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2026 DAILYLAW 53613 (KAR)

SHIVANAND MAHANTESH NANDI v. THE STATE OF KARNATAKA

CRL.P/104124/2025 · 2026-01-22

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:831 CRL.P No. 104124 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104124 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHIVANAND MAHANTESH NANDI, AGE: 31 YEARS, OCC. BUSINESSMAN, R/O. NIDONI, TQ. BABALESHWAR, VIJAYAPUR, KARNATAKA 586101. 2. MAHANTESH SHIVAPPA NANDI, AGE: 60 YEARS, OCC. BUSINESSMAN, R/O. NIDONI, TQ BABALESHWAR, VIJAYAPUR, KARNATAKA-586101. 3. JYOTI MAHANTESH CHANNIGAVI, AGE: 35 YEARS, OCC. HOUSEWIFE R/O. NIDONI, TQ. BABALESHWAR, VIJAYAPUR, KARNATAKA 586101. …PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PSI, BELAGAVI CITY, WOMEN POLICE STATION, BELAGAVI, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580001. 2. LAXMI SHIVANAND NANDI, AGE 29 YEARS, OCC. EMPLOYED IN PRIVATE FIRMS, R/O. NIDONI, TQ. BABALESHWAR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:831 CRL.P No. 104124 of 2025 H.NO.220, 9TH CROSS, RUKMINI NAGAR, BELAGAVI CITY, KARNATAKA-590001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. VIJAY NAIK, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C. U/S. 528 OF BNSS 2023, PRAYING TO QUASH THE PROCEEDINGS AGAINST PETITIONERS/ACCUSED NO.1 TO 3 IN C.C NO.2219/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506, R/W 34 OF I.P.C. PENDING ON THE FILE OF THE J.M.F.C-II COURT, BELAGAVI, IN THE INTEREST 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 M.L.Vanti for Sri V.M.Sheelvant, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri Vijay K.Naik, learned counsel for respondent No.2. 2. Petitioners are the husband, father-in-law and sister- in-law of the second respondent facing charges under Section 498A, 323, 504, 506 read with Section 34 IPC. Order taking cognizance and proceeding with the criminal case is under challenge in this petition. 3. Sri M.L.Vanti, learned counsel would contend that at least insofar as petitioners No.2 and 3 are concerned, the - 3 - HC-KAR NC: 2026:KHC-D:831 CRL.P No. 104124 of 2025 criminal proceedings are to be quashed inasmuch as there is no specific overt-acts against petitioners No.2 and 3 and omnibus allegations are made in the complaint against them. 4. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader and Sri. Vijay K.Naik, learned counsel would support the order taking cognizance by contending that all the three are responsible for the mental and physical harassment for the second respondent and sought for dismissal of the petition. 5. Having heard the arguments of both sides, this Court perused the material available on record meticulously. 6. On such perusal of the material available on record, it is noted that petitioners are sharing the common roof and allegations found in the complaint are sufficient enough to proceed with the case. Moreover, materials collected by the investigation agency in the form of the statements of the charge sheet witnesses would prima facie make out a case for proceeding with the criminal action initiated against the petitioners. - 4 - HC-KAR NC: 2026:KHC-D:831 CRL.P No. 104124 of 2025 7. Expressing any opinion at this stage by this Court, that too while considering the prayer for quashing the proceedings by holding mini trial would definitely hamper the rights of the parties during the trial one way or the other. 8. Accordingly, following order is passed. ORDER i. Petition is dismissed. ii. All the available defences are kept open to be canvassed in the pending trial in accordance with law. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CMU LIST NO.: 2 SL NO.: 64