[Cites 7, Cited by 0]
Karnataka High Court
Mereoliji W/O Mary Lisy W/O David Antone vs The State Of Karnataka on 18 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
-1-
NC: 2026:KHC-D:2565
CRL.P No. 100164 of 2023
C/W CRL.P No. 103845 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100164 OF 2023
(482(CR.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 103845 OF 2022
IN CRL.P NO. 100164/2023
BETWEEN:
1. MERELIJI @ MARY LISY W/O DAVID ANTONE
AGE 32 YEARS, OCC. BUSINESS
NOW R/O. #1/1 A MUDDAMMA GARDEN,
PSK NAIDU ROAD DODDIGUNTE COXTOWN,
BANGALORE NORTH FRASER TOWN, BANGALORE 560005.
2. DEVID ANTONE @ DAVID ANTHONY
AGE 42 YEARS, OCC. BUSINESS,
NOW R/O. #1/1 A MUDDAMMA GARDEN
PSK NAIDU ROAD DODDIGUNTE COXTOWN,
BANGALORE NORTH FRASER TOWN,
CHANDRASHEKAR BANGALORE 560005.
LAXMAN
KATTIMANI ...PETITIONERS
(BY SRI. P.P. HITTALAMANI, ADVOCATE)
AND:
Digitally signed by
CHANDRASHEKAR
LAXMAN 1. THE STATE OF KARNATAKA
KATTIMANI
Date: 2026.02.20 THROUGH RANEBENNUR RURAL POLICE STATION
16:00:08 +0530 R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BENCH,
AT DHARWAD-580011.
2. SMT. SWAPNA @ SHILAJA
W/O RAVIKUMAR BHATHADH
AGE 32 YEARS, OCC. HOUSEWIFE
R/O. HUNASIKATTI ROAD CHIDAMBAR NAGAR
RANEBENNUR, DIST HAVERI 581115.
...RESPONDENTS
-2-
NC: 2026:KHC-D:2565
CRL.P No. 100164 of 2023
C/W CRL.P No. 103845 of 2022
HC-KAR
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SMT. NIRMALA B.G. ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO CALL FOR THE RECORDS AND QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO. 1118/2022, PENDING ON THE FILE OF
PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR FOR OFFENCES
PUNISHABLE U/SEC. 498-A, 323, 341, 504 AND 506 OF IPC R/W
SEC. 34 OF IPC, IN RESPECT OF THE PETITIONERS/ACCUSED NO.2
AND 3 AND GRANT SUCH OTHER RELIEFS, IN THE INTEREST OF
JUSTICE.
IN CRL.P NO. 103845/2022
BETWEEN:
RAVIKUMAR S/O SADASHIVAPPA BHATHADH
AGE 41 YEARS, OCC. AGRICULTURE
R/O HUNASIKATTI ROAD, CHIDAMBAR NAGAR
RANEBENNUR, DIST HAVERI 581115.
...PETITIONER
(BY SRI. P.P. HITTALAMANI, ADVOCATE)
AND:
1 THE STATE OF KARNATAKA
THROUGH RANEBENNUR RURAL POLICE STATION
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BENCH,
AT DHARWAD-580001.
2. SMT. SWAPNA @ SHILAJA
W/O RAVIKUMAR BHATHADH
AGE 32 YEARS, OCC. HOUSEWIFE
R/O. HUNASIKATTI ROAD, CHIDAMBAR NAGAR,
RANEBENNUR, DIST HAVERI 581115.
...RESPONDENT
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SMT. NIRMALA B.G. ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE
PROCEEDINGS IN C.C. NO. 1118/2022, PENDING ON THE FILE
OF PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR FOR
OFFENCES PUNISHABLE U/S 498A, 323, 341 AND 504, 506 OF
IPC R/W SEC. 34 IPC, IN RESPECT OF THE PETITIONER/
ACCUSED NO. 1 AND ETC.,.
-3-
NC: 2026:KHC-D:2565
CRL.P No. 100164 of 2023
C/W CRL.P No. 103845 of 2022
HC-KAR
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Sri P.P.Hittalamani, learned counsel for the petitioner/
accused No.1 has filed the memo praying to withdraw
Crl.P.No.103845/2022. The memo is placed on record.
2. Heard Sri P.P.Hittalamani, learned counsel for the
petitioners in Crl.P.No.100164/2023, Smt.Kirtilata R.Patil,
learned High Court Government Pleader and Smt.Nirmala B.G,
learned counsel for respondent No.2.
3. Petitioners in Crl.P.100164/2023 are the accused Nos.2
and 3 in Crime No.151/2021 registered by Ranebennur Rural
Police, District Haveri, pending in C.C.No.1118/2022 on the file
of the Prl. Senior Civil Judge and JMFC, Ranebennur, for the
offence punishable under Sections 323, 506, 341, 34, 498A and
504 of the Indian Penal Code.
4. Petitioners in Crl.P.100164/2023 are the girl friend and
her husband of accused No.1-Ravikumar (petitioner in
Crl.P.No.103845/2022) who is the husband of respondent No.2.
NC: 2026:KHC-D:2565
HC-KAR
5. Except omnibus allegations, there are no other material
placed on record insofar as accused Nos.2 and 3 are concerned.
6. As such, offence under Section 498A of the Indian Penal
Code is not attracted insofar as accused Nos.2 and 3.
7. Therefore, taking note of these aspects of the matter,
continuation of the proceedings in C.C.No.1118/2022 pending
on the file of the Prl. Senior Civil Judge and JMFC, Ranebennur,
as against accused Nos.2 and 3 is nothing but abuse of process
of law.
8. Therefore, a case is made out to quash the pending
proceedings insofar as accused Nos.2 and 3 are concerned.
9. It is also to be noted that accused No.1 has withdrawn
the challenge to the issue of process as against him.
10. Accordingly, the following:
ORDER
(i) Placing the memo on record,
Crl.P.No.103845/2022 is dismissed as withdrawn.
(ii) Crl.P.No.100164/2023 is hereby allowed.
NC: 2026:KHC-D:2565
HC-KAR
(iii) Pending proceedings in C.C.No.1118/2022
on the file of the Prl. Senior Civil Judge and JMFC,
Ranebennur, as against accused Nos.2 and 3 is
hereby quashed.
Sd/-
(V.SRISHANANDA)
JUDGE
kcm
Ct-cmu
LIST NO.: 1 SL NO.: 121
