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2026 DAILYLAW 39351 (KAR)

SRI. M.R. SAI CHETHAN v. STATE BY BASAVANAGUDI WOMEN POLICE STATION

CRL.P/365/2024 · 2026-09-09

Rajesh Rai K

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Judgment text

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- 1 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 365 OF 2024 BETWEEN: 1. SRI. M.R. SAI CHETHAN S/O M.R RAMESH AGED ABOUT 28 YEARS, R/AT SRI VASAVI JEWELLERS M.G ROAD, BESIDE VASAVI TEMPLE, SRINIVASAPURA KOLAR DISTRICT-563 135 2. SMT. M.R CHANDRAKALA W/O M.R RAMESH AGED ABOUT 53 YEARS, R/AT SRI VASAVI JEWELLERS M.G ROAD, BESIDE VASAVI TEMPLE, SRINIVASAPURA,KOLAR DISTRICT-563 135 3. SRI. M.R RAMESH S/O M.A RAMACHANDRAIAH SHETTY AGED ABOUT 62 YEARS, R/AT SRI VASAVI JEWELLERS M.G ROAD, BESIDE VASAVI TEMPLE, SRINIVASAPUR, KOLAR DISTRICT-563 135 4. SMT. M.R VAISHNAVI W/O A.V RENUJ AGED ABOUT 26 YEARS, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 R/AT NO.892, 3RD 'A' MAIN ROAD, D BLOCK, 2ND STAGE RAJAJINAGAR, BANGALORE-560 010 5. SRI. A.V RENUJ S/O A VENKATESHWARA RAO AGED ABOUT 27 YEARS, R/AT NO.892, 3RD 'A' MAIN ROAD, D BLOCK, 2ND STAGE RAJAJINAGAR, BANGALORE-560 010 …PETITIONERS (BY SRI. NAYEEM PASHA S, ADVOCATE) AND: 1. STATE BY BASAVANAGUDI WOMEN POLICE STATION BENGALURU REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE-560 001 2. SMT BHAVANA K.L W/O SAI CHETHAN D/O SRI K.P LAKSHMI NARAYAN AGED ABOUT 30 YEARS, R/AT NO.88/E, PRASHANTHA NILAYA, 15TH MAIN ROAD, INDUSTRIES & COMMERCE LAYOUT, VIJAYANAGARA, BANGALORE-560 040 …RESPONDENTS (BY SRI. JAVEED S, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CR.NO.312/2023 OF BASAVANAGUDI WOMEN - 3 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 POLICE STATION, BENGALURU, FOR THE OFFENCE P/U/S 498A, 506, 354A OF IPC AND U/S 3 AND 4 OF D.P. ACT, PENDING ON THE FILE OF HONBLE 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This petition is filed under Section 482 of the Cr.P.C., seeking to quash the FIR in Crime No.312/2023 dated 20.12.2023 registered by the Basavanagudi Women Police Station against the petitioners for the offences punishable under Sections 498A, 506 and 354A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, ‘the DP Act’), which is presently pending on the file of the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru (for short, ‘the learned Magistrate’). 2. The brief facts of the case are that respondent No.2 lodged a complaint before respondent No.1-Police alleging that her marriage with petitioner No.1/accused No.1 was solemnized - 4 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 on 28.08.2023. It is alleged that, at the time of marriage, petitioner No.1 and his family members demanded gold and silver articles and cash by way of dowry. After the marriage, respondent No.2 started residing in the matrimonial home along with accused Nos.1 to 3. Though their relationship was cordial for a few months, it is alleged that thereafter the petitioners subjected her to harassment, demanding additional dowry of Rs.10,00,000/- and gold. It is further alleged that petitioner No.1, being her husband, was impotent and, when she questioned the same with him and his family members, she was threatened with dire consequences. It is also alleged that accused No.3, the father-in-law, and accused No.5, the brother-in-law, insisted upon her for sexual favours. In view of the alleged harassment, respondent No.2 left the matrimonial home and lodged the complaint. Based on the said complaint, respondent No.1-Police registered the case against the petitioners for the offences stated supra. Aggrieved by the registration of the said case, the petitioners have preferred the present petition. - 5 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 3. It is contended in the petition that respondent No.2-complainant has lodged a false complaint against the petitioners out of vengeance and that no such harassment, as alleged in the complaint, had ever taken place. It is further contended that petitioner Nos.4 and 5/accused Nos.4 and 5 i.e. the sister-in-law of the complainant and the said sister-in-law's husband respectively, are residing separately at Bengaluru in their matrimonial home. Hence, it is contended that the allegations made against them are false and baseless. 4. Per contra, opposing the prayer of the petitioners, learned HCGP contended that the matter is presently at the crime stage and the Police are required to investigate the allegations made in the complaint and ascertain the truth. It is further contended that, when the complaint discloses prima facie material constituting the alleged offences, the FIR cannot be quashed at this stage. Accordingly, he sought dismissal of the petition. 5. I have given my anxious consideration to the submission made by the learned counsel for the respective - 6 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 parties so also perused the entire documents available on record. 6. As could be gathered from records, the matter is at a nascent stage, and the investigation has not progressed beyond the preliminary steps taken immediately after registration of the case. The relevant evidence is yet to be collected upon a thorough investigation and placed before the Court. At this stage, this Court cannot anticipate the outcome of the investigation or record a finding on the allegation of false implication or mala fides merely on the basis of the defence raised by the petitioners. Therefore, the complaint cannot be thrown out at the threshold on the basis of an unsubstantiated defence. 7. In the instant case, it is specifically averred in the complaint that accused Nos.1 to 5, together, subjected respondent No.2-complainant to harassment. Serious allegations are also made against accused Nos.1 to 3 and 5, particularly alleging that accused No.1 was impotent and that accused No.3, being the father-in-law, and accused No.5, being the brother-in-law, insisted upon the complainant for sexual - 7 - HC-KAR CNR: KAHC010013702024 NC: 2026:KHC:48950 CRL.P No. 365 of 2024 favours. These allegations require detailed investigation by the Police to ascertain the truth and veracity of the accusations made in the complaint. Therefore, at this stage, it would not be appropriate to interdict the investigation or quash the proceedings. Accordingly, the petition, being devoid of merits, is dismissed. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 19