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Karnataka High Court
Jafer Sadik Hussain Mukthesar vs The State Of Karnataka on 12 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:2225
CRL.P No. 104046 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 104046 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
JAFER SADIK HUSSAIN MUKTHESAR
AGE 55 YEARS, OCC. PVT. WORK
R/O. HERANGADI HONNAVAR
UTTARA KANNADA KARNATAKA HONNAVAR-581334
...PETITIONER
(BY SRI. PRASHANT V. MOGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HONNAVAR POLICE STATION
THROUGH ITS S.P.P.
HIGH COURT KARNATAKA,
DHARWAD BENCH DHARWAD-580011.
CHANDRASHEKAR
LAXMAN
KATTIMANI
2. BIJU DAMODARAN UDAYANTHAZHETHIL
AGE 49 YEARS, OCC PVT. WORK
POST VAYALAPARAKKOD, POST VAYALAPARAKKOD,
Digitally signed by PATHANAMTHI PATHANAMATHITTA KERALA-591554.
CHANDRASHEKAR
LAXMAN ...RESPONDENTS
KATTIMANI (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
Date: 2026.02.13
15:47:41 +0530 SRI. R.H. ANGADI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN THE
CRIME.NO.174/2025 OF HONNAVAR POLICE STATION DATED
24/08/2025 FILED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
318(2), 318(4) OF BNS 2023, AGAINST THE PETITIONER/ACCUSED
NO.1, PENDING BEFORE PRINCIPAL CIVIL-JUDGE AND J.M.F.C
HONNAVAR BY ALLOWING THE PRESENT PETITION, IN THE INTEREST
OF JUSTICE.
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NC: 2026:KHC-D:2225
CRL.P No. 104046 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.P.G.Mogali, learned counsel appearing for
petitioner, Smt.Kirtilata R. Patil, learned High Court Government
Pleader appearing for respondent No.1.
2. None appears for the respondent No.2.
3. The present petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 with the following
prayer:
"Wherefore, it is respectfully prays that this Hon'ble
Court may be pleased to quash the entire proceedings in the
Crime.No.174/2025 of Honnavar Police Station dated
24/08/2025 filed for the offence punishable under sections
318(2), 318(4) of BNS 2023, against the petitioner/accused
No.1, pending before Principal Civil-Judge and J.M.F.C
Honnavar by allowing the present petition, in the interest of
justice"
NC: 2026:KHC-D:2225
HC-KAR
4. Facts in the nutshell, which are utmost necessary for
disposal of the present petition are as under:
5. The second respondent filed a complaint with
Honnavara Police Station alleging that accused Naushad is his
friend and accused No.1-Jafar is an acquaintance with the
Naushad. It was represented that in the State of Kuwait, Ministry
of Defence, A1-Ahmad Forces Hospital, 48 vacancies are
available in the said hospital and he would be in a position to
secure employment for the complainant in the said hospital.
6. The third accused, namely Sujatha, telephoned the
complainant and informed that all the documents collected by
accused Nos.1 and 2 had been forwarded to the Minister at
Kuwait and approved. However, for processing the offer letter,
an amount ₹1,000 Kuwaiti Dinar, equivalent to ₹2,82,000/- was
required to be paid. It was also represented that 3 to 5 months
would be required for processing the visa.
7. Accordingly, the complainant and his friends collected
the money and transferred ₹10,67,000/- to the bank account of
the first accused and ₹17,77,000/- to the bank account of the
second accused and ₹23,57,185/- to the bank account of third
accused amounting in total to ₹52,01,185/- was transferred.
NC: 2026:KHC-D:2225
HC-KAR
8. However, there was no job letter received by them
and therefore, they came to know that they had been deceived
by the accused persons and sought for action against the
petitioners and others.
9. The Honnavar Police, after registering the case, are
investigating the matter.
10. In the meantime, the petitioner has filed the present
petition seeking the aforesaid relief, contending that he has no
role whatsoever in the alleged fraud. The petitioners submits
that he only came to know about the vacancies available in the
hospital in Kuwait and merely informed the complainant about
the same. Beyond this, he had no involvement in the matter and
therefore, sought for quashing the pending FIR.
11. Per contra, Smt.Kirtilata R.Patil, learned High Court
Government Pleader would contend that in the complaint itself,
there is a specific allegation that a sum of ₹10,67,000/- was
transferred to the account of the present petitioner. Therefore,
from the complaint averments there is a direct nexus of fraud
between the petitioner and the alleged offence and sought for
dismissal of the petition.
NC: 2026:KHC-D:2225
HC-KAR
12. Having heard the arguments of both sides, this Court
perused the material on record meticulously.
13. On such perusal of the material on record, it is
evident that all the three petitioners appear to have colluded
together in the alleged fraud. The police, after registering the
case are investigating the matter. Admittedly, the transfer of the
money has taken place through bank transactions and a sum of
₹10,67,000/- was transferred to the account of the present
petitioner as could be seen from the complaint averment itself.
14. What happened to said money and what is the exact
role that is played by the present petitioner, who is accused No.1
in the incident, are all matters of investigation, which has to be
investigated by the investigation agency properly and unearth
the truth and role played by the present petitioner in the alleged
fraud and to submit an appropriate report.
15. Thus, it is too premature for this Court to form an
opinion that the present petitioner had no nexus whatsoever with
the alleged fraud.
NC: 2026:KHC-D:2225
HC-KAR
16. Accordingly, the following order,
ORDER
The petition is dismissed.
Sd/-
(V.SRISHANANDA)
JUDGE
RHR/-CT-CMU
LIST NO.: 1 SL NO.: 56
