MAHESH S/O. BASAPPA JAVALI, vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17985
CRL.P No. 101360 of 2026
CNR: KAHC020099892026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 101360 OF 2026
BETWEEN:
1. MAHESH
S/O. BASAPPA JAVALI,
AGE. 42 YEARS,
OCC. BAILIFF,
R/O. DUNDASI,
TQ. SHIGGAON,
DIST. HAVERI-581193.
2. SOMASHEKAR
S/O. BASAPPA JAVALI,
AGE. 48 YEARS,
OCC. BANK EMPLOYEE,
R/O. DUNDASI,
TQ. SHIGGAON,
DIST. HAVERI-581193.
3.
SMT. AKKANAGAMMA ALIAS ANUPAMA
W/O. SOMASHEKAR JAVALI,
AGE. 49 YEARS,
OCC. HOUSEWIFE,
R/O. DUNDASI,
TQ. SHIGGAON,
DIST. HAVERI-581193.
4. SMT. CHANDRAKALA
W/O. GURUSHANTAPPA HARASHETTI,
AGE. 45 YEARS,
OCC. HOUSEWIFE,
R/O. MISHRIKOTE,
TQ. KALAGHATAGI,
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC-D:17985
CRL.P No. 101360 of 2026
CNR: KAHC020099892026
DIST. DHARWAD-581204.
5.
BASAVARAJ
S/O. SOMASHEKARA JAVALI
AGE. 25 YEARS,
OCC. STUDENT,
R/O. DUNDASI,
TQ. SHIGGAON,
DIST. HAVERI-581193.
6. BHAGYASHRI
D/O. GURUSHANTAPPA HARASHETTI
AGE. 45 YEARS,
OCC. HOUSEWIFE,
R/O. MISHRIKOTE,
TQ. KALAGHATAGI,
DIST. DHARWAD-581204.
…PETITIONERS
(BY SRI MANIKANTA HALLUR, ADVOCATE FOR
SRI CHETAN T LIMBIKAI.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
SPP OFFICE, HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD,
THROUGH TADAS P.S. HAVERI.
2. SMT. VINUTA,
W/O. MAHESH JAVALI,
AGE. 39 YEARS,
OCC. ADVOCATE,
R/O. HOSAYALLAPURA,
TQ. AND DIST. DHARWAD-580001
ALSO AT LAKMESHWAR,
NEAR SANNDYAMAVVA TEMPLE,
TQ.LAKMESHWAR, DIST. GADAG-582116.
…RESPONDENTS
(BY SRI PRAVEEN Y DEVAREDDI, HCGP FOR R1,
SRI SANTOSH B MANE,ADVOCATE FOR R2)
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC-D:17985
CRL.P No. 101360 of 2026
CNR: KAHC020099892026
THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS
(U/S 482 OF CR.P.C.) PRAYING TO QUASH THE ALL
PROCEEDINGS IN CC NO.390/2026 (CRIME NO.107/2025
TADAS P.S.) FOR THE OFFENCES PUNISHABLE U/S 189(2), 85,
352 R/W 190 OF BNS 2023 (147, 498(A), 504, 143 OF IPC)
AND SECTION 3, 4 OF DOWRY PROHIBITION ACT 1961,
PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT
SHIGGAON, HAVERI, AS AGAINST THE PRESENT
PETITIONERS/ACCUSED NO.1 TO 6.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel appearing for the petitioners
and the learned High Court Government Pleader for the first
respondent-State.
2. This petition is filed to quash the proceedings in
C.C. No.390/2026 for the offences punishable under Section
189(2), 85, 352, read with Section 190 of Bharatiya Nyaya
Sanhita, 2023 ('BNS') and Sections 3 and 4 of the Dowry
Prohibition Act, 1961. The matter is pending before the JMFC,
Shiggaon, Haveri.
3. Learned counsel for the petitioners would submit
that petitioner No.1 is the husband of the complainant,
petitioner No.2 is the husband's brother of the complainant and
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC-D:17985
CRL.P No. 101360 of 2026
CNR: KAHC020099892026
petitioner No.3 is the wife of petitioner No.2. Petitioner no.4 is
the married sister of husband of the complainant, petitioner
no.5 is the brother of the husband of the complainant and
petitioner no.6 is the daughter of petitioner/accused No.4.
