MOHAMMED ABUBAKAR S/O ABDUL NAIK vs STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-D:18362
CRL.P No. 104621 of 2025


CNR: KAHC020232972025



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 29 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO. 104621 OF 2025

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


BETWEEN:

1. MOHAMMED ABUBAKAR
S/O ABDUL NAIK,
AGE: 25 YEARS, OCC: BUSINESS,
R/O: H. NO. 105, KIADB LAYOUT,
HALIYAL ROAD, DHARWAD- 580007.

2. TAIPUR AHAMMAD
S/O SHAMI MAHAMMAD UDAKERI,
AGE: 35 YEARS, OCC: BUSINESS,
ST
R/O: 1 CROSS, SIDHARTH COLONY,
INFRONT OF NEW BUS STAND,
DODDANAYAKANKOPPA,
DHARWAD- 580007.

3. MANJUNATH MARUTI UPPAR,
AGE: 44 YEARS, OCC: PVT JOB,
R/O: VIDYAGIRI,
NEAR SHRI HANDI
BADAGANATH TEMPLE,
KITTUR, BELAGAVI- 591115.

4. SHANOOR BABAJAN MUJAWAR,
AGE: 40 YEARS, OCC: PVT JOB,
R/O: NEAR OLD GOVT HOSPITAL,
KADABI CHAWL, BAILHONGAL,
BELAGAVI- 591102.
…PETITIONERS
(BY SRI. R.M. JAVED, ADVOCATE)











Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka

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AND:

1. STATE OF KARNATAKA,
THROUGH GARAG P.S, DHARWAD,
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD- 580001.

2. PARIKSHIT CHANDULAL LALBEG,
AGE: 50 YEARS, OCC: GOVT SERVICE,
DEPUTY TEHSILDAR, GARAG VILLAGE,
DHARWAD- 581105.

3. ARUN KUMAR S/O AJORISINGH YADAV,
AGE: 51 YEARS, OCC: PVT WORK,
R/O: VENKATAPUR, DHARWAD-580011.

4. KIRANKUMAR S/O ARUNKUMAR YADAV,
AGE: 27 YEARS, OCC: PVT WORK,
R/O: VENKATAPUR, DHARWAD-580011.
…RESPONDENTS
(BY SRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP FOR R1,
NOTICE TO R2 TO R4 ARE DISPENSED WITH)
----
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO CALL FOR
RECORDS AND QUASH THE ENTIRE PROCEEDINGS
INSTITUTED AGAINST THE PETITIONERS (ACCUSED NO.1 TO
4) REGISTERED WITH GARAG P.S CRIME NO.233/2024 NOW IN
CC NO.1658/2025 FOR THE ALLEGED OFFENCES PUNISHABLE
U/S.115(2), 127(4), 3(5) OF BNS AND U/SEC.16, 17, 18 OF
BONDED LABOUR SYSTEM (ABOLITION) ACT 1976 NOW
PENDING BEFORE I ADDL. CIVIL JUDGE AND JMFC, DHARWAD,
IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:




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CRL.P No. 104621 of 2025


CNR: KAHC020232972025


ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)


1. The petitioners/accused Nos.1 to 4 are before this
Court seeking to quash entire proceedings in
C.C.No.1658/2025, arising out of Crime No.233/2024 of
respondent – police, pending on the file of learned I Additional
Civil Judge and JMFC, Dharwad, for the alleged offences
punishable under Sections 115(2), 127(4), 3(5) of Bharatiya
Nyaya Sanhita (BNS) and under Sections 16, 17, 18 of the
Bonded Labour System (Abolition) Act, 1976.

