IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 3802 OF 2025 BETWEEN:

1. SMT. BUGADE NAGAVENI W/O BUGADE NAGARAJU AGED ABOUT 52 YEARS 2. BUGADE NAGARAJU S/O BUGADE YELLAPPA AGED ABOUT 53 YEARS PETITIONER NO.1 AND 2 ARE AT NO.5/1199 HUNUMAN NAGAR, NEAR PANCHAMUKHI TEMPLE, ADONI TOWN, KURNOOL DISTRICT, ANDRA PRADESH - 518 301.

Digitally signed by SHARADAVANI

3. BUGADE SRINIVAS @ SREENIVAS B S/O B. YELLAPPA Location: High Court of AGED ABOUT 69 YEARS Karnataka R/AT NO. 5/390/2080/18, SREE NEELAKANTESHWARA COLONY ADONI TOWN, KURNOOL DISTRICT, ANDRA PRADESH - 518 301.

4. ARUNA @ BUGADE ARUNA W/O M. LOKESH AGED ABOUT 47 YEARS R/AT NO.MIG-1-366, APBH COLONY, ADONI TOWN, KURNOOL DISTRICT ANDRA PRADESH - 518 301.

5. B. SHIVA @ SHIVA KUMAR S/O B. SRINIVAS AGED ABOUT 34 YEARS R/AT NO. 5/390/2080/18, SREE NEELAKANTESHWARA COLONY, ADONI TOWN, KURNOOL DISTRICT, ANDRA PRADESH - 518 301.

…PETITIONERS (BY SRI. PADMANABHA J, ADVOCATE FOR SRI. RAGHU O.K, ADVOCATE)

AND:

1. STATE BY KARNATAKA BY MADIVALA POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

2. CHANDANA MANJUNATH D/O MANJUNATH, AGED ABOUT 26 YEARS R/AT NO. 605, 1ST CROSS, WEST CROSS ROAD C AND D BLOCK KUVEMPU NAGAR, MYSURU CITY - 570 021.

…RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;

SRI. CHANDRASHEKAR R.P, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.13/2025, REGISTERED BY THE MADIVALA POLICE, WHICH IS PENDING BEFORE THE 39TH ADDL.C.J.M BENGALURU FOR THE OFFENCE P/U/S 64(2)(m), 318(2)OF BNS 2023 AND SEC.4 OF D.P ACT MARKED AT (ANNEXURE A AND B).

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed by the petitioners, who are arrayed as accused Nos.2 to 6 in Crime No.13/2025 registered for the offences punishable under Sections 64(2)(m), 318(2) of the BNS, 2023 and Section 4 of the Dowry Prohibition Act.

2. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1. There is no representation of behalf of respondent No.2. Perused the records.

3. The present case is a classic illustration of the misuse of police machinery, where a complaint has been registered primarily for an offence punishable under Section 65(2) of the Bharatiya Nyaya Sanhita, 2023. However, in a bid to exaggerate the allegations and exert pressure, the entire family of accused No.1 has been implicated under Section 64(2) of the BNS, 2023. In addition, the prosecution has strategically invoked Section 318(2) of the BNS and Section 4 of the Dowry Prohibition Act to give the complaint a more serious colour.

4. Before proceeding further into the merits of the matter, this Court finds it appropriate to take note of the initial complaint lodged by respondent No.2 before the Kuvempunagara Police Station, Mysuru. The written complaint, submitted by respondent No.2/defacto complainant on 30.09.2023, bears considerable relevance to the present proceedings. The relevant extract of the said complaint is reproduced hereunder:

"After my masters, I was hired into GE company and as days passed friends happened and also Guru happened, ofcourse I had unwanted attention by other guys as well which I never cared and amongst all of this Guru became a friend, a good one-a real good one. This friendship blossomed further into being a little possessive over each other and eventually a relationship [#PrAna] where so many others (guy) tried to give mazars and sabotage this as well. But nothing worked as we loved each other and never gave up on each other.

Things were great uptil we told at our homes, my mother convinced my father in a second and tadaa he became another son here in our family. He would take care of me as if I'm a delicate evenin