- 1 - HC-KAR NC: 2026:KHC-D:974 CRL.P No. 102178 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102178 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. VIJAY S/O. SHIVARAM NAIR, AGE. 48 YEARS, OCC. BUSINESS, R/O. WATER TANK, DANDELI, TQ. HALIYAL, DIST. UTTAR KANNADA-581325. 2. YESUPRASAD S/O. PRAKASHAM NANDIYAL, AGE. 63 YEARS, OCC. COOLIE, T/O. I/1162, TOWNSHIP, BOMBAY CHAWL, DANDELI, TQ. HALIYAL, DIST. UTTAR KANNADA-581325. …PETITIONERS (BY SRI. H.N. HANCHINAMANI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PSI TOWN POLICE STATION, DANDELI, DIST. UTTAR KANNADA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT: DHARWAD. 2. PANDURANGA S/O. DEMU KUDNEKAR AGE. 64 YEARS, OCC. RETIRED, R/O. GANDHI NAGAR, DANDELI, DIST. UTTAR KANNADA 581325. …RESPONDENTS (BY SMT.KIRTILATA R. PATIL, HCGP FOR R1; SRI. MANJUNATH S. BARADOOR, ADVOCATE FOR SRI. NAVEEN CHATRAD, ADVOCATE FOR R2) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:974 CRL.P No. 102178 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONER NO.1 AND 2/ACCUSED NO.1 AND 2 REGISTERED AT DANDELI TOWN VIDE P.S. CRIME NO.33/2025 PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT DANDELI FOR THE OFFENCES PUNISHABLE U/S 308(2), 318(4) AND 351(2) R/W SECTION 3(5) OF BHARATIYA NYAYA SANHITA (BNS) 2023 TO MEET THE ENDS OF JUSTICE. 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 H.N.Hanchinamani, learned counsel for petitioner, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri Manjunath S.Baradur for Sri Naveen Chatrad, learned counsel for respondent No.2. 2. Accused No.1 and 2 in Crime No.33/2025 are the petitioners challenging the FIR registered against him for the offence under Section 308(2), 318(4) and 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS 2023’). 3. Facts of the case are as under: 3.1 Second respondent filed a complaint with Dandeli Police Station contending that petitioner and Yesuprasad colluded - 3 - HC-KAR NC: 2026:KHC-D:974 CRL.P No. 102178 of 2025 together and enticing the complainant that he would get a job for the son of the complainant in the Railway Department extracted sum of ₹1,00,000/- near Somani Circle of Dhandeli on 07.10.2021 and again on 10.11.2021, sum of ₹1,20,000/-. When there was a subsequent demand on 20.11.2021, sum of ₹10,000/- was snatched by the petitioners, assuring that within fifteen days they would get the job to Vinayaka, who is the son of the complainant. 3.2 Fifteen days later, they told the complainant that the job is almost confirmed and if they pay another ₹1,00,000/-, they would get the job and extracted ₹25,000/- on 21.12.2022 and ₹20,000/- on 28.01.2023 and ₹50,000/- on 08.01.2024. In all, they extracted ₹3,85,000/- and they did not get the job as assured to the son of the complainant. 3.3 When Complainant demanded return of the amount near Old City Municipal Office of Dhandeli at about 05:00 p.m. on 03.02.2025, both the petitioners told that they would not return the money. Thus complainant got convinced that he was cheated and therefore, approached the police. - 4 - HC-KAR NC: 2026:KHC-D:974 CRL.P No. 102178 of 2025 3.4 Police after registering the case are investigating the matter. In the meantime, a civil suit is also filed in O.S.No.29/2025 and an application is filed in the said suit seeking direction to produce the original loan agreement for comparison of the signature. According to the petitioner, very registering of the criminal case itself is incorrect and it is a civil dispute between the petitioner and the complainant which has been wrongly portrayed as a case of cheating and filed a false complaint and sought for quashing of the pending FIR. 4. Per contra, learned counsel for respondent No.2 and learned High Court Government Pleader would support the registration of the criminal case. 5. Having heard the arguments of both sides, this Court perused the material on record meticulously. 6. On such perusal of the material on record, according to the petitioner, the transaction is a civil transaction and there is no criminality involved in it. Petitioner would further contend that even after registration of the case, for nine months, there is no improvement in the investigation and petitioner is being - 5 - HC-KAR NC: 2026:KHC-D:974 CRL.P No. 102178 of 2025 harassed by the investigation agency on one pretext or the other and sought for quashing of the pending complaint. 7. Taking note of the grounds urged in the petition is in the form of defence, and there are prima facie allegations about the cheating, this Court is of the considered opinion that no extraordinary ground is made out to quash the pending FIR. 8. If the petitioners are innocent, suitable report would be filed by the investigation agency under Section 193 of BNSS. 9. Therefore, it is too premature for this Court to express any opinion on merits of the matter. 10. Accordingly, following: ORDER i. Petition is dismissed. ii. However, if there is an adverse report filed against the petitioners under Section 193 BNSS, they are at liberty to challenge the same in accordance with the petition. Sd/- (V.SRISHANANDA) JUDGE CLK_CT-CMU