Karnataka High Court
Bismilla Bee And Ors vs The State Through And Anr on 19 June, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC-K:3219
CRL.P No. 200145 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 200145 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. BISMILLA BEE W/O MAHEBOOB SAB,
AGE:66 YEARS, OCC: HOUSEHOLD,
R/O. H NO. 5-789, DARGHA ROAD,
PUSTPUR ROZA, KALABURAGI-585104.
2. ABDUL HAMEED S/O SHAIK MAHEBOOB SAB,
AGE:42 YEARS, OCC: PRIVATE JOB,
R/O. H.NO. 8-88/2 OSMAN NAGAR,
SHAEEN NAGAR, SAROORNAGAR,
RANGA REDDI (TELANGANA),
TELANGANA-500037.
Digitally signed 3. MD. DASTAGIR S/O SHAIK MAHEBOOB SAB,
by RENUKA AGE:37 YEARS, OCC: PRIVATE JOB,
Location: HIGH R/O. H.NO. 8-88/2 USMAN NAGAR, SHAEEN NAGAR,
COURT OF
KARNATAKA SAROORNAGAR RANGA REDDI (TELANGANA),
TELANGANA-500037.
4. SAHERA BANU D/O MAHEBOOB SAB,
AGE:44 YEARS, OCC: HOUSEHOLD,
H.NO.5/39281/1, DARGHA ROAD, CHOTA ROZA,
KALABURAGI-585104.
5. GULAM HUSSAIN S/O MAHEBOOB SAB INGALAGI,
AGE:53 YEARS, OCC: COOLIE,
H.NO.5-818, HUSSAINI MASJID DARGHA ROAD,
CHOTA ROZA, KALABURAGI-585104.
...PETITIONERS
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NC: 2025:KHC-K:3219
CRL.P No. 200145 of 2025
HC-KAR
(BY SRI SHIVASHARANA REDDY, ADVOCATE)
AND:
1. THE STATE THROUGH
WOMEN POLICE STATION,
KALABURAGI 585102,
REPTD BY ADDL. SPP HIGH COURT OF KARNATAKA, AT
KALABURAGI BENCH.
2. SAMIRA BEGUM W/O KHAJA MAINUDDIN,
AGE:31 YEARS, OCC: JUNIOR ENGINEER GESCOM, R/O.
UMAR COLONY, NEAR CHUNA BHATTI, KALABURAGI-
585104.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
SRI SHARANAGOUDA V. PATIL, ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 528 OF BNSS,2023
PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS IN C.C.NO. 7000/2024 ARISING FROM CRIME NO.
151/2023 OF RESPONDENT WOMEN P.S. KALABURAGI PENDING ON
THE FILE OF I ADDL. J.M.F.C. AT KALABURAGI FOR OFFENCE U/S
498(A), 323, 504, 506, 109 R/W 34 OF IPC AND 3 AND 4 OF DP ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri. Shivasharana Reddy, learned counsel appearing for the petitioner, Sri. Veeranagouda Malipatil, learned High Court Government Pleader appearing for -3- NC: 2025:KHC-K:3219 CRL.P No. 200145 of 2025 HC-KAR respondent No.1, and Sri. Sharanagouda V. Patil, learned counsel appearing for the respondent No.2.
2. This petition is filed under Section 482 of Cr.P.C., with the following prayer:
"Wherefore, for the reasons stated above it is most humbly and respectfully prayed to this Hon'ble Court to quash the entire proceedings against the petitioners in C.C.No.7000/2024 arising from Crime No.151/2023 of respondent Women P.S., Kalaburagi, pending on the file of I Additional JMFC at Kalaburagi, for offence U/S 498(A), 323, 504, 506, 109 R/W. 34 of IPC and 3 and 4 of D.P.Act, in the interest of justice and equity."
3. The facts in brief which are utmost necessary for disposal of the present petition are as under:
3.1. The second respondent filed a complaint with Women Police Station, Kalaburagi contending that, she had married Khazamainuddin on 29.04.2019 and after the marriage the couple lived happily for some time and thereafter on the ground of demand of dowry, there is to be physically and mentally harassed.-4-
NC: 2025:KHC-K:3219 CRL.P No. 200145 of 2025 HC-KAR 3.2. The present petitioners being the relative of her husband namely, mother-in-law, brothers-in-law and sister-in- law have all joined together and abused the complainant in filthy language and they also threatened her to take away her life. They used to snatch the monthly salary of the complainant to meet the house hold expenses and they specifically demanded dowry in a sum of Rs.8,00,000/-. Again there was a demand of Rs.7,00,000/- for the purpose of purchasing a car. Unable to meet the physical and mental harassment, a sum of Rs.13,00,000/- was paid in two installments by the complainant towards the dowry and again there was a demand.
