- 1 - HC-KAR NC: 2026:KHC-D:348 CRL.P No. 100039 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100039 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: BASAVESHWAR @ GIRISH S/O DAYANAND ITAGI AGE: 40 YEARS, OCC. LECTURER, R/O. NAVA AYODHYA NAGAR, 3RD CROSS, HUBBALLI. &PETITIONER (BY SRI. KAVITA S. JADHAV, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD THROUGH HUBBALLI WOMAN POLICE STATION-580011. 2. RUPA W/O BASAVESHWAR @ GIRISH ITAGI AGE: 46 YEARS, OCC. LECTURER, R/O. NAVA AYODHYA NAGAR, 3RD CROSS, HUBBALLI, AT PRESENT R/O. C/O. S S YAVAGAL, ALAGUNDAGI ONI, HUBBALLI. &RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FO R1; NOTICE SERVED TO R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER / ACCUSED IN C.C.NO.2474/2019, ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC COURT, HUBBALLI, FOR THE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:348 CRL.P No. 100039 of 2021 ALLEGED OFFENCES U/SEC.498A, 323, 504 AND 506 OF INDIAN PENAL CODE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Smt. Kavita S. Jadhav, learned counsel for the petitioner and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State. 2. Respondent No.2 served with the notice and remained absent. 3. The petitioner is the husband of respondent No.2, who has been charge sheeted for the offences punishable under Sections 498(A), 323, 504 and 506 of Indian Penal Code, 18601. The matter is pending in C.C. No.2474/2019 on the file of III Additional Civil Judge and JMFC Court, Hubballi2. Pursuant to the charge sheet filed by the Mahila Police Station, Hubballi, after investigation of the 1 For short, ‘IPC’ 2 For short, ‘Trial Court’ - 3 - HC-KAR NC: 2026:KHC-D:348 CRL.P No. 100039 of 2021 complaint lodged by respondent No.1, the learned Trial Magistrate has taken cognizance of the offences. 4. Learned counsel for the petitioner would contend that on contest the parties have been separated by decree of divorce and therefore, continuation of the pending criminal proceedings against the petitioner is totally unwarranted. Hence, sought for allowing of the petition. 5. Learned High Court Government Pleader for respondent No.1-State would contend that mere obtaining an order of divorce would not efface the criminality alleged against the petitioner in the form of charge sheet and trial has to continue. Hence, sought for dismissal of the petition. 6. In the light of the arguments put forth by learned counsel for the respective parties, this Court perused the material on record meticulously. 7. On such perusal of material on record, it is evident that the incidents of harassment have been specifically narrated in the complaint and the same is found in the charge sheet materials. - 4 - HC-KAR NC: 2026:KHC-D:348 CRL.P No. 100039 of 2021 8. According to the learned counsel for the petitioner, the said incidents are false and the petitioner is in a position to demonstrate that they are incorrect. 9. However, such a determination would require a mini trial, which cannot be held by this Court while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973. 10. Further, if there is no truth in the allegations found in charge sheet, the petitioner would be entitled for acquittal before the Trial Court after a full fledged trial. 11. It is not permissible for this Court to accept the contentions urged on behalf of the petitioner on the ground there is a decree of divorce and therefore, criminal case is to be discontinued especially when the respondent No.2 has not consented for the same. 12. Accordingly, the following: ORDER (i) The petition is dismissed. - 5 - HC-KAR NC: 2026:KHC-D:348 CRL.P No. 100039 of 2021 (ii) All the contentions and defences which are favourable to the petitioner shall be permitted to be urged in the trial before the Trial Court in accordance with law. Sd/- (V.SRISHANANDA) JUDGE SMM CT:CMU LIST NO.: 2 SL NO.: 22