Criminal Petition No. 4213 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.4213 OF 2025 C/W CRIMINAL PETITION NO.4286 OF 2025 Digitally signed by LAKSHMI T Location: High Court of Karnataka IN CRL.P No. 4213/2025: BETWEEN: 1. ESABAI @ VIJYALAKSHMI W/O GUNDAPPA AGED ABOUT 46 YEARS SHAHABAD MAIN ROAD NEAR BASAVEWSHWARA TEMPLE THONASINAHALLI VILLAGE CHITHAPUR TALUK GULBARGA DISTRICT-585228. 2. GURUBAI W/O MAHANANDAKUMAR ARALI AGED ABOUT 25 YEARS THONASINAHALLI VILLAGE SHABHAD TALUK GULBARGA DISTRICT-585228.
Legal Reasoning
(BY SRI. MANJUNATH M.R. ADV.,) AND: 1. THE STATE OF KARNATAKA BY BAGALAGUNTE P.S. BENGALURU …PETITIONERS - 2 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560001. 2. SMT. SAVITHA @ JANABHAI W/O SHRISHAILA AGED ABOUT 34 YEARS ASANGIHALA VILLAGE ALAMEL TALUK VIJAYAPURA DIST-586202. (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SRI. CHANDRASHEKARA, ADV., FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 OF CR.P.C. (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPLIT UP CASE SPL.CC.NO.21/2025, FOR THE OFFENCE P/U/S 9 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, SEC. 108, 3(5) & 352 OF BNS, 2023, AGAINST THE PETITIONER NO.1/ACCUSED NO.3. AND SEC. 9 AND 11 OF CHILD MARRIAGE RESTRAINT ACT, SEC. 3(5) & 352 OF BNS, 2023, AGAINST THE PETITIONER BY BAGALAKUNTE P.S. BENGALURU, IN CR.NO.270/2024 PENDING ON THE FILE OF THE FTSC-II, BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY. NO.2/ACCUSED REGISTERED NO.4, IN CRL.P NO. 4286/2025: BETWEEN: 1. BHAGANNA S/O GUNDAPPA JEVALGI AGED ABOUT 22 YEARS R/AT NO.69, VENKATESHWARA NILAYA 5TH CROSS, MANJUNATHANAGARA BAGALAGUNTE, BANGALORE-560073. 2. GUNDAPPA S/O LATE BASANNA AGED ABOUT 57 YEARS R/AT NO.5TH CROSS - 3 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 NEAR VIJASHREE SCHOOL MANJUNATHANAGARA BANGALORE-560073. 3. MALLANNA S/O GUNDAPPA JEVALGI AGED ABOUT 29 YEARS R/AT NO.5TH CROSS NEAR VIJAYASHREE SCHOOL MANJUNATHANAGARA BANGALORE-560073. ALL ARE ERMANENT R/AT. THONASINAHALLI VILLAGE SHABHAD TALUK GULBARGA DIST-585228. (BY SRI. MANJUNATH M.R. ADV.,) AND: 1. THE STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001. 2. SMT. SAVITHA @ JANABHAI W/O SHRISHYLA AGED ABOUT 34 YEARS ASANGIHALA VILLAGE ALAMEL TALUK VIJAYAPURA DIST-586202. ...PETITIONERS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SRI. CHANDRASHEKARA, ADV., FOR R2) ...RESPONDENTS - 4 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 PRAYING TO QUASH THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) ENTIRE PROCEEDINGS IN SPL.C.C.NO.1925/2024 FOR AN OFFENCE P/U/S 108, 65, 352, 3(5) OF BNS 2023 AND SEC.5(L), 6 OF POCSO ACT-2012 AND SEC.9 & 11 OF CHILD MARRIAGE RESTRAINT ACT REGISTERED BY BAGALAGUNTE P.S. BENGALURU PENDING ON THE FILE OF THE FTSC-II AT BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY. THE THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned High Court Government Pleader (HCGP) accepts notice on behalf of respondent No.1 in both these petitions. 2. The petitioners in these petitions, who are facing trial for offences punishable under Sections 108, 65, 352, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023; Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012; and Sections 9 and 11 of the Child Marriage Restraint Act, are before this Court seeking reliefs. 3. The mother of the victim, i.e., respondent No.2 in these petitions, filed a complaint stating that the victim is her daughter, a minor, who came into contact with - 5 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 accused No.1 and was in a romantic relationship with him. Fully aware that the victim was a minor, accused Nos.2 to 4 who are the father, brother, mother, and sister of accused No.1—facilitated and solemnized the marriage between accused No.1 and the victim. It is further alleged that after the marriage, accused No.1 committed forcible sexual intercourse with the victim. 4. The parties are present before this Court and have filed an application seeking compounding of the offences, stating that all the material charge sheet witnesses before the Trial Court have turned hostile and have not supported the prosecution’s case. The witnesses were declared hostile, and nothing substantial was elicited in their cross- examination to support the allegations against the petitioners-accused. The victim/survivor, who is presently aged about 22 years, has stated that her marriage with accused No.1 was solemnized voluntarily, without any coercion or undue influence, and that she is presently leading a cordial marital life with accused No.1. She has further deposed that she is solely dependent on petitioner/accused No.1 for her day-to-day needs, and that subjecting the petitioners to trial would only result in incarceration, causing more misery and agony, rather than securing the ends of justice. - 6 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 5. The trial has already commenced, and all the charge sheet witnesses have been examined by the prosecution. A perusal of the testimonies of the complainant and the victim indicates that they have not supported the prosecution’s case, and nothing was brought out during cross-examination to establish the allegations. The survivor, who is currently 22 years old, continues to lead a cordial marital life with accused No.1 and is solely dependent on him to meet her daily needs. 6. The object of the POCSO Act is to protect minors from sexual abuse, not to criminalize consensual relationships between adolescents who engage in sexual intercourse without awareness of the legal consequences. In the present case, the petitioner and the survivor come from a lower socio-economic background with limited access to information and knowledge, depriving them of an understanding of the legal consequences of their consensual relationship. Though sexual intercourse with a minor constitutes an offence under the POCSO Act, considering the peculiar facts and circumstances of this case, quashing the proceedings would serve the ends of justice, as their continuation would result in miscarriage of justice to the survivor. - 7 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 7. In such circumstances, the continuation of criminal proceedings would be an abuse of the process of law. Accordingly, the petitions are allowed, and the impugned proceedings in Spl.CC.No.21/2025 and Spl.CC.No.1925/2024 on the file of Fast Track Special Court-II, Bengaluru, are hereby quashed. 8. The Jail Superintendent, Central Prison, Bengaluru, is hereby directed to release the petitioner-accused No.1 forthwith, if he is not required in any other case. 9. Registry is directed to communicate this order to the concerned Jail authorities forthwith without any delay through e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR List No.: 1 Sl No.: 187 - 8 - NC: 2025:KHC:14991 CRL.P No.4213 of 2025 C/W CRL.P No.4286 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [ESABAI @ VIJYALAKSHMI AND ANOTHER VS. THE STATE OF KARNATAKA BY AND ANOTHER] 02.05.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORDERS ON ‘FOR BEING SPOKEN TO’ Learned counsel for petitioners submits that the victim is no more. The said submission is placed on record. This order shall be read in conjunction with the order dated 08.04.2025. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 4 Sl No.: 245