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2026 DAILYLAW 49391 (KAR)

MOHAMMED HASHAM v. THE STATE OF KARNATAKA

CRL.P/8561/2024 · 2026-02-04

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6737 CRL.P No. 8561 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8561 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMED HASHAM S/O MOHAMED IMAAN, AGED ABOUT 78 YEARS, R/AT 11TH B CROSS, BEHIND PARK MARUTHINAGARA, KHADHARNAGAR BATAVADI, TUMAKURU TOWN, TUMKURU - 577 101. 2. MOHAMMED TASNIF S/O MOHAMED IMAAN, AGED ABOUT 43 YEARS, R/AT 03, MUSKAN MANZIL, 1ST FLOOR, 6TH CROSS, 4TH MAIN, SADASHIVNAGAR, TUMKUR - 577 101. 3. FARHANA BHANU W/O MOHAMMED TASNIF, AGED ABOUT 40 YEARS, R/AT NO.3, MUSKAN MANZIL, 1ST FLOOR, 6TH CROSS, 4TH MAIN, SADASHIVNAGAR, TUMKURU - 577 101. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6737 CRL.P No. 8561 of 2024 4. TOUSIYA RIZWANA D/O MOHAMMED IMAAN, W/O JAFFER HUSSAIN, AGED ABOUT 40 YEARS, PRESENT ADDRESS, ARALIMARADAPALYA, SIRA GETE, TUMKURU TOWN, TUMKURU - 577 101 PERMANENT ADDRESS, C 426, SWARNA GRUHA, APARTMENT 3RD FLOOR, ANNENAHALLI, TUMKURU - 577 101. 5. JAFFER HUSSAIN S/O S IMTHIYAZ, AGED ABOUT 46 YEARS, PRESENT ADDRESS ARALIMARADAPALYA, SIRA GATE, TUMKURU TOWN, TUMKURU - 577 101 PERMANENT ADDRESS, C 426, SWARNA GRUHA, APARTMENT 3RD FLOOR, ANNENAHALLI, TUMKURU - 577 101 …PETITIONERS (BY SRI. M.B. RYAKHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA TUMKURU WOMENS' POLICE STATION, TUMKURU TALUK, TUMKURU DISTRICT - 577 101 - 3 - HC-KAR NC: 2026:KHC:6737 CRL.P No. 8561 of 2024 REP BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT BUILDING, BANGALORE - 560 001 2. KUSHNUDA BHANU W/O MOHAMMED TOUSIF, AGED ABOUT 29 YEARS, R/AT KANNIKA SCHOOL, MELEKOTE ROAD, TUDA LAYOUT, TUMKURU TOWN, TUMKURU - 577 101. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SMT. HALEEMA AMEEN, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.389/2023 IN CR.NO.26/2023 WHICH IS REGISTERED BY THE WOMENS P.S. TUMAKURU IN RESPECT OF THE PETITIONERS 1 TO 5 AND ACCUSED NO.2 TO 6 IN THE CHARGE SHEET FOR THE OFFENCE P/U/S 498(A), 504, 34 OF IPC AND SEC.3, 4 OF D.P ACT WHICH IS THE PENDING BEFORE THE II ADDL.SENIOR CIVIL JUDGE AND J.M.F.C TUMAKURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:6737 CRL.P No. 8561 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.389/2023 registered for offences punishable under Sections 498A, 504 and 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. M.B. Ryakha, learned counsel appearing for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Smt. Haleema Ameen, learned counsel appearing for respondent No.2 and have perused the material on record. 3. The charges are framed and the trial is on against these petitioners. After the charges being framed and the trial being set into motion, the petitioners have filed the subject petition invoking the jurisdiction of this Court under Section 482 of the Cr.P.C. 4. Learned counsel appearing for the petitioners - 5 - HC-KAR NC: 2026:KHC:6737 CRL.P No. 8561 of 2024 submits that there is nothing that can be said to be a crime or ingredients of Section 498A of the IPC. Since the charges are already framed, I declined to interfere at this stage of the proceedings. However, the first petitioner, who is now aged 80 years shall be exempted from appearance before the Court unless situation warrants. 5. With the aforesaid observations, the petition stands disposed, reserving liberty to the petitioners to urge all the contentions before the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 33 CT:BHK