- 1 - HC-KAR NC: 2026:KHC-D:1631 CRL.P No. 104978 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104978 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. RUPA W/O MANJUNATH KARJAGIMATH, AGE: 47 YEARS, OCC. HOUSEWIFE, R/O. GODIYAL ROAD, HUBBALLI-580024. 2. RAJASHEKAR S/O MUPPAYYA KALYANAMATH, AGED 45 YEARS, OCCUPATION: GUIDE, R/O. NEHRI NAGAR, VIJAYAPURA - 586 109. 3. RAHUL S/O ISHWARAYYA KALYANAMATH, AGE: 23 YEARS, OCCUPATION: STUDENT, R/O. NEHRU NAGAR, VIJAYAPURA - 586109. …PETITIONERS (BY SRI RAVICHANDRAGOUDA R.PATIL, ADVOCATE) AND: MAHALAKSHMI D/O NINGANAGOUDA HIREGOUDAR, AGED 32 YEARS, OCCUPATION: GOVERNMENT JOB, R/O. SANGOLLI RAYANNA NAGAR, DHARWAD-580002. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, PRAYING TO QUASH THE ORDER ISSUING NOTICE DATED 26.09.2025, ALL NOTICE ISSUED PRIOR THERETO, AND ALL SUBSEQUENT PROCEEDINGS IN PCR NO.115/2025 PENDING ON THE FILE OF III ADDL.SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, FOR THE OFFENCES U/S 319, 351, 318(4), 118(1), 456, 318 R/W 3(5) OF BNS, AS AGAINST THE PETITIONER NO.1, 2 AND 3 (ACCUSED NO.2, 3 AND 4), IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1631 CRL.P No. 104978 of 2025 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 Ravichandragouda R.Patil, learned counsel for petitioners. 2. Grievance of the petitioners is that without following the requisite procedure under Section 223 BNSS, notice came to be issued to the accused without the recording the sworn statement of complainant witnesses and a notice came to be issued to accused by learned Magistrate. 3. Same is challenged as it is not in accordance with the procedure prescribed under Section 223 BNSS. 4. Admittedly, the learned trial Magistrate erred in issuing the notice without recording the sworn statement of the complainant. 5. Hence, order issuing the notice needs to be set aside and matter is remitted to the learned trial Magistrate to proceed with the case strictly in accordance with the procedure contemplated under Section 223 BNSS. - 3 - HC-KAR NC: 2026:KHC-D:1631 CRL.P No. 104978 of 2025 6. Hence, following: ORDER i. Petition is allowed. ii. Impugned order of issue of notice is hereby set aside. iii. Matter is remitted to the learned trial Magistrate for adhering to the procedure contemplated under 223 BNSS and pass appropriate orders. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 3 SL NO.: 55