RAIMANASAB ALIAS RAHEMANASAB vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 101825 OF 2026

(482(Cr.PC)/528(BNSS)

C/W

CRIMINAL PETITION NO. 102946 OF 2025


IN CRL.P No. 101825/2026
BETWEEN:

1. AJAMEER S/O. AKBARASAB MULLA
AGE: 29 YEARS, OCC: DRIVER,
R/O. HALE GONDABAL VILLAGE,
TALUK: KOPPAL- 583238.

2. MARDANSAB
S/O. DASTAGIRASAB KANAKAGIRI
AGE: 38 YEARS, OCC: BUSINESSMAN,
R/O. HALE GONDABAL VILLAGE,
TALUK: KOPPAL- 583238.

3. SEMI ALI @ SYAMIDA ALI
S/O MIYASAB MULLA
AGE: 40 YEARS,
OCC: HOTEL EMPLOYEE,
R/O. HALE GONDABAL VILLAGE,
TALUK: KOPPAL- 583238.

4. NAGARAJ S/O. FIROJIRAO PAWAR
AGE: 42 YEARS, OCC: LABOURER,
R/O. HALE GONDABAL VILLAGE,
NOW RESIDING AT
BUDUGUMPA VILLAGE CROSS,
TALUK: KOPPAL- 583238.
… PETITIONERS
(BY SRI. NAGANGOUDA M. PATIL, ADVOCATE)











Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026


AND:

1. THE STATE OF KARNATAKA
KOPPAL RURAL POLICE STATION, KOPPAL,
REP BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
DHARWAD- 580011.

2. MALLAMMA @ MAMATA
W/O. CHIDANAND JAGALUR
AGE: 32 YEARS, OCC: HOUSEWORK,
HALEGONDABAL VILLAGE,
TQ. AND DIST: KOPPAL- 583238,
(EARLIER R/O. BACHIGONDANAHALLI
TQ: H.B. HALLI, DIST: VIJAYANAGAR)
… RESPONDENTS

(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR
RESPONDENT/STATE,
SMT. CHETANA S. BIRAJ, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C./528 OF 528 OF BNSS, PRAYING TO QUASH THE ENTIRE
PROCEEDINGS INITIATED IN S.C. NO. 70/2022 (CRIME NO.
211/2019 BEFORE KOPPAL RURAL PS) PENDING ON THE FILE OF THE
PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL, FOR THE OFFENSES
PUNISHABLE UNDER SECTIONS 341, 354(A), 363, 366, 376, AND
506 R/W 149 OF THE IPC INSOFAR AS IT RELATES TO THEM BY
ALLOWING THE CRIMINAL PETITION.

IN CRL.P NO. 102946/2025

BETWEEN:

1. RAIMANASAB @ RAHEMANASAB
S/O MABU HUSAINSAB RAICHUR
AGE: 23 YEARS, OCC: LABOURER,
R/O. HALE GONDABAL VILLAGE,
TQ: KOPPAL, DIST: KOPPAL-583238.

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026


2. SADDAM ALI @ HUSAINSABASHA
S/O. MABU HUSAINSAB RAICHUR
AGE: 40 YEARS, OCC: LABOURER,
R/O. HALE GONDABAL VILLAGE,
TQ: KOPPAL, DIST: KOPPAL-583238.
... PETITIONERS
(BY SRI. NAGANGOUDA M. PATIL, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
KOPPAL RURAL POLICE STATION KOPPAL,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.

2. MALLAMMA @ MAMATA W/O. CHIDANAND JAGALUR,
AGE: 32 YEARS, OCC: HOUSEWORK,
HALEGONDABAL VILLAGE,
TQ & DIST: KOPPAL-583238.
(EARLIER R/O. BACHIGONDANAHALLI
TQ: H.B.HALLI, DIST: VIJAYANAGAR)
... RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR
RESPONDENT/STATE,
SMT. CHETANA S. BIRAJ, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C./
528 OF BNSS, PRAYING TO QUASH THE ENTIRE PROCEEDINGS
INITIATED IN S.C. NO. 70/2022 (CRIME NO. 211/2019 BEFORE
KOPPAL RURAL PS) PENDING ON THE FILE OF THE PRL. DISTRICT
AND SESSIONS JUDGE, KOPPAL, FOR THE OFFENSES PUNISHABLE
UNDER SECTIONS 341, 354(A), 363, 366 376, AND 506 R/W 149 OF
THE IPC INSOFAR AS IT RELATES TO PETITIONERS/ACCUSED NO. 5
AND 6 BY ALLOWING THE CRIMINAL PETITION.

