SRI. NUTHAN. B. S. vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58418
CRL.P No. 11755 of 2026
CNR: KAHC010536412026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 11755 OF 2026
BETWEEN:
1. SRI NUTHAN B. S,
S/O SHIVAKUMAR B.H,
AGED ABOUT 29 YEARS,
R/AT. SHRI KALABHAIRAVESHWARA NILAYA,
BANASHANKARI BADAVANE,
BEHIND RAJANNA SHAMILI,
CHIKKANAYAKANAHALLI TOWN,
TUMAKURU DISTRICT-572214.
2. SMT. RUKMINAMMA,
W/O SHIVAKUMAR B.H,
AGED ABOUT 67 YEARS,
R/AT. SHRI KALABHAIRAVESHWARA NILAYA,
BANASHANKARI BADAVANE,
BEHIND RAJANNA SHAMILI,
CHIKKANAYAKANAHALLI TOWN,
TUMAKURU DISTRICT-572214.
(AS PER AADHAR CARD)
3. SRI SHIVAKUMAR B H,
S/O HANUMANTHAIAH M H,
AGED ABOUT 61 YEARS,
R/AT. SHRI KALABHAIRAVESHWARA NILAYA,
BANASHANKARI BADAVANE,
BEHIND RAJANNA SHAMILI,
CHIKKANAYAKANAHALLI TOWN,
Digitally
signed by
CHAYA S A
Location:
HIGH
COURT OF
KARNATAKA
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CRL.P No. 11755 of 2026
CNR: KAHC010536412026
TUMAKURU DISTRICT-572214.
4. SMT. KAMALAMMA,
W/O SHANTHARAJU A.E,
AGED ABOUT 58 YEARS,
R/AT NO.216, GANIGRA BEEDI,
SANIMHA DEVA DEVALAYA,
NEAR BAGURU ROAD,
CHANNARAYAPATNA,
HASSAN DISTRICT-573116.
…PETITIONERS
(BY SRI LOKESHA K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CHIKKANAYAKANAHALLI POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE 560001.
2. SRI KRUTHIKA S,
W/O NUTHAN B S,
D/O SHANKARAIAH,
AGED ABOUT 22 YEARS,
R/AT SIDDARAMA NAGARA,
SHETTIKERE HOBLI, DUGUDI HALLI POST,
CHIKKANAYAKANAHALLI TALUK,
TUMAKURU DISTRICT-572214.
…RESPONDENTS
(BY SRI NAGHARISH, HCGP FOR R-1;
R2 - KRUTHIKA S - SERVED)
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HC-KAR
NC: 2026:KHC:58418
CRL.P No. 11755 of 2026
CNR: KAHC010536412026
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) TO
a) QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2593/2025,
PENDING ON THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC
CHIKKANAYAKANAHALLI, TUMKUR DISTRICT, FOR THE
OFFENCES P/U/S 85, 54, 352, 127(2) R/W 3(5) OF BNS, 2023,
AT ANNEXURE-D AND ETC.
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 for the petitioners and the
learned High Court Government Pleader for the respondent
No.1. Second respondent is though served, is not present
before the Court.
2. This petition is filed to quash the proceedings in
C.C.No.2593/2025, pending before the JMFC,
Chikkanayakanahalli, Tumkur District, for the offences
punishable under Sections 85, 54, 352, 127(2) r/w. 3(5) of the
Bharatiya Nyaya Sanhitha, 2023 (hereinafter referred to as ‘the
BNS’ for short).
3. Learned counsel for the petitioners would submit
that the respondent No.2 is the complainant and wife of
petitioner No.1. Petitioner No.2/accused No.2 is the mother-in-
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HC-KAR
NC: 2026:KHC:58418
CRL.P No. 11755 of 2026
CNR: KAHC010536412026
law, petition No.3/accused No.3 is the father-in-law and
petitioner No.4/accused No.4 is the sister of the mother-in-law,
who is said to be residing separately in a different district.
4. It is the submission of the learned counsel for the
petitioners that the respondent No.2 stayed in the matrimonial
house only for one month and left the company of the
husband/ petitioner No.1 and his family members.
5. Referring to the statements of the complainant,
learned counsel for the petitioners would submit that the
complainant has stated that Respondent No.2 was not
interested in marrying petitioner No.1/accused No.1 and was
forced to marry him by his family members. Thus, learned
counsel would contend that the complaint is filed only to
humiliate her husband and his family members. Learned
counsel would contend that the petition has to be allowed and
proceedings be quashed.
6. Learned High Court Government Pleader would
submit that the police after investigation have filed the final
report. There are eyewitnesses to the incident, who have
stated that the complainant was assaulted and abused by the
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CRL.P No. 11755 of 2026
CNR: KAHC010536412026
petitioners and therefore, trial has to be continued. It is further
submission that petitioner No.4 - accused No.4 has instigated
the family members of petitioner No.1 to assault, abuse and ill-
treat the second respondent. Learned counsel would contend
that the petition has to be dismissed.
7. This Court has considered the contentions raised at
the Bar and have perused the records.
8. From the contents of the complaint, it is noticed
that there are allegations of assault and abuse by petitioners
No.1 to 3. However, insofar as petitioner No.4 is concerned,
there is one statement wherein it is stated that petitioner No.4
used to instigate the remaining petitioners. The learned counsel
for the petitioners would urge that respondent No.2 was not at
all interested in the marriage and that has resulted in the
present scenario.
9. The Court is of the view that the contentions based
on these disputed facts cannot be accepted at this stage. It is
for the petitioners to produce those records before the trial
Court and to take appropriate defence.
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CRL.P No. 11755 of 2026
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10. What is required to be noticed is that, admittedly
petitioner No.4 is the sister of the mother-in-law of respondent
No.2. Petitioner No.4 is residing in another district and the
vague allegation made in the complaint cannot be the basis to
prosecute petitioner No.4.
11. Hence, the following:
ORDER
a. The criminal petition is allowed in-part.
b. Proceedings in C.C.No.2593/2025, pending before the
Principal Civil Judge and JMFC, Chikkanayakanahalli,
Tumkur District, stand quashed only insofar as
petitioner No.4 – accused No.4.
c. Proceedings in C.C.No.2593/2025, pending before the
Principal Civil Judge and JMFC, Chikkanayakanahalli,
Tumkur District, insofar as petitioner Nos.1 to 3 –
accused Nos.1 to 3 shall continue.
d. The observations made in the course of the order is
only confined to the merits of the petition filed under
Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and not on the merits of the contentions
raised by the petitioners.
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CRL.P No. 11755 of 2026
CNR: KAHC010536412026
e. All contentions are left open.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
NVJ
List No.: 1 Sl No.: 32