- 1 - HC-KAR NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104046 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: JAFER SADIK HUSSAIN MUKTHESAR AGE 55 YEARS, OCC. PVT. WORK R/O. HERANGADI HONNAVAR UTTARA KANNADA KARNATAKA HONNAVAR-581334 …PETITIONER (BY SRI. PRASHANT V. MOGALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HONNAVAR POLICE STATION THROUGH ITS S.P.P. HIGH COURT KARNATAKA, DHARWAD BENCH DHARWAD-580011. 2. BIJU DAMODARAN UDAYANTHAZHETHIL AGE 49 YEARS, OCC PVT. WORK POST VAYALAPARAKKOD, POST VAYALAPARAKKOD, PATHANAMTHI PATHANAMATHITTA KERALA-591554. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. R.H. ANGADI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN THE CRIME.NO.174/2025 OF HONNAVAR POLICE STATION DATED 24/08/2025 FILED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 318(2), 318(4) OF BNS 2023, AGAINST THE PETITIONER/ACCUSED NO.1, PENDING BEFORE PRINCIPAL CIVIL-JUDGE AND J.M.F.C HONNAVAR BY ALLOWING THE PRESENT PETITION, IN THE INTEREST OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:41 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.P.G.Mogali, learned counsel appearing for petitioner, Smt.Kirtilata R. Patil, learned High Court Government Pleader appearing for respondent No.1. 2. None appears for the respondent No.2. 3. The present petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer: ”Wherefore, it is respectfully prays that this Hon’ble Court may be pleased to quash the entire proceedings in the Crime.No.174/2025 of Honnavar Police Station dated 24/08/2025 filed for the offence punishable under sections 318(2), 318(4) of BNS 2023, against the petitioner/accused No.1, pending before Principal Civil-Judge and J.M.F.C Honnavar by allowing the present petition, in the interest of justice” - 3 - HC-KAR NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 4. Facts in the nutshell, which are utmost necessary for disposal of the present petition are as under: 5. The second respondent filed a complaint with Honnavara Police Station alleging that accused Naushad is his friend and accused No.1-Jafar is an acquaintance with the Naushad. It was represented that in the State of Kuwait, Ministry of Defence, A1-Ahmad Forces Hospital, 48 vacancies are available in the said hospital and he would be in a position to secure employment for the complainant in the said hospital. 6. The third accused, namely Sujatha, telephoned the complainant and informed that all the documents collected by accused Nos.1 and 2 had been forwarded to the Minister at Kuwait and approved. However, for processing the offer letter, an amount ₹1,000 Kuwaiti Dinar, equivalent to ₹2,82,000/- was required to be paid. It was also represented that 3 to 5 months would be required for processing the visa. 7. Accordingly, the complainant and his friends collected the money and transferred ₹10,67,000/- to the bank account of the first accused and ₹17,77,000/- to the bank account of the second accused and ₹23,57,185/- to the bank account of third accused amounting in total to ₹52,01,185/- was transferred. - 4 - HC-KAR NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 8. However, there was no job letter received by them and therefore, they came to know that they had been deceived by the accused persons and sought for action against the petitioners and others. 9. The Honnavar Police, after registering the case, are investigating the matter. 10. In the meantime, the petitioner has filed the present petition seeking the aforesaid relief, contending that he has no role whatsoever in the alleged fraud. The petitioners submits that he only came to know about the vacancies available in the hospital in Kuwait and merely informed the complainant about the same. Beyond this, he had no involvement in the matter and therefore, sought for quashing the pending FIR. 11. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would contend that in the complaint itself, there is a specific allegation that a sum of ₹10,67,000/- was transferred to the account of the present petitioner. Therefore, from the complaint averments there is a direct nexus of fraud between the petitioner and the alleged offence and sought for dismissal of the petition. - 5 - HC-KAR NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 12. Having heard the arguments of both sides, this Court perused the material on record meticulously. 13. On such perusal of the material on record, it is evident that all the three petitioners appear to have colluded together in the alleged fraud. The police, after registering the case are investigating the matter. Admittedly, the transfer of the money has taken place through bank transactions and a sum of ₹10,67,000/- was transferred to the account of the present petitioner as could be seen from the complaint averment itself. 14. What happened to said money and what is the exact role that is played by the present petitioner, who is accused No.1 in the incident, are all matters of investigation, which has to be investigated by the investigation agency properly and unearth the truth and role played by the present petitioner in the alleged fraud and to submit an appropriate report. 15. Thus, it is too premature for this Court to form an opinion that the present petitioner had no nexus whatsoever with the alleged fraud. - 6 - HC-KAR NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 16. Accordingly, the following order, ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 56