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2026 DAILYLAW 5853 (KAR)

VIRUPAKSHAYYA SWAMY S/O ESHWARAYYA v. THE STATE OF KARNATAKA

CRL.P/102618/2025 · 2026-02-16

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2336 CRL.P No. 102618 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102618 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. VIRUPAKSHAYYA SWAMY S/O ESHWARAYYA AGE: 65 YEARS, OCC. BUSINESSMAN R/O. CHAPPARADALLI, HOSPETE, VIJAYANAGARA DISTRICT - 583201. 2. ANASUYA W/O VIRUPAKSHAYYA SWAMY AGE: 58 YEARS, OCC. HOUSEWIFE R/O. CHAPPARADALLI, HOSPETE, VIJAYANAGARA DISTRICT - 583201. …PETITIONERS (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE FOR SRI. RAJA RAGHAVENRA NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HOSPETE EXTENSION P.S R/BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. SMT.KAMALAKSHI W/O PRABHAKARA M. AGE: 53 YEARS, OCC. HOUSEWIFE, R/O. 18TH WARD SUBHASH NAGARA, NEAR AIRTEL TOWER, SANDURU, DISTRICT BALLARI - 583119. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; NOTICE SERVED TO R2) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.18 15:57:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2336 CRL.P No. 102618 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE PROCEEDINGS IN CRIME NO.29/2023 BEFORE HOSPETE EXTENSION POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/S 498(A) R/W 34 OF IPC AND SECTION 3 AND 4 OF DP ACT, PENDING IN THE COURT OF IIIRD ADDL.DISTRICT AND SESSIONS JUDGE, HOSPETE, DISTRICT VIJAYANAGAR IN SC NO.5077/2023 WITH RESPECT TO ACCUSED NO.2 AND 3, 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) Heard Sri Mahantesh Hiremath, learned counsel for petitioner and Smt.Kirtilata R.Patil for the respondent. 2. Petition under Section 482 Cr.P.C. with the following prayer: “To quash the proceedings in Crime No.29/2023 before Hospete Extension Police Station registered for the offences punishable u/s 498(A) r/w 34 of IPC and Section 3 and 4 of DP Act, pending in the court of IIIRD Addl. District and Sessions Judge, Hospete, district Vijayanagar in SC No.5077/2023 with respect to accused No.2 and 3, in the interest of justice.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petitioner are as under: - 3 - HC-KAR NC: 2026:KHC-D:2336 CRL.P No. 102618 of 2025 3.1 Second respondent filed a complaint against her husband and present petitioners who are the parents-in-law of the second respondent contending that after the marriage of the second respondent with the first accused, on 27.12.2015, mother of the second respondent joined the matrimonial home at Chapparadahalli in Hosapete town in House No.471. 3.2 In the marriage, they have two children namely Kanishka and Sukruthi. However, there was a repeated demand for the additional dowry in a sum of ₹5,00,000/-. Later on, on 14.05.2023, daughter of the second respondent was deputed to training from her school and when the same was intimidated to her husband, he picked up quarrel in the early hours of 14.05.2023 between 1:00 a.m. to 1:30 a.m. and smothered her and strangulated her and made her to die on the pretext that daughter of the second respondent had illicit relationship with somebody. 3.3 Based on the complaint, police thoroughly investigated the matter and filed charge sheet. - 4 - HC-KAR NC: 2026:KHC-D:2336 CRL.P No. 102618 of 2025 3.4 Present petitioners being the parents-in-law of the daughter of the second respondent have approached the Court seeking quashing of the pending proceedings as against them. 4. Sri Mahantesh Hiremath, learned counsel for the petitioner reiterating the grounds urged in the petition, contended that though incident has occurred in the matrimonial home, these petitioners did not have any direct or indirect nexus with the incident and sought for quashing the proceedings. 5. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader opposes the petition grounds and prayer. 6. She would further contend that the incident has occurred in the same house where the petitioners were also residing along with main accused and they did not choose to lodge the complaint with the police though their daughter-in-law was murdered in the bedroom by their own son and sought for dismissal of the petition. 7. Having heard the arguments of both sides, this Court perused the material on record meticulously. - 5 - HC-KAR NC: 2026:KHC-D:2336 CRL.P No. 102618 of 2025 8. On such perusal of material on record, it is pertinent to note that the marriage has taken place in the year 2015 and two children were born. Despite the same, son of the petitioners was doubting the chastity of the deceased. 9. On 14.05.2023, the daughter of the second respondent being the wife of the first accused and daughter-in- law of the present petitioners was deputed to training programme from her school. 10. When she sought permission of the first accused to attend the training programme, a quarrel was picked up early hours of 14.05.2023 between 1:00 a.m. to 1:30 a.m. and first accused has smothered her and strangulated her and done to death in the bedroom. 11. Incident was not reported to the police by the present petitioners who are also sharing the common roof. 12. Further, when the quarrel has taken place, they did not pacify the quarrel. Material collected by the investigation agency would prima facie indicate that petitioners were also - 6 - HC-KAR NC: 2026:KHC-D:2336 CRL.P No. 102618 of 2025 demanding the additional dowry from the parental house of their own daughter-in-law. 13. All these factors have included cumulatively, this Court does not find any good grounds to quash the pending proceedings as the matter requires a full-fledged trial. 14. Accordingly, following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK CT-CM LIST NO.: 1 SL NO.: 48