 4. Petitioners before the Court are the relatives of the respondent No.2 who did not share a common roof. Even according to the complainant, herself and the accused No.1 were living separately in Bengaluru and in order to sought out differences, a meeting was held on 19.02.2024 at about 12.10 p.m., and the alleged incident has taken place wherein, additional dowry was demanded. 5. Admittedly, except the statements made by the complainant in the complaint and relatives of the complainant stating that, the petitioners were present, but no other specific allegations are found against the petitioners in the charge-sheet. The allegations against the petitioners are omnibus and general in nature. - 6 - HC-KAR NC: 2025:KHC-K:3784 CRL.P No. 200143 of 2025 6. Accordingly, following the dictum of Hon’ble Apex Court in the case of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others, reported in (2022) 6 SCC 599, this Court is of the considered opinion that, the pending criminal case is to be quashed as against the petitioners. Hence, the following order: ORDER (i) Petition is allowed; (ii) Pending proceedings in C.C.No.1760/ 2024 pending before the Court of Senior Civil Judge and CJM, Yadgiri, as against the petitioners is hereby quashed; (iii) It is made clear that, this Court has not expressed any opinion with regard to the merits of the case in respect of accused No.1 and the proceedings would continue as against the accused No.1. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 21 CT:PK