[Cites 8, Cited by 0]
Karnataka High Court
Geeta W/O Abhishek Patil vs The State Of Karnataka on 18 March, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 101641 of 2025
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.101641 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. GEETA
W/O. ABHISHEK PATIL
AGE. 35 YEARS,
OCC. HOUSEHOLD WORK,
R/O. MALAMADDI,
DHARWAD,
DIST. DHARWAD.
2. MERLIN
VISHAL
NINGAPPA W/O. SUMENTH KARI @ KERI
PATTIHAL AGE. 35 YEARS,
OCC. HOUSEHOLD WORK,
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
R/O. MISSION COMPOUND,
Location: HIGH
COURT OF
KARWAR ROAD,
KARNATAKA
DHARWAD BENCH HUBBALLI.
... PETITIONERS
(BY SRI. P.N.HOSAMANE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY VIDYANAGAR POLICE STATION,
HUBBALLI,
REPRESENTED BY SPP,
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NC: 2026:KHC-D:4365
CRL.P No. 101641 of 2025
HC-KAR
HIGH COURT OF KARNATAKA BENCH,
DHARWAD-580011.
2. LAXMI
W/O. ASHOK RAJANAL
AGE. 31 YEARS,
OCC. PUBLIC SECTOR UNDERTAKING,
R/O. SHRADHA APARTMENTS
LINGARAJNAGAR,
HUBBALLI,
DIST. DHARWAD-580001.
... RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1;
NOTICE TO R2 IS SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. (528 OF BNSS), SEEKING TO CALL FOR RECORDS
OF COURT BELOW AND QUASH THE ENTIRE PROCEEDING
INITIATED BY FILING CHARGE SHEET IN VIDYANAGAR P.S.
CR.NO.16/2022 PENDING BEFORE COURT OF I ADDL.CIVIL
JUDGE AND JMFC HUBBALLI IN CC NO.6087/2022
PENDING FOR THE OFFENCES PUNISHABLE U/S 109, 323,
341, 448, 504, 506 R/W 34 OF IPC, IN RESPECT OF
PRESENT PETITIONERS (ACCUSED NO.3 AND 4); AND ETC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2026:KHC-D:4365
CRL.P No. 101641 of 2025
HC-KAR
ORAL ORDER
1. This Criminal Petition is filed by accused No.3 -
Geeta and accused No.4 - Merlin under Section 482 of the
Cr.P.C. / Section 528 of BNSS, 2023, praying to quash the
proceedings in C.C. No.6087 of 2022, arising out of Crime
No.16 of 2022 of Vidyanagar Police Station, pending on the
file of the I Additional Civil Judge and JMFC, Hubballi,
registered for offences punishable under Sections 109, 323,
341, 448, 504, 506 read with Section 34 of the IPC.
2. Heard the learned counsel appearing for the
petitioners and the learned High Court Government Pleader
appearing for respondent No.1 - State. In spite of service of
notice, respondent No.2 remains absent and unrepresented.
3. Learned counsel for the petitioners would contend
that the names of these petitioners and their presence have
not been stated by the first informant in her complaint. The
first informant, subsequently, in her further statement
recorded on 05.03.2022 (after one month of the complaint),
has stated the presence of two women along with accused
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Rahul and their overt acts. He further contended that the
petitioners and other accused, who are stated to have gone to
the house of the first informant in support of Shaktiraj, who
had purchased the property and got it cancelled, itself
indicates that the said Shaktiraj has no interest in the
property of the first informant, as he got his sale deed
cancelled. The alleged CW6 to CW8 eyewitnesses are created
witnesses. With this, the learned counsel for the petitioners
prays for allowing the petition.
4. Per contra, the learned High Court Government
Pleader would contend that CW6 has stated the presence of
the petitioners at the time of the incident and that they were
abusing the first informant. CW7 and CW8 have also
specifically stated the presence of these petitioners at the time
of the incident and that they pushed the first informant and
tore her clothes. The statements of CW6 to CW8 have been
recorded immediately after the date of the incident. The
wound certificate of the first informant indicates that she has
sustained one injury. The charge sheet material shows that
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there is a case against the petitioners for the offences alleged.
With this, the learned High Court Government Pleader prays
to reject the petition.
5. Having heard the learned counsel appearing for
the parties and perused the charge sheet and other material
placed on record, on the complaint of the first informant, the
case came to be registered in Crime No.16 of 2022 in
Vidyanagar Police Station against three accused persons and
13 unknown persons. In the first information filed by
respondent No.2, there is no mention of the presence of the
petitioners; it is stated that along with accused Nos.1 to 3,
there were 13 other persons. In the further statement of the
first informant recorded on 05.03.2022, for the first time she
has stated the presence of two women and their overt acts,
and in her statement recorded on 23.03.2022, she has stated
that the said women are the petitioners herein. CW6 to CW8
are eyewitnesses as per the charge sheet. The statement of
CW6 indicates that at the time of the incident there were two
women present along with one Rahul. CW7 and CW8 have
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also stated the presence of the women at the time of the
incident and that they pushed the first informant and tore her
clothes.
6. Considering the above aspects, at this stage, it
cannot be said that the proceedings against the petitioners
are an abuse of process of law. There are no grounds for
quashing the proceedings against the petitioners. In the
result, the petition is dismissed.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
VNP / CT: VH
List No.: 1 Sl No.: 42
