[Cites 6, Cited by 0]
Karnataka High Court
Gopal Atmaram Naidu vs The State Of Karnataka on 18 March, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC-D:4313
CRL.P No. 103127 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 18TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.103127 OF 2023
(482(Cr.PC)/528(BNSS))
BETWEEN:
GOPAL ATMARAM NAIDU
AGE: 39 YEARS, OCC: PRIVATE SERVICE,
R/O. 139, HOSAGADDE, SHETGERI,
TQ: ANKOLA, DIST: UTTARA KANNADA-581 353.
...PETITIONER
(BY SRI. PRANAV BADAGI, ADVOCATE FOR
SIR. R.H.ANGADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(ANKOLA POLICE STATION),
REPRESENTED BY
VISHAL THE STATE PUBLIC PROSECUTOR,
NINGAPPA HIGH COURT OF KARNATAKA,
PATTIHAL DHARWAD BENCH DHARWAD-580 011.
Digitally signed by
VISHAL NINGAPPA 2. SMT. MANJULA W/O. GOPAL NAIDU
PATTIHAL
Location: HIGH AGE: 33 YEARS, OCC: HOUSEHOLD,
COURT OF
KARNATAKA R/O. NAGINKERI, MALAGI, TQ: MUNDGOD,
DHARWAD BENCH
DIST: UTTARA KANNADA-581 346.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., 1973 PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS PENDING AGAINST THE PETITIONER WHO IS ARRAYED
AS ACCUSED NO.1 IN SPECIAL CASE NO. 56/2021 ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE UTTARA KANNADA
KARWAR IN ANKOLA P.S. CRIME NO.41/2021 FOR THE OFFENCES
P/U/S 323,504,498(A) R/W SECTION 34 IPC AND U/SEC 3(1) (r) (s)
(2) (va) OF SC/ST POA ACT AND CONSEQUENTLY THE ENTIRE
CRIMINAL PROCEEDINGS BE QUASHED; AND ETC.
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NC: 2026:KHC-D:4313
CRL.P No. 103127 of 2023
HC-KAR
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.1 under Section 482
of Cr.P.C praying to quash the proceedings in Special Case
No.56/2021 pending on the file of II-Additional District and
Sessions Judge, Uttar Kannada, Karwar, arising out of Crime
No.41/2021 of Ankola Police Station registered for offences
punishable under Sections 498(A), 323, 504 and 506 R/w.
Section 34 of IPC and Sections 3(1)(r)(s)(2)(va) of Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities Act) 1989
[for short 'SC/ST (POA) Act'].
2. Heard learned counsel for the petitioner, the
learned counsel for respondent No.2 and learned High Court
Government Pleader for respondent No.1-State.
3. Learned counsel for the petitioner would contend
that the allegations made in the complaint against the
petitioner-accused No.1 are omnibus. It is alleged that the
assault is made on 27.03.2015 by the petitioner is not been
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HC-KAR
stated in the complaint. The complainant left the house of the
petitioner during March-2015 and thereafter, she pursued her
higher education. The entire charge sheet does not make out
a case against the petitioner. There is a delay in filing the
complaint, the alleged assault is made on 27.03.2015 and
complaint has been filed on 08.02.2021. On these grounds,
he prays for quashing the proceedings.
4. Per contra, learned High Court Government Pleader
for respondent No.1-State and the learned counsel for
respondent No.2-complainant submit that the charge sheet
material shows prima facie case against the petitioner for the
offences alleged against him. As per the charge sheet, there is
a specific allegation against the petitioner assaulting the
complainant on 27.03.2015 and that is supported by the
medical certificate issued by the Primary Health Centre,
Kodati of Bengaluru East Taluk, Bengaluru. There are eye-
witnesses to the incident and they are cited as CWs.6 to 11.
Hence, there is a prima facie case made out against the
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HC-KAR
petitioner and there are no grounds for quashing the
proceedings.
5. Having heard the learned counsels, this Court has
perused the charge sheet averments and perused the material
on record.
6. The petitioner is the husband of the complainant
and their marriage has been taken place on 31.08.2014. As
per the charge sheet averments, it is alleged that accused
No.2 used to abuse the complainant stating that she did not
know to do house hold works properly and the dog will also
not eat the food cooked by her. There is an allegation in the
column No.17 of the charge sheet that the petitioner-accused
No.1 has assaulted the complainant on 27.03.2015 at about
11:00 PM and the complainant has taken treatment at
Primary Health Centre, Kodati. The medical certificate issued
by Primary Health Centre, Kodati indicates that, in the history
it is mentioned that the complainant has been assaulted by
her husband Gopal Atmaram Naidu on 27.03.2015 at 11:00
PM and there are four injuries noted. The statement of the
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complainant has also been recorded under Section 164 of
Cr.P.C by the Magistrate. In the said statement also, the
complainant has alleged that the petitioner-accused No.1
used to harass her physically and mentally everyday. Even in
the said statement, she has stated that she has filed
complaint before the Police and her husband has executed a
bond with an undertaking that he will not harass or abuse his
wife.
7. On perusal of the charge sheet, CWs.6 to 11 are
cited as eye-witnesses. Merely because there is a delay in
filing the complaint, is not a ground to quash the proceedings.
If there are any grounds, the petitioner is at liberty to move
the trial Court seeking discharge.
8. Considering the above, there are no grounds for
quashing the proceedings. In the result, the petition is
dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ/CT:VH/List No.: 1 Sl No.: 9