3.3. When the complainant was pregnant of seven months, because of the physical and mental harassment imparted to the complainant she could not deliver the baby and there was an abortion. Thereafter, on 26.10.2023 she gave birth to a male child and on 29.10.2023 her husband got her discharged from the hospital on the ground that, the medical expenses would be too high if she remains in the hospital.
3.4. Subsequent thereto, she was not looked after well and even she was not provided with proper food and they did -5- NC: 2025:KHC-K:3219 CRL.P No. 200145 of 2025 HC-KAR not care to look after the complainant and her young child. Because of the physical and mental harassment, she suffered in her health to a great extent and when she had epileptic attack on 01.11.2023, there was no proper treatment, as a result she suffered with brain stroke. She was assaulted on that day also by the husband and his sister.
3.5. On 19.11.2023 her husband visited the hospital again and mentally harassed her. Based on such complaint, the police registered the case against the petitioners and others and after investigating the matter, filed charge-sheet. The petitioners appeared before the Court and obtained bail and thereafter, they have filed the present petition seeking aforesaid reliefs.
4. Sri. Shivasharana Reddy, learned counsel would contend that, a false case has been foisted against the present petitioners who are in no way connected with the incident.
5. He would further contend that, the husband and wife being the public servants, had established a separate house and they were living there and what happened in the -6- NC: 2025:KHC-K:3219 CRL.P No. 200145 of 2025 HC-KAR house is not known to the present petitioners and they have been falsely implicated in the case.
6. He would further contend that, to establish that all the petitioners are living separately, photocopies of the Adhar Card is placed on record.
7. Per contra, learned High Court Government Pleader and Sri. Sharanagouda Patil, would submit that, prima-facie materials are collected by the Investigation Agency which are enclosed in the charge-sheet materials which would be sufficient enough to proceed further with the criminal case against the petitioners and sought for dismissal of the petition.
8. They would further contend that, the medical records, statements of the complainant and other witnesses would prima-facie establishes the role assigned to each and every petitioner and therefore, the prayer of the petitioners cannot be granted and sought for dismissal of the petition.
9. Having heard the arguments from both sides, this Court perused the material on record meticulously. -7-
NC: 2025:KHC-K:3219 CRL.P No. 200145 of 2025 HC-KAR
10. On such perusal of the material on record, it is crystal clear that, even though the husband and wife are living separately, the petitioner No.1 being the resident of Kalaburagi and so also the petitioner Nos.4 and 5 being the residents of Kalaburagi, which are in the vicinity of the residence of the respondent No.2, cannot take the benefit of their separate establishments to contend that they are totally innocent as there is no nexus between them and the incident.
11. But insofar as the petitioner Nos.2 and petitioner No.3 are concerned, they are admittedly residents of Telangana State and the allegations that they also indulged in harassing the respondent No.2 by joining their hands along with other petitioners cannot be countenanced in law by following the dictum laid down by the Hon'ble Apex Court in the case of Kahkshan Kausar @ Sonam Vs. State of Bihar and others, reported in (2022) 6 SCC 599.
12. Therefore, as against petitioner Nos.2 and 3, the pending criminal proceeding needs to be quashed. Insofar as remaining petitioners are concerned, the material on record -8- NC: 2025:KHC-K:3219 CRL.P No. 200145 of 2025 HC-KAR would be sufficient enough to proceed further against them in accordance with law.
13. Hence, the following order:
ORDER
(i) The petition is allowed in part.
(ii) Pending Criminal Proceedings in C.C.No.7000/2024 pending on the file of I Additional JMFC Court, Kalaburagi, as against petitioner Nos.2 and 3 who are accused Nos.3 and 4 is hereby quashed.
(iii) The petition against the remaining petitioner Nos.1, 4 and 5 who are accused Nos.2, 5 and 6 is dismissed.
Sd/-
(V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 32 CT:PK