4. It is the submission that the complainant was
married in the year 2013 and thereafter, in the year 2019, the
complainant has obtained divorce and later on 26.04.2024
complainant has married petitioner No.1.
5. The allegation is that Rs.51,000/- was demanded as
Rs.
a gift at the time of marriage and 2,00,000/- was demanded
as marriage expenses and the complainant was looked after
well for about 4 to 5 months after the marriage and thereafter,
the petitioners started ill-treating the complainant they used
abusive words against the complainant and insisted for dowry.
6. It is stated that the complainant has filed a petition
seeking restitution of conjugal rights and complainant is staying
in the rented house and it is alleged in the complaint that on
28.08.2025, the elders and the well wishers of the family called
the complainant's elders and asked the complainant to come to
Lakshmeshwara and complainant claims that she went to
Digitally Signed by ANANT
RAMNATH HEGDE
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CRL.P No. 101360 of 2026
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Lakshmeshwara. It is alleged that the husband petitioner No.1
insisted that, the complainant should withdraw the petition filed
for restitution of conjugal rights. The complainant has alleged
that the husband/petitioner No.1 has not looked after her well
and is going out of the house for 4 to 5 days without informing
and leaving the complainant alone.
7. It is also alleged in the complaint that the
husband/petitioner No.1 is insisting the complainant to pay
Rs.5 lakhs as dowry. It is also alleged that on 07.12.2025 the
complainant is thrown out of the house.
8. The learned counsel appearing for the petitioners
would submit that the allegations are vague and omnibus and
there are no specific overt acts against the petitioners as such,
the complaint is filed to abuse the process of the Court.
9. It is also alleged that the petitioner No.1 is
physically challenged and the complaint is filed to delay the
investigation of the complaint filed against the complainant.
10. Learned counsel for respondent no.2 would submit
that all the contentions raised are based on disputed questions
of facts. The allegations in the complaint do attract the
Digitally Signed by ANANT
RAMNATH HEGDE
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CRL.P No. 101360 of 2026
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ingredients of cognizable offences, as such, matter requires
trial.
11. Learned HCGP would also submit that the matter
requires trial as the materials collected during the investigation
warrant trial.
12. The Court has considered the contentions raised at
the Bar and perused the records.
13. As can be seen from the contents of the complaint,
the complainant has stated that she was married on
26.04.2024 and started residing along with the petitioners and
it is the allegation that complainant was not looked after well
and she was insulted. In the complaint there is reference to two
more incidents, one is dated 28.08.2025 and another is dated
07.12.2025. It is alleged that the husband has insisted the
complainant to withdraw the petition filed by the complainant
for restoration of conjugal right and has ill treated and insisted
the complainant to bring Rs.5 lakhs. It is also alleged in the
complaint dated 07.12.2025 she was made to go out of the
house at 01:30 a.m.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC-D:17985
CRL.P No. 101360 of 2026
CNR: KAHC020099892026
14. It is also noticed from the contents of the complaint
that at the time of recent incidents dated 28.08.2025 and
07.12.2025, only the complainant was residing with petitioner
No.1. That being the position, complaint against the remaining
petitioners is not sustainable and the allegations against the
petitioners No.2 to 6 are too vague and charge sheet materials
do not support the case of the prosecution against petitioners
no.2 to 6.
15. For the aforementioned reasons, the Court passes
the following:
ORDER
(i) Petition is allowed in part.
(ii) The proceedings in C.C. No.390/2026 is quashed as
against petitioners no.2 to 6.
(iii) There shall be a trial against petitioner no.1.
(iv) It is made clear that the observations made in this
order are only confined to the merits of the petition
filed by petitioners no.2 to 6 and not a reflection on
Digitally Signed by ANANT
RAMNATH HEGDE
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CRL.P No. 101360 of 2026
CNR: KAHC020099892026
the merits of the case against the petitioner
no.1/accused No.1.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
CHS
List No.: 19 Sl No.: 2.1