- 1 - HC-KAR NC: 2026:KHC-D:2448 CRL.P No. 105069 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105069 OF 2025 (482(CR.PC)/528(BNSS)-) BETWEEN: SUNITA D/O KERIYAPPA HOSUR AGE 36 YEARS, OCC. PRIVATE JOB R/O. MATTIHALLI, KONANAKOPPA TQ HANGAL DIST HAVERI. …PETITIONER (BY SRI. KOTRESH V. HUBBALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY MUNDARAGI POLICE STATION TQ AND DIST GADAG REP/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH. 2. SRI MAHESH S/O GOVINDAPPA AGE 38 YEARS, OCC. IN-CHARGE ASSISTANT ACCOUNTANT, BESCOM, MADHUGIRI R/O. ANTARA SANAHELLI, POST. ARIKERE TQ AND DIST TUMAKURU 583230. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SMT. VAISHALI K. KALADAGI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023, SEEKING TO QUASH THE COMPLAINT AND FIR IN CRIME NO 222/2025, REGISTERED BEFORE RESPONDENT NO. 1 (MUNDARGI POLICE STATION, MUNDARGI), AGAINST THE PETITIONER (ACCUSED NO. 1) FOR THE OFFENCE P/U/SEC. 80, 85 R/W SEC. 3(5) OF BNS 2023 AND U/SEC. 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, PENDING BEFORE THE PRL CIVIL JUDGE (JR.DN) AND J.M.F.C. MUNDARGI. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.20 16:00:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2448 CRL.P No. 105069 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Kotresh V. Hubballi, learned counsel for the petitioner; Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1; and Smt.Vaishali K. Kaladagi, learned counsel for respondent No.2. 2. This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”) with following prayer: a. Wherefore, it is most respectfully prayed that, this Hon’ble Court may be pleased to quash the complaint and FIR in Crime No.222/2025, registered before respondent No.1 (Mundaragi Police Station, Mundaragi), against the petitioner (accused No.1) for the offences punishable U/S 80 and 85 r/w Sec 3(5) of BNS-2023 and under Sections 3 and 4 of Dowry Prohibition Act, 1961. pending before the Hon’ble Prl.Civil Judge (Jr.Dn) and JMFC Mundaragi. b. Any other appropriate relief that, this Hon’ble Court deems just and proper in the circumstances of the case - 3 - HC-KAR NC: 2026:KHC-D:2448 CRL.P No. 105069 of 2025 may pleased be passed in the interest of justice and equity. 3. Upon the complaint lodged by respondent No.2, the jurisdictional police have registered a criminal case in Crime No.222/2025 dated 03.11.2025 for the offences punishable under Sections 80 and 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”), and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. The gist of the complaint averments reveals that the elder sister of the complainant was earlier married to one Prakash in the year 2015. On account of incompatibility, a decree of divorce was obtained. Thereafter, with the assistance of a marriage broker, his elder sister got married to Manjunathaswamy. She was working as a lecturer at Mundaragi and was drawing a handsome salary. However, there were frequent bickerings in the matrimonial life. 5. It is alleged that when the present petitioner entered their lives and developed intimacy with - 4 - HC-KAR NC: 2026:KHC-D:2448 CRL.P No. 105069 of 2025 Manjunathaswamy, who is the brother-in-law of the complainant, he started ill-treating the complainant’s sister. 6. It is further alleged that the deceased was subjected to mental harassment, which ultimately led her to commit suicide. 7. The complaint averments specifically state that the present petitioner also mentally ill-treated the deceased mentally. After registering the case, the police are investigating the matter. 8. The grounds urged in the petition at this stage are more in the nature of a defence and cannot be pressed into service to quash the pending FIR. 9. If no ingredients to attract the alleged offence is found against the petitioner, as contended by the learned counsel for the petitioner after investigation, the police shall file an appropriate final report in accordance with law. 10. The petitioner is at liberty to place all necessary materials before the Investigating Officer in support of her claim. - 5 - HC-KAR NC: 2026:KHC-D:2448 CRL.P No. 105069 of 2025 11. With the above liberty, the following order is passed: ORDER The petition is dismissed. However, the petitioner is at liberty to challenge any adverse report, if filed against her, after completion of the investigation. Sd/- (V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 117