- 1 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104261 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: SMT. YASHODA YUVRAJ KAMBALE AGE.38 YEARS, OCC. HOUSE WIFE R/O. AINAPUR, TQ. ATHANI, DIST. BELAGAVI-591303. …PETITIONER (BY SRI. S.B. DEYANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SAVALAGI POLICE STATION R/BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BENCH, DHARWAD. 2. SMT. BHUVANESHWARI MAHESH AJJANNAVAR AGE.19 YEARS, OCC. HOUSEHOLD R/O. BIDARI, JAMKHANDI, DIST. BAGALKOT. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING THAT THE PROCEEDINGS INITIATD IN SAVALAGI POLICE P.S.CR NO, 65/2022, AND CC NO.47/2022 AGAINST PET/ACC NO.3 FOR THE OFFENCES PUNISHABLE U/SECS. 406, 420, R/W 34 OF IPC PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND JMFC COURT JAMKHANDI MAY BE QUASHED IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:57:22 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. S. B. Deyannavar, learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. Neelendra D. Gunde, learned counsel for respondent No.2. 2. Petition is filed under Section 482 of Code of Criminal Procedure, 1973, with the following prayer: “Under these circumstances among other grounds which will be urged at the time of hearing it is most humbly prayed that the proceedings initiated in Savalagi Police Crime No.65/2022, and CC No.47/2022 agianst petitioner/accused No.3 for the offences punishable under Sections 406, 420 R/w. 34 of IPC pending on the file of Prl. Civil Judge (Sr.Dn.) & JMFC Court, Jamakhandi may kindly be quashed in the interest of justice. ” 3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under: - 3 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 4. Respondent No.2 filed a complaint with Savalagi Police Station on 13.07.2022 and the same has been registered in Crime No.65/2022 for the offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code, 18601. 5. Gist of the complaint averments would reveal that the complainant had a love affair with Ganesh Kerimani, resident of Jamkhandi. She wanted to elope along with him and therefore, she had approached accused No.1 namely Pramod Dayanand who was an Advocate. 6. Accused No.1 said to have lent his red color car and used the services of his acquaintance who is accused No.2. Accused No.2 brought Ganesh Kerimani in the said car and both of them came near the house of the complainant on 09.01.2022 at about 12.30 a.m. (midnight). Thereafter, they picked up the complainant in the said car and took them to the office of accused No.1 who was an Advocate. 1 For short, ‘IPC’ - 4 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 7. At that juncture, accused No.1 said to have misguided them and they were taken to Gokak, Mudalgi and Belagavi. There was a missing complaint lodged in Crime No.6/2022. 8. During the said period, police investigated the matter and victim was identified and she was stationed in Shardha Mata Swadhara Kendra. Accused No.3 said to have visited said Kendra in the guise of testing for COVID-19 virus and took her to Civil Hospital, Belagavi. 9. Taking advantage of the said situation, accused No.1 came from the hind side and intimated the complainant that her family members are planning to take away her life and cajoled her to proceed with him and then she was taken in an auto rickshaw to a place wherein accused No.2 was waiting with a car near Belagavi Railway Station. 10. Thereafter, all the three accused persons abducted her in the car and then proceeded to Jayasingapura Village at Maharashtra and confined her in - 5 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 the friend's house. Thereafter, she was called to Belagavi to file an affidavit in the missing case. 11. On 30.01.2022 all the accused persons took away all the gold ornaments worth Rs.6,52,500/- which were worn by her. They also told that the gold ornaments would be handed over to her family members. 12. After registering the case police thoroughly investigated the matter and filed the charge sheet. 13. Learned Trial Magistrate has taken cognizance of the incident and has issued summons. 14. Being aggrieved by the same, accused No.3 is before this Court with the aforesaid prayer. 15. Learned counsel for the petitioner reiterating the grounds urged in the petition would contend that as could be seen from the entire averments, the role assigned to the present petitioner is only accompanying the other accused persons when the alleged abduction of the victim has taken place and therefore, she cannot be held responsible for the offences punishable under Sections 406 and 420 of IPC and - 6 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 to stand for the trial for the aforesaid offences which results in abuse of process of law and sought for allowing the petition. 16. Per contra, learned High Court Government Pleader for respondent No.1-State and the learned counsel for the respondent No.2 would support the order taking cognizance and accused is required to stand for the trial inasmuch as it is she who was the responsible for bringing the victim to Shardha Mata Swadhara Kendra and thereafter, she also accompanied the victim to Jayasingapura Village at Maharashtra, whereby there is an active participation of accused No.3 also in the whole incident including taking away the gold ornaments when she was brought back to Belagavi for the purpose of filing an affidavit. Therefore, they sought for dismissal of the petition. 17. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 7 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 18. On such perusal of the material on record, it is crystal clear that the helplessness of the complainant has been chased by accused No.1 who is an Advocate so as to advance the love affair between the complainant and Ganesh Kerimani. 19. When the complainant sought for the help, accused No.1 sent his red color car through accused No.2 to get the presence of Ganesh Kerimani. When accused No.2 brought Ganesh Kerimani, both of them visited the house of the complainant on 09.01.2022 in the early hours at 12.30 a.m. (midnight). Complainant was abducted in the said car and later on she was misleading. 20. Missing complaint came to be lodged and in that enquiry, police rescued her and then she was staying in Shardha Mata Swadhara Kendra. 21. At that juncture, the role of the present petitioner would commence inasmuch as she represented that the COVID-19 test is to be conducted to her and made her to visit along with the Shardha Mata Swadhara Kendra - 8 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 Co-ordinator namely Veena and brought her to Civil Hospital Belagavi. 22. When the complainant was standing near the Civil Hospital, Belagavi along with Veena and the present petitioner, accused No.1 informed the complainant that her family members are planning to take away her life and cajoled her to go in an auto rickshaw wherein the accused No.2 was waiting in a car. 23. Later on, the complainant was abducted in the said car and taken to Jayasingapura Village of Maharashtra. At that juncture, all the accused persons were present in the car including the present petitioner. 24. These aspects of the matter are borne out by the material on record and have been properly and substantially investigated. 25. Subsequently, she was not brought near the Court with a purpose for filing an affidavit and at that juncture, gold ornaments worn by the complainant is - 9 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 deceitfully taken away by the accused persons which were worth Rs.6,52,500/- and weighing about 14.5 tolas. 26. Police after thorough investigation has collected necessary materials in the form of charge sheet to proceed against all the three persons and there are materials to establish that there was a pre-concert between all the accused persons and very fact that the present petitioner went to the Shardha Mata Swadhara Kendra and deceitfully brought her out of the said Kendra, which shows that she had also a role in the incident. 27. Taking note of these aspects of the matter, this Court does not find any good reasons to quash the pending charge sheet. 28. Whether at all the present petitioner is also guilty for the offences alleged against her or not cannot be decided by this Court at this stage by holding the mini trial. 29. Matter requires consideration before the Trial Court and her innocence, if any, can only be decided after the full-fledged trial. - 10 - HC-KAR NC: 2026:KHC-D:2271 CRL.P No. 104261 of 2022 30. Accordingly, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 14