- 1 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200296/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. H. SHIVASHANKAR RAO S/O. H. SUBBA RAO, AGE: 49 YEARS, OCC: BUSINESS, R/O. 17/176, BASAPPA STREET, GUNTAKAL-515801, DIST. ANANTAPURA-515801, (ANDHRA PRADESH). 2. SMT. H. LAXMIBAI W/O. H. SHIVASHANKAR RAO, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O.17/176/A, BASAPPA VEEDI, KATIKA STREET, GUNTAKAL-515801, DIST. ANANTAPURA, (ANDHRA PRADESH). 3. KATIKA RAGHAVENDRA S/O KATIKA SHANKAR RAO, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 AGE: 40 YEARS, OCC: LABOURER, R/O. 8-3-128/R, NEHRU STREET, URAVANKONDA-515812, DIST. ANANTAPURA (ANDHRA PRADESH). 4. SMT. KATIKA LAXMIBAI W/O. KATIKA RAGHAVENDRA, AGE: 36 YEARS, OCC:HOTEL EMPLOYEE, R/O. 8-3-128/R, NEHRU STREET, URAVANKONDA-515812, DIST. ANANTAPURA, (ANDHRA PRADESH). 5. SMT. KATIKA ANITABAI C/O. K. RAGHAVENDRA, AGE: 27 YEARS, OCC: HOUSEWIFE, R/O. 8-3-128/R, NEHRU COLONY, URAVANKONDA-515812, DIST. ANANTAPURA, (ANDHRA PRADESH) …PETITIONERS (BY SRI SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH RAICHUR WOMEN POLICE STATION, RAICHUR EAST CIRCLE, DIST. RAICHUR-584101, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SMT. VEESHNAVI W/O. H. BHASKAR RAO, AGE: 24 YEARS, OCC: HOUSEWIFE, PRESENTLY RESIDING AT H.NO.1-9-155, - 3 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 AZAD NAGAR, RAICHUR, DIST. RAICHUR-585401. …RESPONDENTS (BY SMT. ARATI PATIL, HCGP, FOR R1; SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE, FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH ENTIRE PROCEEDINGS AGAINST PETITIONERS/ACCUSED NOS.2 TO 6 IN C.C. NO.2022/2024 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JFMC COURT, RAICHUR DISTRICT, RAICHUR, ARISING OUT OF CRIME NO.79/2023 REGISTERED BY RAICHUR WOMEN POLICE STATION, CHARGE-SHEETED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 R/W. SECTION 34 OF IPC AND SECTIONS 3 AND 6 OF DOWRY PROHIBITION ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard learned counsel Sri Sanjay A. Patil for the petitioners, learned High Court Government Pleader Smt. Arati Patil for the first respondent-State and learned counsel Sri Arunkumar Amargundappa for the second respondent. - 4 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 2. This petition is filed under Section 482 of Cr.P.C., with the following prayer: “a) Quash entire proceedings against petitioners/Accused No.2 to 6 in C.C No.2022/2024 on the file of II Addl. Senior Civil Judge and JMFC Court, Raichur, District Raichur arising out of Crime No.79/2023 registered by Raichur Women Police Station, charge sheeted for the offences punishable U/Sec.498A, 323, 504, 506 R/w. 34 of IPC and Sec. 3, 4 and 6 of Dowry Prohibition Act. b) Pass any other suitable order or direction as deem fit by this Hon'ble Court under the facts and circumstances of the case, in the interest of justice and equity.” 3. Facts in brief, which are utmost necessary for disposal of the present petition, are as under: 3.1 Upon the complaint lodged by the second respondent, Smt. Veeshnavi, the Raichur Women Police Station registered a case in Crime No.79/2023 on - 5 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 01.10.2023 for the offences punishable under Sections 498A, 323, 354, 504, 506 read with 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 3.2 Gist of the complaint averments revealed that the second respondent was married to first accused by name Bhaskar Rao on 11.05.2023 in Swagath Garden Function Hall, Raichur. At the time of marriage, apart from customary articles, 4 tolas of gold and Rs.2,00,000/- cash were given as dowry besides Rs.30,000/- towards the purchase of clothes. 3.3 After the marriage for a brief period the couple lived happy married life. Thereafter, the petitioners herein along with the first accused Bhaskar Rao started harassing the complainant, purportedly in the guise of demanding additional dowry. The telephone calls being made by the complainant to her relatives were objected to and mobile telephone was snatched by the accused persons many - 6 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 times. Based on the complaint Police registered the case and after thorough investigation filed charge-sheet. 4. Learned Trial Magistrate took cognizance, registered the criminal case and issued summons. 5. The order of taking cognizance and proceeding with the criminal case is called in question in this petition by the petitioners herein on the ground that petitioners’ Nos.3 to 5 are residing separately. Therefore, they were in no way connected with the offences alleged against them and hence, sought for quashing the criminal proceedings. 6. Per contra, learned High Court Government Pleader and counsel for the second respondent supports the registration of the criminal case by contending that all the petitioners have colluded together in harassing the complainant and sought for dismissal of the petition. - 7 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 7. During the course of arguments, counsel for petitioners has filed a memo, which reads as under: “Against petn No:1 & 2/A2 & A3 counsel for the petnrs’ is filing memo to withdrawal the petition as dismissed as withdrawn against petn. No.1 & 2 in the interest of justice.” 8. Learned counsel for the petitioners submits that placing the memo on record, petition against petitioner Nos. 1 and 2, who are accused Nos.2 and 3 be dismissed. 9. In view of the memo filed, petition against accused Nos.2 and 3 is dismissed as withdrawn. 10. In regard to the remaining petitioners, this Court heard the arguments on both sides and perused the material on record meticulously. 11. On such perusal of the material on record, insofar as the remaining petitioners are concerned, admittedly they did not share the common roof and there - 8 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 are no specific allegations against them except the omnibus and general allegations. 12. Taking note of the principles of law enunciated in the case KAHKASHAN KAUSAR @ SONAM & ORS., VS. THE STATE OF BIHAR & ORS reported in (2022) 6 SCC 599, this Court is of the considered opinion that insofar as the remaining petitioners, who are accused Nos. 3 to 5 pending proceedings needs to be quashed, as continuation criminal case against these petitioners amounts to abuse of process of law. 13. Hence, the following: ORDER i) The petition as against petitioner Nos.1 and 2, who are accused Nos.2 and 3 stands dismissed as withdrawn. ii) Petition as against petitioner Nos.3 to 5 who are the accused Nos. 3 to 6 is allowed. - 9 - HC-KAR NC: 2025:KHC-K:3658 CRL.P No. 200296 of 2025 iii) Pending proceedings in C.C. No.2022/2024 insofar as petitioners, who are accused Nos.3 to 6 are concerned stands quashed. iv) It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 40 CT:PK