Criminal Petition No. 5552 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5552 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: ASAI S/O RAMALINGAM, AGED ABOUT 26 YEARS, R/A NO.213, 2ND FLOOR, VIVEKANDHA VASATHI SANKERNA 2ND STAGE, J P NAGARA, BENGALURU-560078. …PETITIONER (BY SRI. RAJASHEKARA R V.,ADVOCATE) AND: 1. STATE OF KARNATAKA, BY J P NAGARA POLICE, BANGALORE-560078, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001. 2. LAKSHMI W/O KARUNANIDHI, AGED ABOUT 58 YEARS, R/A NO.367, 2ND FLOOR, VIVEKANANDHA APARTMENT, BEHIND MACEDE, J P NAGARA 2ND STAGE,. BENGALURU-560078. (BY SRI. RASHMI PATEL., HCGP FOR R1; R2 IS SERVED) …RESPONDENTS
Legal Reasoning
Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 THE ENTIRE PROCEEDINGS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH IN SPL.C.C.NO.2193/2021 ANNEXURE-A ON THE FILE OF ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, FTSC-III, THE BENGALURU WHICH PETITIONER/ACCUSED NO.1 FOR THE OFFENCE P/U/S 341, 376(2)(g), 307, 120(B) R/W 34 OF IPC AND SECTION 5(g), 6 9(g), 10 OF POCSO ACT, 2012. IS REGISTERED AGAINST PENDING THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 482 of Cr.P.C., is preferred to quash the entire proceedings pending against the petitioner in Spl.C.C.No.2193/2021 on the file of the Court of Additional City Civil and Sessions Judge, Fast Tract Special Court-III, Bengaluru. 2. Heard the learned counsel for the petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. J.P.Nagar Police in Crime No.392/2015 have filed charge sheet against accused Nos.1 to 5 for offences punishable under Section 341, 376(2)(g), 307, 120-B read with - 3 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 Section 34 of IPC and Section 5(g) read with Section 6 and 9(g) read with Section 10 of the POCSO Act, 2012. 4. It is the case of prosecution that on 17.06.2015, at about 06:30 p.m., when the victim girl was proceedings near 4th Main Road, KSRTC Layout, J.P.Nagar, II Stage, accused Nos.1 to 3 wrongfully restrained her and by closing her mouth, dragged her to Ragigudda slum, wherein accused Nos.4 and 5 were also present and all of them took her to the 4th floor of a building under construction and accused Nos.1 to 3 committed forcible penetrative sexual assault on her. Thereafter, with an intention to commit murder, they tried to hit her with a hollow brick. 5. Petitioner is arraigned as accused No.1. The allegations against accused Nos.1 to 5 and the materials relied by the prosecution to file charge sheet against all the accused are one and the same. During the pendency of the case, accused No.1 remained absent and therefore, case against him was split up and a separate case was registered in Spl.C.No.2193/2021. Trial was held against accused Nos.2 to 5 in Spl.C.C.No.418/2015. - 4 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 6. The learned Sessions Judge after a full fledged trial has acquitted accused Nos.2 to 5 vide judgment dated 06.07.2022, passed in Spl.C.C.No.418/2015. It is relevant to extract paragraph Nos.12 and 14 of the said judgment. 12. The prosecution got examined victim girl who herself lodged the first information against the accused persons before the police CW-1 as PW-1. This witness except deposing the fact that CW-3 is her mother, CW-2 her grandmother and her date of birth is 13/10/2001 and she studied at ICFAI Republic School till 5th Standard has not supported the case of prosecution with respect of alleged incident. She deposed that accused are stranger to her and she has not lodged any first information against this accused persons before the police. She deposed that police officials have obtained her signatures on 3-4 documents at police station and she without knowing the contents of the documents made her signatures. Even victim girl got identified her signatures found on the first information lodged before the police marked as per Ex.P.1 and on her signature marked as per Ex.P.1(a) and likewise the spot mahazar marked as per Ex.P.2 and her signature marked as per Ex.P.2(a), the medical examination report marked as per Ex.P.3 and her signature Ex.P.3(a) as well as statement recorded by - 5 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 the Magistrate U/Sec.164 of Cr.P.C. marked as per Ex.P.4 and her signature marked as per Ex.P.4(a) has deposed that she has made her signature to all these documents at police station without knowing the contents of the documents. She deposed that she has not given any statement against