Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39208 (KAR)

SRI NAGARAJEGOWDA C v. THE STATE OF KARNATAKA

CRL.P/1100/2026 · 2026-09-07

Anant Ramanath Hegde

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010051852026 NC: 2026:KHC:48496 CRL.P No. 1100 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 1100 OF 2026 BETWEEN: 1. SRI. NAGARAJEGOWDA C S/O LATE. CHIKKAMOGANNA, AGED ABOUT 65 YEARS, 2. NAGARATHNA C T W/O. NAGARAJEGOWDA C AGED ABOUT 55 YEARS THE PETITIONER NO.1 AND 2 ARE RESIDING AT NO. 1926, 2ND CROSS, NEAR BEML ARCH, SHRIRAMPURA, CHAMARAJAMOHALLA, MYSURU - 570 023. PERMANENT RESIDING AT HAGALAHALLI VILLAGE, C A KERE HOBLI, MADDUR TALUK, MANDYA, KARNATAKA - 571 422. …PETITIONERS (BY SRI. VISHNU SHARMA B.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANDYA WOMEN POLICE, REP. BY STATE PUBLIC PROSECUTOR, Digitally Signed by ANANT RAMNATH HEGDE on 09-09-2026 Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010051852026 NC: 2026:KHC:48496 CRL.P No. 1100 of 2026 HIGH COURT BUILDING, BENGALURU - 560 001. 2. SMT. BHAVYASHREE N S W/O. NIKILRAJ N S @ MANIKYA AGED ABOUT 65 YEARS RESIDING AT ANITHA CONVENT ROAD, 8TH CROSS, NES EXTENSION, MALAVALLI TOWN, MANDYA - 571 430. …RESPONDENTS (BY SRI. NAGHARISH G.S, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO A. QUASH THE IMPUGNED CHARGE SHEET CASE BEARING NO. 57/2024, DT:02.12.2024 FILED BY THE RESPONDENT NO.1- POLICE AGAINST THE PETITIONERS IN CRIMINAL NO.118/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AT MALAVALLI, SECTION 85, 352,115(2), 351(2), 127(2), 54 OF BNS ACT AND SECTION 3, 3(5), 4 AND 6 DOWRY PROHIBITION ACT, 1961. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally Signed by ANANT RAMNATH HEGDE on 09-09-2026 - 3 - HC-KAR CNR: KAHC010051852026 NC: 2026:KHC:48496 CRL.P No. 1100 of 2026 ORAL ORDER Heard the learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1. 2. The present petition is filed to quash the charge sheet bearing No.57/2024, dated 26.09.2024 filed by respondent No.2-police against the petitioners in C.C.No.118/2024, pending before the Court of Senior Civil Judge and JMFC, Malavalli, for the offences punishable under Sections 85, 352, 115(2), 351(2), 127(2) and 54 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3, 3(5), 4 and 6 of the Dowry Prohibition Act, 1961. 3. Learned counsel appearing for the petitioners submits that the complaint is filed by respondent No.2, who is the wife of accused No.1 and their marriage was solemnized on 07.12.2023. The complaint was lodged against six persons and all six persons have been charge- sheeted. The present petition is filed by accused Nos.2 and Digitally Signed by ANANT RAMNATH HEGDE on 09-09-2026 - 4 - HC-KAR CNR: KAHC010051852026 NC: 2026:KHC:48496 CRL.P No. 1100 of 2026 3, who are the mother-in-law and father-in-law of the respondent No.2. 4. Learned counsel for the petitioners submits that, the allegations against the accused Nos.2 and 3 are vague. Though it appears that there are some allegations against husband/accused No.1, the allegations against the accused Nos.2 and 3 are omnibus and it is further submitted that the dispute between the accused Nos.1 and respondent No.2 is sought to be converted into a criminal case. 5. Learned HCGP would oppose the petition on the ground that the complaint discloses the cognizable offences against the petitioners. The police after investigation have filed the charge sheet against the petitioners. According to the prosecution, there are eyewitnesses to the alleged incident of harassment by the petitioners. Digitally Signed by ANANT RAMNATH HEGDE on 09-09-2026 - 5 - HC-KAR CNR: KAHC010051852026 NC: 2026:KHC:48496 CRL.P No. 1100 of 2026 6. Learned counsel for the petitioners would submit that there are no ingredients of the offences punishable under Sections 115(2), 351(2), 127(2) and 54 of the BNS. 7. The Court has considered the contentions raised at the bar and perused the records. 8. The complainant has made allegations against several persons named in the complaint, including the present petitioners. The allegation is about the ill- treatment by the petitioners along with other persons named in the complaint. 9. The police, after completion of the investigation, have filed the charge sheet as noticed above. Some of the contentions raised by the petitioners are based on disputed questions of facts. 10. Though learned counsel for the petitioners would submit that the ingredients of some of the offences alleged against the petitioners are totally missing in the Digitally Signed by ANANT RAMNATH HEGDE on 09-09-2026 - 6 - HC-KAR CNR: KAHC010051852026 NC: 2026:KHC:48496 CRL.P No. 1100 of 2026 complaint, this Court is of the view that such a contention can be adequately addressed at the time of framing the charge. It is always open to the petitioners to file an application for discharge for those offences, if there are no ingredients in the charge sheet. In view of the above, this Court is of the considered opinion that, at this juncture, the petition cannot be entertained. 11. Accordingly, the petition is dismissed, reserving liberty to the petitioners to avail such remedy to seek discharge in respect of those offences for which, according to the petitioners, there are no allegations. 12. It is made clear that this Court has not expressed any opinion on the merits of any offences. (ANANT RAMANATH HEGDE) JUDGE AMA List No.: 1 Sl No.: 6 Digitally Signed by ANANT RAMNATH HEGDE on 09-09-2026