IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200085 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. RENUKA W/O SIDDANNA KALASHETTY, AGE:60 YEARS, OCC: HOUSEHOLD, R/O. KALESHWAR ROAD, KALAGI, TQ. KALAGI, DIST. KALABURAGI-585312.

2. SIDDANNA S/O SHESHAPPA KALASHETTY, AGE:66 YEARS, OCC: AGRICULTURE, R/O. KALESHWAR ROAD, KALAGI, TQ. KALAGI, DIST. KALABURAGI-585312.

3. VIJAYLAXMI W/O UMAKANT, AGE:29 YEARS, OCC: HOUSEHOLD, R/O. NEAR JUMMA MASJID, KALAGI, TQ. KALAGI, DIST. KALABURAGI-585312

4. BASAVARAJ S/O SIDDANNA KALASHETTY, AGE:24 YEARS, OCC: PRIVATE WORK, R/O. KALESHWAR ROAD, KALAGI, TQ. KALAGI, DIST. KALABURAGI-585312, NOW R/O. PUNE MAHARASTRA STATE.

…PETITIONERS (BY SRI MAHANTESH H. DESAI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH KALABURAGI CITY WOMEN PS, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH KALABURAGI-585103.

2. AISHWARYA W/O SHASHIKANT KALASHETTY, AGE:23 YEARS, OCC: HOUSEHOLD, R/O. KALAGI, TQ. KALAGI, DIST. KALABURAGI, NOW AT R/O. SAMATA COLONY, KALABURAGI-585103.

…RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1;

SRI RAJESH G. DODDAMANI, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD) U/SEC

528 OF BNSS, PRAYING TO, ALLOW THE PETITION BY SETTING ASIDE THE ORDER DATED 07.08.2024 PASSED BY THE HON'BLE COURT OF I ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI IN C.C NO.9715/2024 (CRIME NO.1/2024 OF KALABURAGI CITY WOMEN P.S) TAKING THE COGNIZANCE OF THE OFFENCE PUNISHABLE U/SEC 498A, 323, 504 R/W 34 IPC AND SEC 3 AND 4 OF DP ACT AGAINST THE PETITIONERS AND QUASH FURTHER CRIMINAL PROCEEDING INITIATED AGAINST THEM.

THIS PETITION COMING ON FOR FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)

This petition is filed by accused Nos.2 to 5 seeking to set aside the order dated 07.08.2024, passed by the Court of I Additional Civil Judge and JMFC, Kalaburagi in C.C.No.9715/2024 arising out of Crime No.1/2024 of Kalaburagi City Women police station, Kalaburagi, registered for the offences punishable under Sections 498-A, 323, 504 read with Section 34 of IPC and Sections

3 and 4 of the Dowry Prohibition Act.

2. It is the case of the prosecution that respondent No.2 married with accused No.1 – Shashikant Kalashetty on 01.12.2019. It is stated that, at the time of marriage, dowry was given in the form of gold, silver and other articles. She led her married life happily for a period of two weeks and thereafter, on 15.12.2019 onwards, the husband of respondent No.2/complainant used to sale the gold articles, which were given to him at the time of marriage for the purpose of consuming alcohol. The respondent No.2 even bring the same to the notice of her in-laws, they did not bother to advice their son instead they scolded her that she should bring additional dowry in the form of cash. She made certain allegations against her in-laws that they were demanding additional dowry in the form of cash. In spite of repeated panchayats held to advice her in-laws and husband, they did not mend their way. She was also ill-treated in her matrimonial home for one or the other reason. Hence, she lodged a complaint against all the family members of accused No.1 on 04.01.2024 before the respondent – police. The respondent – police after conducting the investigation filed charge sheet.

3. Heard Sri Mahantesh H. Desai for the petitioners, learned High Court Government Pleader Sri Gopal Krishna Yadav for respondent No.1 and learned counsel Sri Rajesh G. Doddamani for respondent No.2.

4. The learned counsel for the petitioners submitted that registration of the complaint by respondent No.2 is illegal and even there are allegations made against the petitioners, the same are omnibus in nature. The petitioners have been roped in the case only to harass them and for the purpose of extracting money.

5. It is further submitted that the petitioners are re