- 1 - HC-KAR NC: 2026:KHC-D:1089 CRL.P No. 103531 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103531 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. ADIVEPPA S/O. DUNDAPPA KARANAVAR AGE. 23 YEARS, OCC. DRIVER, R/O. HAGEDAL VILLAGE-591309, TAL. HUKKERI, DIST. BELAGAVI. 2. SRI. APPANNA S/O. DUNDAPPA KARANAVAR AGE. 24 YEARS, OCC. AGRICULTURE, R/O. HAGEDAL VILLAGE-591309, TAL. HUKKERI, DIST. BELAGAVI. 3. SRI. RAMESH S/O. BASAPPA MAGADUM AGE. 33 YEARS, OCC. AGRICULTURE, R/O. HAGEDAL VILLAGE-591309, TAL. HUKKERI, DIST. BELAGAVI. 4. SRI. YALLAPPA S/O. RAMAPPA KARANAVAR AGE. 64 YEARS, OCC. AGRICULTURE, R/O. HAGEDAL VILLAGE-591309, TAL. HUKKERI, DIST. BELAGAVI. …PETITIONERS (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH YAMAKANMARADI POLICE STATION, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD-580011. 2. SAKREVVA KUNDED S/O. CHANDRAPPA AGE. 19 YEARS, OCC. STUDENT, R/O. ISLAMPUR-591309, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1089 CRL.P No. 103531 of 2023 TAL. HUKKERI, DIST. BELAGAVI. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. Z.M. HATTARKI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.2448/2023 (CRIME NO. 96/2023 YAMAKANAMARADI P.S.) PENDING ON THE FILE OF COURT OF PRL. CIVIL JUDGE AND J.M.F.C. HUKKERI REGISTERED FOR THE OFFENCE P/U/SEC. 376(2)(N), 420 AND 506 R/W 34 OF IPC, ORDER SHEET MARKED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Srinand A. Pachhapure, learned counsel for petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1. None appears for the second respondent. 2. Petitioners are the relatives of the main accused, who said to have given the life threat to the victim. They have approached this Court with the following prayer: Wherefore, it is respectfully prayed before this Hon’ble Court to quash the proceedings in C.C.No.2448/2023 (Crime No.96/2023 Yamakanmardi P.S.) pending on the file of Court - 3 - HC-KAR NC: 2026:KHC-D:1089 CRL.P No. 103531 of 2023 of Prl.Civil Judge and J.M.F.C.Hukkeri, registered for the offence punishable under Section 376(2)(n), 420 and 506 read with 34 of IPC, order sheet marked at Annexure-A, in the interest of justice. 3. Learned counsel for the petitioner has filed a memo seeking to withdraw the petition insofar as petitioner No.1 is concerned. Placing the memo on record, the petition in respect of petitioner No.1 is dismissed as withdrawn with liberty to file discharge application before the Trial Court. 4. Facts of the prosecution case is that under the guise of promise to marry, respondent No.1 had physical relationship with respondent No.2 and when the marriage was demanded, the demand was refused by the main accused. Respondent No.2 has approached the family members and at that juncture, the petitioners said to have given the life threat and as a result there is a deceiving act committed by the main accused apart from repeated sexual intercourse in the guise of promise to marry. 5. As could be seen from the entire complaint averments in the complaint and the charge sheet material on - 4 - HC-KAR NC: 2026:KHC-D:1089 CRL.P No. 103531 of 2023 record, the only allegation against the present petitioners is that they gave the life threat to the victim. 6. Section 34 of the IPC is also invoked by the prosecution. However, the same cannot be applied to the offences under Section 376(2)(n) or Section 420 of the IPC insofar as the present petitioners are concerned. 7. Taking note of the fact that the second respondent was a major, at the most, the trial can continue only as against the main accused and not against the petitioners Nos.2 to 4. 8. Hence, a case is made out for quashing the pending criminal proceedings arising out of Crime No.96 of 2023 of Yamakanmardi Police Station. 9. Hence, the following: ORDER (i) The petition is allowed. (ii) The pending proceedings arising out of Crime No.96 of 2023, pending in C.C.No.2448/2023, pending on the file of Court of Prl.Civil Judge and - 5 - HC-KAR NC: 2026:KHC-D:1089 CRL.P No. 103531 of 2023 J.M.F.C., Hukkeri are hereby quashed insofar as the petitioner Nos.2 to 4 are concerned. (iii) It is made clear that the observations made by this Court shall not affect the case of respondent No.2 in the pending trial insofar as the main accused is concerned. Sd/- (V.SRISHANANDA) JUDGE CLK/RHR/-Ct-cmu LIST NO.: 3 SL NO.: 39