persons that they have forcibly dragged her to a under-construction building and against to her consent have committed the sexual assault on her by committing sexual intercourse on her. As this witness totally turned hostile to the case of prosecution, learned public prosecutor treated PW-1 as hostile witness and after taking permission of the court cross examined her. 14. Prosecution got examined the grand mother of the victim girl CW-2 as PW2 and also mother of the victim girl CW-3 as PW-3 respectively. Even both these witnesses except adducing fact that CW-1 is grand daughter of PW-2 and daughter of PW-3 and her date of birth is 13/10/2001 have not supported the case of prosecution. Both these witnesses have deposed that accused are stranger to them and they have identified the accused earlier and even they have not given statement against the accused persons before the IO. They deposed that accused have not committed any sexual assault on victim girl PW-1. As both PW-2 and PW-3 have totally turned hostile to the case of prosecution, learned public - 6 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 prosecutor treated PW-2 and PW-3 as hostile witness and after taking permission of the court cross examined them. Both PW-2 and PW-3 in their cross- examination have denied the suggestion made to them and denied the suggestion that on 17/6/2015 when CW-1 was residing along with PW-2 at her house at about 6.30pm was going to a shop to bring biscuit and at that point of time, accused No.1 by closing her mouth with hands has forcibly taken her in a scooter belonged to accused No.1 and with the assistant of accused No.1 dragged her to a newly under-construction building. Both these witnesses have denied the suggestion that accused No.3 to 5 have also colluded with accused No.1 and 2 and they by making conspiracy have forcibly dragged the victim girl to a under-construction building and at point of time, they have forcibly committed sexual assault on the victim girl. Both these witnesses have denied the suggestion that after heard the incident from PW-1 have given their statement before the IO as per Ex.P.6 and Ex.P.7 respectively. PW-3 further denied the suggestion that she also assisted for panchnama and made her signature to Ex.P.7 spot mahazar on 18/6/2015 at about 7.15 am. She denied the suggestion that in her presence victim girl got produced Chudidhar, duppata and bottom from the place of incident at the time of drawing of mahazar and all these cloths were seized by the IO - 7 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 by drawing mahazar as per Ex.P.7. She denied the suggestion that she assisted for panchanama and made her signature on Ex.P.7. Both these witnesses have denied the suggestion that they have aware of the incident took place against the PW-1 and after they heard the incident from PW-1 they have given their statement before the IO, but however, with an intention to help the accused persons they are deposing falsely before the court. As I have discussed supra, even PW-2 and PW-3 have totally turned hostile to the case of prosecution and nothing fruitful has been elicited from their mouth by the prosecution after treating them as hostile witnesses and even after cross- examining them prosecution has failed to elicit anything from the mouth of PW-1 to PW-3 to believe the incident and also to believe that these witnesses have intentionally giving false evidence before this court, even though incident was took place against PW-1 on 17/6/2015. 7. The prosecution got examined 4 witnesses and got marked 12 documents before the Trial to establish the guilt of accused Nos.2 to 5 in Spl.C.C.No.418/2015. The material witnesses including the victim have turned hostile to the prosecution case. The judgment of acquittal passed in respect of accused Nos.2 to 5 has become final as there is no challenge - 8 - NC: 2025:KHC:13087 CRL.P No. 5552 of 2023 to the same. The evidence which the prosecution is intending to lead against the present petitioner is not different from the one which was led in Spl.C.C.No.418/2015. In that view of the matter, continuation of proceedings against the petitioner will be a futile exercise and no purpose will be served. Hence, the following:-
Decision
ORDER i) Petition is allowed. ii) Entire proceedings in Spl.C.C.No.2193/2021 on the file of the Additional City Civil and Sessions Judge, Fast Track Special Court-III, Bengaluru, against the petitioner are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 3