- 1 - HC-KAR NC: 2026:KHC-D:463 CRL.P No. 101394 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101394 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. PADMA, W/O GOVINDARAJULU GUNTAKALLU, AGED ABOUT 45 YEARS, OCC. HOUSE WIFE R/O. 1ST CROSS, AMBEDKAR NAGAR, MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD 580009. 2. AKHILA, D/O GOVINDARAJULU GUNTAKALLU (W/O MANJUNATH) AGED ABOUT 29 YEARS, OCC. HOUSE WIFE R/O. 1ST CROSS, AMBEDKAR NAGAR MANTUR ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD 580009. …PETITIONERS (BY SRI. SHASHANT S. CHATNI, ADVOCATE FOR SRI. G.I. GACHCHINAMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BENDIGERI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:463 CRL.P No. 101394 of 2023 POLICE STATION, HUBBALLI, SOUTH SUB-DIVISION, HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, DHARWAD 580020. 2. LALITHA D/O. SATHYANAND DAMMU AGE. 21 YEARS, OCC. HOME NURSING, R/O. VINOBHA NAGAR, OLD RAILWAY QUARTERS, H.NO. 717/A, GADAG ROAD, HUBBALLI, DIST. DHARWAD-580009. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. MOHANKUMAR M., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS OF S.C.NO.5027/2022 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI FOR THE ALLEGED OFFENCES PUNISHABLE U/S 342, 417,376(n), 506 R/W 34 OF IPC SO FAR IT PERTAINS TO THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Shashant S.Chatni for Sri Gurudev I. Gachchinamath, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri Mohankumar M., learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC-D:463 CRL.P No. 101394 of 2023 2. Petitioners are accused No.2 and 3 in S.C.No.5027/2022 on the file of V Additional District Judge Dharwad sitting at Hubballi. 3. Allegation against the petitioners are that they have abetted the offence committed by the 1st accused and they flatly refused to marry the victim girl with the 1st accused, who had forcible sexual intercourse with the victim lady in the guise of marrying her. 4. Police after thorough investigation filed the charge sheet and matter is pending for consideration before the learned trial Judge. 5. Whether at all the petitioners are responsible for abetting the offence committed by the 1st accused or not cannot be decided by this Court by holding a mini trial having regard to the scope of Section 482 Cr.P.C. 6. Prima facie materials available on record would indicate the involvement of the accused petitioners insofar as abetting the offence committed by the 1st accused and also threatening the victim. - 4 - HC-KAR NC: 2026:KHC-D:463 CRL.P No. 101394 of 2023 7. There is a presumption for the accused that they are innocent of the offences already against them and prosecution has to prove the charges levelled against the accused persons by placing cogent evidence on record. 8. As such, reserving the petitioners to place their defence before the trial Court in accordance with law, the grounds urged in the petition are not sufficient enough to quash the pending proceedings against the petitioners herein. 9. Hence, following order is passed: ORDER i. Petition is dismissed. ii. Petitioners are at liberty to canvas all favourable defences before the trial Court in accordance with law. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 2 SL NO.: 39