THESE PETITIONS, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026


ORAL ORDER

Heard Sri Nagangouda M.Patil, learned counsel for the
petitioners, Sri Praveena Y.Devareddiyavara, learned HCGP for
respondent No.1/State and Smt.Chetana S.Biraj, learned
counsel for respondent No.2.

2. Criminal Petition No.101825/2026 is filed by the
petitioners/accused No.1 to 4 and Criminal Petition
No.102946/2025 is filed by the petitioners/accused No.5 and 6
under Section 528 of BNSS, 2023 (Section 482 of CrPC)
seeking to quash the entire proceedings in Sessions Case
No.70/2022 arising out of Crime No.211/2019 of Koppal Rural
Police Station, pending on the file of learned Principal District
and Sessions Judge, Koppal, registered for the offences
punishable under Sections 341, 354(A), 363, 366, 376 and 506
read with 149 of the IPC.


3. The brief facts of the prosecution case in nutshell
are as under:
The defacto complainant/victim and accused No.1 were
friends, they fell in love and accused No.1 used to have sexual

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026


intercourse against her will on several occasions and he
kidnapped the victim from her village, the accused took her to
various places including Goa, Panaji, where also he did same
act. In this regard, the father of victim lodged the missing
complaint. Thereafter, accused No.2 to 6 and the police brought
the victim from Panaji. At that juncture, accused No.2 to 6
made criminal intimidations to the victim with a dire
consequence that, if she revealed the act of accused No.1
before anybody, they would eliminate her family members.
Hence, she also lodged complaint. Taking exceptions to the
same, the petitioners have filed these petitions.

4. Learned counsel for the petitioners vehemently
contended that these petitioners are falsely implicated in the
case and they have not committed any offence. There was a
love affair between accused No.1 and the victim. Further, the
victim has not made any allegation against accused No.2 to 6
regarding their individual overt-act. Further, the name of
accused No.2 to 6 does not found place in the first information
report. However, the victim has stated against accused No.2 to
6 while recording her statement under Section 164 of CrPC.

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026


Insofar as accused No.2 to 6 are concerned, none of the
provisions enumerated in the charge sheet would apply to
them. Hence, learned counsel for the petitioners prayed to
allow the petitions.

Per contra
5. , learned HCGP for respondent No.1/State
and learned counsel for respondent No.2 vehemently contended
that there is a prima facie allegation against the petitioners and
the victim and other material witnesses have stated against
accused No.1 to 6. Now the petitioners are disputing the
question of fact, which cannot be gone into under Section 482
of CrPC. Hence, they prayed to dismiss the petitions.


6. The perusal of the entire charge sheet, it appears
that accused No.1 and the victim were friends, they fell in love
and on that premise only accused No.1 committed rape on her
against her will and he took her to Panaji, Goa where he did the
same act. In this regard, the father of victim lodged the
missing complaint. Pursuant to lodging of missing complaint,
the jurisdictional police and accused No.2 to 6 brought the
victim to the village. As per the statement of victim recorded

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HC-KAR
NC: 2026:KHC-D:18050
CRL.P No. 101825 of 2026
C/W CRL.P No. 102946 of 2025


CNR: KAHC020132962026


under Section 164 of CrPC, she has made clear allegations that
accused No.1 committed rape on her against her will.


7. The charge sheet material as well as the statement
of victim recorded under Section 164 of CrPC, she alleged that
while she was coming from Panaji to her village, accused No.2
to 6 made criminal intimidations with dire consequences that if
she reveals the role of accused No.1 before anybody, then they
would eliminate her family members. Hence, it shows that
there is a prima facie material against accused No.1 to 6. Now
the accused persons are disputing question of fact which cannot
be gone into under 482 of CrPC. Hence, there is no merit in the
contention of the petitioners. Accordingly, the Court proceeds
to pass the following:
ORDER
Both the petitions are dismissed .
Pending IAs., if any, stand disposed of.


Sd/-
(VENKATESH NAIK T)
JUDGE

CLK/CT:GSM
List No.: 1 Sl No.: 31