Karnataka High Court
Jafer Sadik Hussain Mukthesar vs The State Of Karnataka on 12 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:2225
CRL.P No. 104046 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 104046 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
JAFER SADIK HUSSAIN MUKTHESAR
AGE 55 YEARS, OCC. PVT. WORK
R/O. HERANGADI HONNAVAR
UTTARA KANNADA KARNATAKA HONNAVAR-581334
...PETITIONER
(BY SRI. PRASHANT V. MOGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY HONNAVAR POLICE STATION
THROUGH ITS S.P.P.
HIGH COURT KARNATAKA,
DHARWAD BENCH DHARWAD-580011.
CHANDRASHEKAR
LAXMAN
KATTIMANI
2. BIJU DAMODARAN UDAYANTHAZHETHIL
AGE 49 YEARS, OCC PVT. WORK
POST VAYALAPARAKKOD, POST VAYALAPARAKKOD,
Digitally signed by PATHANAMTHI PATHANAMATHITTA KERALA-591554.
CHANDRASHEKAR
LAXMAN ...RESPONDENTS
KATTIMANI (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
Date: 2026.02.13
15:47:41 +0530 SRI. R.H. ANGADI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN THE
CRIME.NO.174/2025 OF HONNAVAR POLICE STATION DATED
24/08/2025 FILED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
318(2), 318(4) OF BNS 2023, AGAINST THE PETITIONER/ACCUSED
NO.1, PENDING BEFORE PRINCIPAL CIVIL-JUDGE AND J.M.F.C
HONNAVAR BY ALLOWING THE PRESENT PETITION, IN THE INTEREST
OF JUSTICE.
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NC: 2026:KHC-D:2225
CRL.P No. 104046 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.P.G.Mogali, learned counsel appearing for petitioner, Smt.Kirtilata R. Patil, learned High Court Government Pleader appearing for respondent No.1.
2. None appears for the respondent No.2.
3. The present petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with the following prayer:
"Wherefore, it is respectfully prays that this Hon'ble Court may be pleased to quash the entire proceedings in the Crime.No.174/2025 of Honnavar Police Station dated 24/08/2025 filed for the offence punishable under sections 318(2), 318(4) of BNS 2023, against the petitioner/accused No.1, pending before Principal Civil-Judge and J.M.F.C Honnavar by allowing the present petition, in the interest of justice"-3-
NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 HC-KAR
4. Facts in the nutshell, which are utmost necessary for disposal of the present petition are as under:
5. The second respondent filed a complaint with Honnavara Police Station alleging that accused Naushad is his friend and accused No.1-Jafar is an acquaintance with the Naushad. It was represented that in the State of Kuwait, Ministry of Defence, A1-Ahmad Forces Hospital, 48 vacancies are available in the said hospital and he would be in a position to secure employment for the complainant in the said hospital.
6. The third accused, namely Sujatha, telephoned the complainant and informed that all the documents collected by accused Nos.1 and 2 had been forwarded to the Minister at Kuwait and approved. However, for processing the offer letter, an amount ₹1,000 Kuwaiti Dinar, equivalent to ₹2,82,000/- was required to be paid. It was also represented that 3 to 5 months would be required for processing the visa.
7. Accordingly, the complainant and his friends collected the money and transferred ₹10,67,000/- to the bank account of the first accused and ₹17,77,000/- to the bank account of the second accused and ₹23,57,185/- to the bank account of third accused amounting in total to ₹52,01,185/- was transferred. -4-
NC: 2026:KHC-D:2225 CRL.P No. 104046 of 2025 HC-KAR
8. However, there was no job letter received by them and therefore, they came to know that they had been deceived by the accused persons and sought for action against the petitioners and others.
9. The Honnavar Police, after registering the case, are investigating the matter.
10. In the meantime, the petitioner has filed the present petition seeking the aforesaid relief, contending that he has no role whatsoever in the alleged fraud. The petitioners submits that he only came to know about the vacancies available in the hospital in Kuwait and merely informed the complainant about the same. Beyond this, he had no involvement in the matter and therefore, sought for quashing the pending FIR.
11. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would contend that in the complaint itself, there is a specific allegation that a sum of ₹10,67,000/- was transferred to the account of the present petitioner. Therefore, from the complaint averments there is a direct nexus of fraud between the petitioner and the alleged offence and sought for dismissal of the petition.
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12. Having heard the arguments of both sides, this Court perused the material on record meticulously.
13. On such perusal of the material on record, it is evident that all the three petitioners appear to have colluded together in the alleged fraud. The police, after registering the case are investigating the matter. Admittedly, the transfer of the money has taken place through bank transactions and a sum of ₹10,67,000/- was transferred to the account of the present petitioner as could be seen from the complaint averment itself.
14. What happened to said money and what is the exact role that is played by the present petitioner, who is accused No.1 in the incident, are all matters of investigation, which has to be investigated by the investigation agency properly and unearth the truth and role played by the present petitioner in the alleged fraud and to submit an appropriate report.
15. Thus, it is too premature for this Court to form an opinion that the present petitioner had no nexus whatsoever with the alleged fraud.
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16. Accordingly, the following order, ORDER The petition is dismissed.
Sd/-
(V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 56