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2026 DAILYLAW 48747 (KAR)

KALEEMULLA ULLAS v. THE STATE OF KARNATAKA

CRL.P/8502/2021 · 2026-01-30

M G Uma

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5101 CRL.P No. 8502 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 8502 OF 2021 BETWEEN: 1. KALEEMULLA ULLAS S/O LATE ULLAS AGED ABOUT 39 YEARS, PRESENTLY R/AT D.NO.192, 2ND MAIN, 3RD CROSS, HAL ISLAMPUR, VIMANAPURA POST, BENGALURU NORTH DISTRICT, BENGALURU - 560 017. 2. SHAFIULLA S/O LATE ULLAS AGED ABOUT 45 YEARS, PRESENTLY #G-423, 5TH MAIN, 4TH CROSS, HAL OLD TOWNSHIP, VIMANAPURA POST, BENGALURU NORTH DISTRICT, BENGALURU - 560 017. 3. ALIM PASHA S/O LATE ULLAS AGED ABOUT 41 YEARS, PRESENTLY R/AT D.NO.192, 2ND MAIN, 3RD CROSS, HAL ISLAMPUR, VIMANAPURA POST, BENGALURU NORTH DISTRICT, BENGALURU-560 017. 4. GULNAAZ AGED ABOUT 48 YEARS, D/O LATE ULLAS PRESENTLY R/AT D.NO.192, 2ND MAIN, 3RD CROSS, HAL ISLAMPUR, VIMANAPURA Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5101 CRL.P No. 8502 of 2021 POST, BENGALURU NORTH DISTRICT, BENGALURU-560017. …PETITIONERS (BY SMT. ANINDITA CHAKRABORTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HAL POLICE STATION REPRESENTED BY ITS COUNSEL STATE PUBLIC PROSECUTOR 2. NIKHATH FATHIMA D/O D.K. BARKATHALLA W/O KALEEMULLA ULLAS AGED ABOUT 29 YEARS, RESIDING AT NO.4, 1ST CROSS, MANDYA ROAD, NAGAMANGALA MANDYA DISTRICT - 571 432 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 SRI. BHARGAV D. BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 18.02.2020 AND CONSEQUENTLY FIR REGISTERED AS CR.NO.69/2020 OF HAL P.S., AND CHARGE SHEET DATED 20.08.2020 REGISTERED FOR THE OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P ACT ANNEXURE- A, B, C AND D IN C.C.NO.54855/2020 AND THE ENTIRE PROCEEDING PENDING ON THE FILE OF THE XXIX A.C.M.M., MAYO HALL, BENGALURU. THIS CRL.P, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 3 - HC-KAR NC: 2026:KHC:5101 CRL.P No. 8502 of 2021 ORAL ORDER The petitioners being accused Nos.1 to 4 in Crime No.69/2020 of HAL Police Station, now pending in C.C.No.54855/2020 on the file of the learned XXIX Additional Chief Metropolitan Magistrate, Mayo-Hall, Bangalore (hereinafter referred to as 'the Trial Court'), registered for the offences punishable under Sections 498-A, 504, 506 read with Section 34 of Indian Penal Code (for short, 'the IPC') and under Sections 3 and 4 of Dowry Prohibition Act (for short, 'the D.P. Act'), are seeking to quash the criminal proceedings initiated against them. 2. Heard Smt.Anindita Chakraborty, learned counsel for the petitioners, Smt.Sowmya R., learned HCGP for respondent No.1-State and Sri Bhargav D. Bhat, learned counsel for respondent No.2. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 4 - HC-KAR NC: 2026:KHC:5101 CRL.P No. 8502 of 2021 "Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS 4. Respondent No.2 being the wife of petitioner No.1 filed the first information against accused Nos.1 to 4. Accused No.1 is her husband and accused Nos.2 and 3 are his brothers and accused No.4 is his sister. The first information was filed by respondent No.2 on 18.02.2020, alleging that she married accused No.1 on 20.01.2019. About 20 days after the marriage, accused No.1 went back to Qatar on his duty. She was subjected to ill-treatment by accused Nos.2 to 4 and they gave mental torture. They sold 120 grams of gold ornaments given by her parents. In-spite of it, she went to Qatar to join her husband. Even when she was in Qatar, she was subjected to cruelty by accused Nos.2 to 4 and threatened her by calling over phone. Thereafter, she came back to India. When the accused demanded additional dowry, she started residing with - 5 - HC-KAR NC: 2026:KHC:5101 CRL.P No. 8502 of 2021 her parents. Therefore, she requested the police to register the case and to take legal action against them. 5. After investigation, the charge sheet came to be filed. As per column No.7 of the charge sheet, the accused used to demand Rs.1,00,000/- as dowry. During Ramzan, accused No.1 ill-treated her both physically and mentally. He has also given life threat to her. There is no allegation against accused Nos.2 to 4 in column No.7 of the charge sheet. 6. It is stated that the petitioner No.1 was at Qatar with accused No.2, during Ramzan in the year 2019, and she came back to India on 14.07.2019. Since then, she is residing with her parents. But the complaint came to be filed on 18.02.2020. There is no reason assigned either in the first information or in the charge sheet regarding the delay caused in lodging the complaint. When such bald and general allegations are made roping in all the family members of accused No.1, definitely it is in abuse of process of law. Therefore, I am of the opinion that the criminal proceedings initiated against the petitioners is liable to be quashed. Accordingly, I answer the above point in the 'affirmative' and proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:5101 CRL.P No. 8502 of 2021 ORDER (i) The Criminal Petition is allowed. (ii) The Criminal Proceedings initiated in Crime No.69/2020 of H.A.L. Police Station, pending in C.C.No.54855/2020 on the file of the learned XXIX Additional Chief Metropolitan Magistrate, Mayo-Hall, Bengaluru, registered for the offences punishable under Sections 498-A, 504 and 506 read with Section 34 of IPC and under Sections 3 and 4 of D.P. Act, is hereby quashed against the petitioners. In view of disposal of main petition, pending I.A.No.3 of 2025 seeking stay also stands disposed off. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 6