- 1 - HC-KAR NC: 2026:KHC-D:2548 CRL.P No. 103611 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103611 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. BHEEMAPPA S/O BASAVARAJ DALAWAYI AGE. 26 YEARS, OCC. CENTRAL GOVT. EMPLOYEE R/O. HIREKUMBI, TQ. SAUNDATTI DIST. BELAGAVI-591110. 2. BASAVARAJ S/O BHEEMAPPA DALAWAYI AGE. 58 YEARS, OCC. SERVICE, R/O. HIREKUMBI, TQ. SAUNDATTI, DIST. BELAGAVI-5911110. 3. SUVARNA W/O BASAVARAJ DALAWAYI AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. HIREKUMBI, TQ. SAUNDATTI, DIST. BELAGAVI-5911110. …PETITIONERS (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SAUNDATTI POLICE STATION R/BY SPP HIGH COURT OF KARNATAKA DHARWAD BENCH, AT. DHARWAD-580011. 2. KUMARI ANITA FAKIRAPPA JATTENNAVAR AGE. 22 YEARS, OCC. COOLIE R/O.HIREKUMBI, TQ. SAUNDATTI DIST. BELAGAVI-5911110. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.21 11:44:51 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2548 CRL.P No. 103611 of 2025 THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS 2023, PRAYING TO QUASH CHARGE SHEET IN SAUNDATTI P.S. CRIME NO.89/2025 FOR THE OFFENCES PUNISHABLE U/S 69, 352, 351(2) AND 3(5) OF BNS 2023, WHICH IS REGISTERED AS CC NO.999/2025 WHICH IS PENDING ON THE FILE OF PRL.CIVIL JUDGE AND JMFC SAUNDATTI, IN SO FAR AS PETITIONERS HEREIN/ACCUSED NOS.1 TO 3 IS CONCERNED, 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) 1. Learned counsel for the petitioners has filed a memo, which reads as under: MEMO “Herein the Advocate for the petitioner begs to submit as under: That the petitioner No.1 do not intend to prosecute this petition any further. He is prepared to face the trail. Hence, it is prayed that, petition against petition No.1 is dismissed not pressed. Hence, this memo” 2. Placing the memo on record, the petition insofar as petitioner No.1 is hereby dismissed. 3. The petition is heard on merits insofar as petitioner Nos.2 and 3. - 3 - HC-KAR NC: 2026:KHC-D:2548 CRL.P No. 103611 of 2025 4. Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under: 4.1 The second respondent filed a complaint with the Saundatti Police contending that the first petitioner, who is serving in Military services, developed intimacy with respondent No.2. She further contended that whenever the first petitioner visited the village, he promised to marry her and engaged in a physical relationship with the respondent No.2. Believing that first petitioner would marry her, the respondent No2 consented for the physical relationship. 4.2 However, over a period of time, the petitioner No.1 is not showing any interest in marrying the respondent No.2, whereby she sought for action. It is also her case that when the said aspect of the matter was brought to the notice of the petitioner Nos.2 and 3, they have given life threat to the respondent No.2. 5. Based on the complaint, the police thoroughly investigated the matter and filed charge sheet against all the petitioners. 6. This Court secured the presence of the petitioner No.1 and respondent No.2 to ascertain there can be any - 4 - HC-KAR NC: 2026:KHC-D:2548 CRL.P No. 103611 of 2025 amicable settlement, as expressed by the parties. However, there was no possibility of amicable settlement and therefore matter is taken up for merits. 7. Sri.Srikant T. Patil, learned counsel appearing for petitioners, would contend that, at most, the criminal case should continue only against the petitioner No.1. Insofar as petitioner Nos. 2 and 3 are concerned, the allegations made are omnibus and bald, and therefore they need not be subjected to the ordeal of a criminal trial that too when the petitioner Nos.2 and 3 have not indulged in any of the activities alleged by respondent No.2 and they are in an advanced stage of life. 8. Per contra, Smt.Kirtilata R. Patil, learned High Court Government Pleader, would contend that the Investigation Agency has collected the necessary material, including the statements of the charge sheet witnesses, whereby the allegations leveled against this petitioner Nos.2 and 3 are prima facie established and sought for continuation of the proceedings and dismissal of the petition in toto. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 5 - HC-KAR NC: 2026:KHC-D:2548 CRL.P No. 103611 of 2025 10. On such perusal of the material on record, it is noticed that the main allegations are directed only against the petitioner No.1. 11. On the first look, it appears to be that physical relationship in a consensual act between the petitioner No.1 and respondent No.2. 12. Whether an element of breach of promise to marry has taken place or not is a matter to be decided by the learned Trial Judge during the trial. 13. Therefore, the filing of the memo and the prayer for dismissal of the petition is allowed by this Court insofar as petitioner No.1 is concerned. 14. Upon consideration of the remaining materials on record, this Court finds merit in the argument advanced by Sri.Srikant T. Patil, learned counsel for the petitioner Nos.2 and 3, that the allegations against them vague and omnibus. 15. Therefore, continuation of the criminal proceedings as against persons Nos.2 and 3 is totally uncalled for in the attendant facts and circumstances of the case. - 6 - HC-KAR NC: 2026:KHC-D:2548 CRL.P No. 103611 of 2025 16. Accordingly, a case is made out to quash the pending proceedings insofar as persons Nos.2 and 3 are concerned. 17. Hence, the following order is passed: ORDER (i) Placing the memo on record, the petition against petitioner No.1 is dismissed. (ii) The petition is allowed insofar as petitioner Nos.2 and 3 are concerned. (iii) Consequently, the pending proceedings in C.C.No.999/2025 on the file of Principal Civil Judge, Saundatti and the charge sheet filed by Saundatti Police Station in Crime No.89/2025, insofar as petitioner Nos.2 and 3 are concerned, are hereby quashed. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 78