- 1 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 2263 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. ADRAMMA S/O. LATE MAHAMMAD, AGED ABOUT 46 YEARS, R/AT. KAVINAMOOLE HOUSE, BELLARE VILLAGE, SULLIA TALUK, D.K DISTRICT - 574 212 2. MOIDU KUNHI, S/O. LATE ADAM, AGED ABOUT 42 YEARS, R/AT. KAVINAMOOLE HOUSE, BELLARE VILLAGE, SULLIA TALUK, D.K DISTRICT - 574 212. 3. THAJUDDIN, S/O.ABOOBAKKER, AGED ABOUT 35 YEARS, R/AT. PADPU HOUSE, BELLARE VILLAGE, SULLIA TALUK, D.K DISTRICT - 574 212 4. K ABDULLA, S/O. MAHAMMAD, AGED ABOUT 52 YEARS, R/AT. KAVINAMOOLE HOUSE, BELLARE VILLAGE, SULLIA TALUK, D.K DISTRICT - 574 212 5. MAHAMMAD SHAMEER, S/O.ABDULLA K, AGED ABOUT 23 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 R/AT. KAVINAMOOLE HOUSE, BELLARE VILLAGE, SULLIA TALUK, D.K DISTRICT - 574 212 6. MAHAMMAD NOUFAL, S/O. ABDUL KARIM, AGED ABOUT 23 YEARS, R/AT. PUDKAJE HOUSE, BELLARE VILLAGE, SULLIA TALUK, D.K DISTRICT - 574 212 …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BELLARE POLICE STATION, DAKSHINA KANNADA DISTRICT. REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. ABDUL NASIR, S/O. MOIDU KUNHI, AGED ABOUT 29 YEARS, R/AT. NIDYANA HOUSE, KEDAMBADY VILLAGE, PUTTUR TALUK, D.K DISTRICT_574 210 …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1000/2024 ON THE FILE OF C.J AND JMFC, SULIA, D.K. DISTRICT OF BELLARE POLICE STATION, D.K. DISTRICT FOR THE OFFENCES P/U/S 143, 341, 323, 506, 149 OF IPC WHICH IS PRODUCED AS ANNEXURE-A, IN THE ABOVE CASE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; Quash the entire proceedings in C.C.No.1000/2024 on the file of CJ and JMFC, Sullia, D.K. District of Bellare Police Station, D.K. District for the offences punishable under Section 143, 341, 323, 506, 149 of IPC which is produced as Annexure-A in the above case. 2. The Investigating Officer had recorded statement of respondent no.2 on 23.08.2023 in the ICU upon respondent no.2 attempting to commit suicide on which basis Crime No.55/2023 came to be registered by the Bellare Police Station for offences under Section 341, 323, 506 and 141 of the IPC. Subsequent thereto, a charge sheet had been laid on 03.04.2024. It is challenging both, the petitioners are before this Court. 3. The statement as recorded by the IO, indicates that on 17.08.2023, the accused, that is the petitioner herein, had assaulted respondent no.2 in the car of petitioner no.1 and had threatened his life and liberty if he were to pursue the wife of petitioner no.1. The - 4 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 statement also indicates that despite respondent no.2 being aware of petitioner no.1 being married to the said Sumayya, he persisted in his approach to the said Sumayya and had even gone to the house of petitioner no.1 and Sumayya to speak to her and thereafter, it is alleged that in the car of petitioner no.1, respondent no.2 had been assaulted. 4. A perusal of the statement of B.Musa, who is shown in the charge sheet as CW-3, indicates that on 17.08.2023, when the said B.Musa along with his wife had gone to Puttur, he heard some voices of the petitioners warning respondent no.2 not to come to their house and not to approach the wife of petitioner no.1 and had also indicated that if he again came there, petitioner no.1 would lodge a complaint with the jurisdictional police. He has categorically stated that at that time respondent no.2 tried to catch hold of the hand of the wife of petitioner no.1 and dragged her and it is at that time that petitioner no.1 and his relatives i.e. petitioners no.2 to 5 intervened and threatened respondent no.2 that if he were to again come to the said house to follow the wife of petitioner no.1 or approach the wife of petitioner - 5 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 no.1, they would take care of him as also threatened his life. 5. Apart from this statement of an eyewitness which has been recorded there is no other eyewitnesses to the said event which occurred. An examination of this statement along with the statement recorded by the IO would indicate that it is the respondent no.2 who had visited the house of petitioner no.1 and his wife Sumayya – CW9. He was trying to speak to her when the husband and the family members intervened. 6. Even as per CW-3, petitioner no.1 had only indicated that if respondent no.2 were to persist, a police complaint would be lodged and respondent no.2 had sought for forgiveness of the petitioner no.1. Thereafter tried to pull the hand of his wife. It is at that time when a threat was issued by the petitioners. 7. Respondent no.2 having visited the house of petitioner no.1 and tried to pull the hand of his wife of petitioner no.1, a threat being issued at that time cannot be found fault with. It is not that the petitioners went to the house of respondent no.2 or - 6 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 assaulted respondent no.2 and threatened respondent no.2 at any other place. It is respondent no.2 who had visited the house of petitioner no.1. 8. From the statement of CW-3, it is clear that the petitioners had indicated that a police complaint would be filed, which is an exercise of lawful remedies available to the petitioners, and no fault can be found with such a statement being made by the petitioners. Subsequently respondent no.2 is stated to have consumed rat poison and attempted to commit suicide and it is at that stage that this statement was recorded and respondent no.2 has also expired thereafter. In that view of the matter at this stage there is no other witness apart from CW-3 the complainant also having expired. Both taking into account the allegations which have been made and also taking into account the futility of a further trial in the matter with respondent no.2 having expired and no other witness being available, I am of the considered opinion that the entire allegations taken as a whole do not constitute any offence against the petitioners. As such, this Court passes the following: - 7 - HC-KAR CNR: KAHC010097072025 NC: 2026:KHC:49737 CRL.P No. 2263 of 2025 ORDER i) Criminal petition is allowed. ii) The proceeding in CC No.1000/2024 on the file of C.J. and JMFC., Sullia, D.K., District of Bellare Police Station, D.K.District for the offence under Section 143, 341, 323, 506, 149 of IPC at Annexure-A is quashed. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 23