Brief facts of the case:


2. The case of the prosecution is that the c omplainant,
who was working as the Deputy Tahsildar, Garag, had filed a
complaint on 29/11/2024 before the respondent police stating
that accused Nos.1 and 2 are the owners of the old Mulla
Dhaba. CW7 – Arun Kumar Yadav had borrowed loan of
Rs.1,00,000/- for the purpose of performing the marriage of his
daughter Deepa on 1/5/2021. Therefore, he deputed his
children CWs.6 and 7 to work in the said Dhaba. It is further
stated in the complaint that both accused Nos.1 and 2 had

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confined CWs.6 and 7 in the said Dhaba and had tied the legs
of C.W.7 to a cot with an iron chain and confined them in the
said Dhaba for the past 20 days. Hence the complaint. Based
on the said complaint, the respondent police have registered a
case, conducted investigation and submitted the charge sheet.


3. Heard Sri R M Javed, learned counsel for the
petitioner and Sri Praveen Y Devareddiyavar, learned High
Court Government Pleader for respondent No.1-State.


4. The submission of learned counsel for the
petitioners is that the petitioners are innocent of the alleged
offences and the entire case is based on the clip being
circulated in the mobile application. Moreover, respondent No.2
had physically verified at the spot and had not seen any such
untoward incident as alleged in the clip. Furthermore, the
statement of C.W.7 under Section 164 Code of Criminal
Procedure indicates that he was doing work of preparing
tandoori roti in the Dhaba and he says that the owner of the
Dhaba is a good person. Similarly, the victim - Kirankumar,
aged about 26 years, himself gave a statement under Section

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164 of the Code of Criminal Procedure stating that he was
neither assaulted nor confined in the said Dhaba. Such being
the fact, continuing the case and asking the petitioners to face
trial would serve no purpose. Therefore, the entire proceedings
may be quashed in the interest of justice. Making such
submissions, the learned counsel for the petitioners prays to
allow the petition.


Per contra,
5. the learned High Court Government
Pleader for respondent No.1-State vehemently justified in filing
the charge sheet and submitted that the charge sheet has
already been filed. Prima facie , there are materials to indicate
that CWs.6 and 7 were confined as bonded labourers in the
Dhaba of accused Nos.1 and 2. The investigation would indicate
that CW7 was tied to the cot with an iron chain to his leg. The
entire incident was circulated in the form of video, which
indicates the gravity of the offences. There might be pressure
on the witnesses to depose under Section 164 of the Code of
Criminal Procedure in favour of the accused. Nevertheless, it
does not mean no such offence had been committed.
Therefore, it is not appropriate to quash the entire proceedings.

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If such proceedings are quashed, certainly, it would give a
wrong message to society at large. Hence, it is appropriate to
dismiss the petition. Making such submissions, learned High
Court Government Pleader for respondent No.1 - State prays to
reject the petition.


6. Having heard learned counsel for the respective
parties and also on perusal of the averments of the charge
sheet, the charge sheet contains the statements of the
witnesses and the complainant. The statements recorded
under Section 164 of Cr.P.C., would clearly indicate that both
accused Nos.1 and 2 are good persons and no such incident
had occurred in the said Dabha. Under such circumstances,
asking the petitioners to face the trial would not serve any
purpose. Therefore, in order to secure the ends of justice, it is
appropriate to quash the proceedings by exercising inherent
jurisdiction.


7. In the light of the observations made above, I
proceed to pass the following:

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CRL.P No. 104621 of 2025


CNR: KAHC020232972025


ORDER
allowed.

i) The petition is

ii) Entire proceeding in Crime No.233/2024 of
respondent – police, now in C.C No.1658/2025 for
the offences punishable under Sections 115(2),
127(4), 3(5) of Bharatiya Nyaya Sanhita (BNS),
2023 and under Sections 16, 17, 18 of the Bonded
Labour System (Abolition) Act, 1976, pending
before the I Additional Civil Judge and JMFC,
Dharwad, is hereby quashed.

iii) In view of disposal of the petition, pending I.A.,
does not survive for consideration and the same is
also disposed of.


Sd/-
(S.RACHAIAH)
JUDGE



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