LAWS(SC)-2026-8-4

LOKESH B.H. Vs. STATE OF KARNATAKA

Decided On August 03, 2026
Lokesh B.H. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Leave Granted.

(2.) These appeals present a pertinent question as to whether a man who is in a live-in relationship can be prosecuted under Sec. 498A of the Indian Penal Code, 1860 [IPC]. This question arises at the instance of the appellant, Dr. Lokesh B.H., whose petition under Sec. 482 of the Code of Criminal Procedure, 1973 [CrPC] to quash the proceedings initiated by respondent no.2, (Smt. Theertha) being CC No. 28129 of 2023 and CC No. 630 of 2019 was rejected by the High Court of Karnataka at Bengaluru, in terms of common judgment and order dtd. 18/11/2025, in Criminal Petition Nos. 8134 of 2024 and 9412 of 2021.

(3.) The allegations are that the accused-appellant and respondent no. 2 were married as per Hindu customs and rituals on 17/10/2010 and since then were residing in Bengaluru. Come 2016, however, the marriage of the parties hit rocky waters leading up to the present appeal. A perusal of the record reveals that the dispute inter partes led to the filing of two complaints by respondent no.2, being Crime No. 383 of 2016 and Crime No. 450 of 2016. The former culminated in a charge-sheet [CC No. 630 of 2019] being filed before the III Additional Civil Judge (Junior Division) and JMFC, Shivamogga District, under Sec. 498A IPC. The latter resulted in charge-sheet [CC No. 28129 of 2023] under Ss. 498A, 504, 506, 307,494 and 149 of the IPC, along with Ss. 3 and 4 of the Dowry Prohibition Act, 1961 5 before the XXIV Additional Chief Metropolitan Magistrate, Bengaluru.