Gopal Atmaram Naidu vs State of Karnataka - Criminal Petition

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 6, Cited by 0 ] ### Karnataka High Court

Gopal Atmaram Naidu vs The State Of Karnataka on 18 March, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

-1-
NC: 2026:KHC-D:4313
CRL.P No. 103127 of 2023

                   HC-KAR

                          IN THE HIGH COURT OF KARNATAKA AT DHARWAD
                             DATED THIS THE 18TH DAY OF MARCH, 2026
                                             BEFORE
                       THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                              CRIMINAL PETITION NO.103127 OF 2023
                                    (482([Cr.PC](https://indiankanoon.org/doc/445276/))/528(BNSS))

                  BETWEEN:

                  GOPAL ATMARAM NAIDU
                  AGE: 39 YEARS, OCC: PRIVATE SERVICE,
                  R/O. 139, HOSAGADDE, SHETGERI,
                  TQ: ANKOLA, DIST: UTTARA KANNADA-581 353.
                                                                      ...PETITIONER
                  (BY SRI. PRANAV BADAGI, ADVOCATE FOR
                  SIR. R.H.ANGADI, ADVOCATE)

                  AND:

                  1.    THE STATE OF KARNATAKA
                        (ANKOLA POLICE STATION),
                        REPRESENTED BY

VISHAL THE STATE PUBLIC PROSECUTOR,
NINGAPPA HIGH COURT OF KARNATAKA,
PATTIHAL DHARWAD BENCH DHARWAD-580 011.
Digitally signed by
VISHAL NINGAPPA 2. SMT. MANJULA W/O. GOPAL NAIDU
PATTIHAL
Location: HIGH AGE: 33 YEARS, OCC: HOUSEHOLD,
COURT OF
KARNATAKA R/O. NAGINKERI, MALAGI, TQ: MUNDGOD,
DHARWAD BENCH
DIST: UTTARA KANNADA-581 346.
...RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP FOR R1)

                        THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                  CR.P.C., 1973 PRAYING TO QUASH THE ENTIRE CRIMINAL
                  PROCEEDINGS PENDING AGAINST THE PETITIONER WHO IS ARRAYED
                  AS ACCUSED NO.1 IN SPECIAL CASE NO. 56/2021 ON THE FILE OF II
                  ADDITIONAL DISTRICT AND SESSIONS JUDGE UTTARA KANNADA
                  KARWAR IN ANKOLA P.S. CRIME NO.41/2021 FOR THE OFFENCES
                  P/U/S 323,504,498(A) R/W SECTION 34 [IPC](https://indiankanoon.org/doc/1569253/) AND U/SEC 3(1) (r) (s)
                  (2) (va) OF SC/ST POA ACT AND CONSEQUENTLY THE ENTIRE
                  CRIMINAL PROCEEDINGS BE QUASHED; AND ETC.
                              -2-
                                        NC: 2026:KHC-D:4313
                                   CRL.P No. 103127 of 2023

HC-KAR

  THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                     ORAL ORDER This petition is filed by accused No.1 under [Section 482](https://indiankanoon.org/doc/1679850/) of Cr.P.C praying to quash the proceedings in Special Case

No.56/2021 pending on the file of II-Additional District and

Sessions Judge, Uttar Kannada, Karwar, arising out of Crime

No.41/2021 of Ankola Police Station registered for offences

punishable under Sections 498(A), 323, 504 and 506 R/w. Section 34 of IPC and Sections 3(1)(r)(s)(2)(va) of Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities Act) 1989

[for short 'SC/ST (POA) Act'].

1. Heard learned counsel for the petitioner, the

learned counsel for respondent No.2 and learned High Court

Government Pleader for respondent No.1-State.

1. Learned counsel for the petitioner would contend

that the allegations made in the complaint against the

petitioner-accused No.1 are omnibus. It is alleged that the

assault is made on 27.03.2015 by the petitioner is not been -3- NC: 2026:KHC-D:4313 CRL.P No. 103127 of 2023 HC-KAR

stated in the complaint. The complainant left the house of the

petitioner during March-2015 and thereafter, she pursued her

higher education. The entire charge sheet does not make out

a case against the petitioner. There is a delay in filing the

complaint, the alleged assault is made on 27.03.2015 and

complaint has been filed on 08.02.2021. On these grounds,

he prays for quashing the proceedings.

1. Per contra, learned High Court Government Pleader

for respondent No.1-State and the learned counsel for

respondent No.2-complainant submit that the charge sheet

material shows prima facie case against the petitioner for the

offences alleged against him. As per the charge sheet, there is

a specific allegation against the petitioner assaulting the

complainant on 27.03.2015 and that is supported by the

medical certificate issued by the Primary Health Centre,

Kodati of Bengaluru East Taluk, Bengaluru. There are eye-

witnesses to the incident and they are cited as CWs.6 to 11.

Hence, there is a prima facie case made out against the -4- NC: 2026:KHC-D:4313 CRL.P No. 103127 of 2023 HC-KAR

petitioner and there are no grounds for quashing the

proceedings.

1. Having heard the learned counsels, this Court has

perused the charge sheet averments and perused the material

on record.

1. The petitioner is the husband of the complainant

and their marriage has been taken place on 31.08.2014. As

per the charge sheet averments, it is alleged that accused

No.2 used to abuse the complainant stating that she did not

know to do house hold works properly and the dog will also

not eat the food cooked by her. There is an allegation in the

column No.17 of the charge sheet that the petitioner-accused

No.1 has assaulted the complainant on 27.03.2015 at about

11:00 PM and the complainant has taken treatment at

Primary Health Centre, Kodati. The medical certificate issued

by Primary Health Centre, Kodati indicates that, in the history

it is mentioned that the complainant has been assaulted by

her husband Gopal Atmaram Naidu on 27.03.2015 at 11:00

PM and there are four injuries noted. The statement of the -5- NC: 2026:KHC-D:4313 CRL.P No. 103127 of 2023 HC-KAR

complainant has also been recorded under Section 164 of

Cr.P.C by the Magistrate. In the said statement also, the

complainant has alleged that the petitioner-accused No.1

used to harass her physically and mentally everyday. Even in

the said statement, she has stated that she has filed

complaint before the Police and her husband has executed a

bond with an undertaking that he will not harass or abuse his

wife.

1. On perusal of the charge sheet, CWs.6 to 11 are

cited as eye-witnesses. Merely because there is a delay in

filing the complaint, is not a ground to quash the proceedings.

If there are any grounds, the petitioner is at liberty to move

the trial Court seeking discharge.

1. Considering the above, there are no grounds for

quashing the proceedings. In the result, the petition is

dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)
JUDGE
PJ/CT:VH/List No.: 1 Sl No.: 9