[Cites 5, Cited by 0]
Karnataka High Court
Yamanappa vs Smt Hema on 25 March, 2026
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NC: 2026:KHC-K:2675
CRL.P No. 202062 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 202062 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. YAMANAPPA S/O ARJUNAPPA PAYTI
AGED: 38 YEARS
OCC: DRIVER AND AGRI.
2. LAXMI @ MAHALAXMI W/O YAMANAPPA
AGED ABOUT 35 YEARS
OCC: HOUSEWIFE
3. SIDDAMMA W/O ARJUNAPPA PAYTI
AGED: 55 YEARS, OCC: HOUSEWIFE
PETITIONERS NO.1 TO 3 ARE
Digitally signed by R/AT TARAKASPYATI, TQ: CHITTAPUR
SHIVALEELA
DATTATRAYA UDAGI DIST: KALABURAGI-585211
Location: HIGH
COURT OF
KARNATAKA 4. BHIMBAI @ BASAMMA
W/O HANMANTHA AMBIGER
AGED ABOUT 40 YEARS
OCC: HOUSEWIFE
R/AT HOTINAMADI VILLAGE
TQ: JEWARGI
DIST: KALABURAGI-585310
5. HANMANTH S/O SHARANAPPA AMBIGER
AGED ABOUT 42 YEARS, OCC: AGRI.
R/AT HOTINAMADI VILLAGE
TQ: JEWARGI, DIST: KALABURAGI-585310
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NC: 2026:KHC-K:2675
CRL.P No. 202062 of 2025
HC-KAR
6. NAGAMMA
W/O LATE DURGAPPA BOMANAHALLI
AGED: 50 YEARS, OCC: HOUSEWIFE
R/AT MAILAPUR AGASI YADGIRI
TQ: AND DIST: YADGIRI-585201
...PETITIONERS
(BY SRI. BHEEMARAYA., ADVOCATE)
AND:
SMT. HEMA W/O YAMANAPPA PAYTI
AGE: 35 YEARS, OCC: HOUSEWIFE
R/AT: TARKASPET, TQ: CHITTAPUR
DIST: KALABURAGI-585102
NOW R/AT ANABI VILLAGE
TQ: SHAHAPUR, DIST: YADGIRI-585201
...RESPONDENT
(BY SRI. MOHAN R. RATHOD AND
SMT. BHUWANESHWARI G. B., ADVOCATES)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.
528 OF BNSS (NEW), PRAYING TO ALLOW THIS PETITION AND
BE PLEASED TO QUASH THE PROCEEDINGS IN
C.C.NO.1199/2024, PENDING ON THE FILE OF ADDL. CIVIL
JUDGE AND JMFC, SHAHAPUR, ARISING OUT OF PRIVATE
COMPLAINT FILED BY THE RESPONDENT IN PCR NO.56/2024
AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE
U/SEC. 494, 108 R/W 149 OF IPC TO SECURE THE ENDS OF
JUSTICE AND TO PREVENT ABUSE OF PROCESS OF THE COURT
AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2026:KHC-K:2675
CRL.P No. 202062 of 2025
HC-KAR
ORAL ORDER
The petitioners have filed this petition under Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, 'BNSS, 2023') seeking following relief:
"To Quash the proceedings in
C.C.No.1199/2024, pending on the file of Addl. Civil
Judge and JMFC, Shahapur, arising out of private
complaint filed by the respondent in PCR No.56/2024
against the petitioners for the offences punishable
u/sec. 494, 108 r/w 149 of IPC to secure the ends of
justice and to prevent abuse of process of the court
and etc
Pass such other order or orders, which this
Hon'ble Court may be pleaded to pass, in the
circumstances of the case, in the interest of justice."
2. Respondent appeared before this Court through
counsel and filed objection.
3. The learned counsel for the petitioners would
submit that petitioners are innocent of the allegation made
against them. Petitioners have nothing to do with the
alleged offence, as they have been falsely implicated in the
above case vindictively and in order to cause harassment.
That there is no prima facie case against the petitioners.
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HC-KAR
There is no specific overt act against the petitioners. The
second marriage took place on 19.02.2024, but the
complaint was lodged on 30.04.2024 without any proper
explanation for the delay. Such unexplained delay creates
spontaneity of the allegation. No documentary evidence,
no photography, no video, no priest's statement, and no
temple record are produced to substantiate the allegation
of second marriage. Except omnibus and general
allegations, there is no active participation of accused
Nos.3 to 6. On all these grounds sought for allowing this
petition.
4. I have examined the materials placed before
this Court.
5. Hema W/o: Yamanappa Pyati, had lodged a
complaint against the accused Nos.1 to 6 for the offence
under Sections 494, 108 r/w 149 of IPC. The case was
registered in PCR No.56/2024. Thereafter, sworn
statement of CW.1 was recorded and five documents were
marked as Exs.C1 to C5. On the basis of sworn statement,
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HC-KAR
the trial Court has taken cognizance against accused Nos.1
to 6 for the offence under Sections 494, 108 r/w 149 of
IPC and the case was registered in C.C.No.1199/2024.
Being aggrieved by the order passed by the trial Court, the
petitioners have preferred this petition seeking to quash
the proceedings.
6. On perusal of the complaint, in paragraph No.8
of the complaint, it is stated that accused Nos.3 to 6 have
abetted accused Nos.1 and 2 for second marriage. In the
sworn statement of CW.1-Hema, she has not stated that
accused Nos.3 to 6 have abetted accused Nos.1 and 2 for
second marriage. Though there are no sufficient materials
to proceed against accused Nos.3 to 6 for the commission
of offence under Sections 494, 108 r/w 149 of IPC,
however, the Trial Court has registered the case against
them for the commission of offence under Sections 494,
108 r/w 149 of IPC. As regards petitioner Nos.1 and 2 is
concerned, there are sufficient materials to proceed
against them for the commission of offence under Sections
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HC-KAR
494, 108 r/w 149 of IPC. Hence, I proceed to pass the
following:
ORDER
(a) The petition is partly allowed.
(b) The petition in respect of petitioner Nos.1
and 2 is dismissed.
(c) The petition in respect of petitioner Nos.3
to 6 is allowed.
(d) The cognizance taken against accused
Nos.3 to 6 who are petitioner Nos.3 to 6 in
C.C.No.1199/2024, pending on the file of
Addl. Civil Judge and JMFC, Shahapur,
arising out of private complaint filed by the
respondent in PCR No.56/2024 for the
offences punishable under Sections 494,
108 r/w of 149 of IPC, is hereby quashed.
Registry directed to send the copy of this order to the
Trial Court.
Sd/-
(G BASAVARAJA)
JUDGE
SDU,MSR
LIST NO.: 1 SL NO.: 39;CT-BH
