Criminal Petition No. 8366 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 8366 OF 2022 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 4007 OF 2022 IN CRL.P NO. 8366/2022 BETWEEN: SRI PUNEETH KUMAR @ PUNEETH S/O ARMUGAM AGED ABOUT 26 YEARS RESIDING AT NO.04 NARAYANA PILLAI, SWEETS SAPLINGS ROAD, BHARATHI NAGAR, BENGALURU-562160. …PETITIONER Digitally signed by REKHA R Location: High Court of Karnataka (BY SRI. HANUMESH H N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAJI NAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE-560001 2. SHALINI A D/O AYOTHI AGED ABOUT 24 YEARS RESIDING AT NO.30, 1ST CROSS, SHIVAJI ROAD SHIVAJI NAGAR, BENGALURU-560051. (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; …RESPONDENTS - 2 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR R2 SERVED, UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS CRL.P BY SETTING ASIDE THE COGNIZANCE ORDER DATED 06.07.2022 PASSED BY THE LEARNED LXX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE, BANGALORE (CCH-71) SPL.C.NO.1628/2022 THEREBY ARRAIGNING THE PETITIONER AS ACCUSED NO.1 IN AFORESAID CASE FOR THE OFFENCE P/U/S 376,354-B,506 & 417 OF IPC R/W 34 OF IPC AND SEC.3(2)(v) AND SEC.3(1)(s) OF SC/ST (POA) ACT. 1989 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS THEREON. IN CRL.P NO. 4007/2022 BETWEEN: 1. ARMUGAM M S/O MUNIRATHNAM AGED ABOUT 58 YEARS RESIDING AT NO.12/1, QUEENS ROAD NEAR SPORTS LINE, SHIVAJINAGAR BENGALURU - 560051 2. VANAJA W/O ARMUGAM.M AGED ABOUT 50 YEARS RESIDING AT NO 12/1, QUEENS ROAD NEAR SPORTS LINE, SHIVAJINAGAR BENGALURU - 560051 3. VIJAY KUMAR S/O ARMUGAM M AGED ABOUT 28 YEARS RESIDING AT NO.12/1, QUEENS ROAD NEAR SPORTS LINE, - 3 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR SHIVAJINAGAR BENGALURU - 560051 ...PETITIONERS
Legal Reasoning
6. Accused No.1 has also approached this Court in Crl.P.No.8366/2022. In the meanwhile, the charge sheet came to be filed as against accused No.1 in Spl.C.No.1628/2022. Vide order dated 07.02.2023, the further proceedings in Spl.C.No.1628/2022 came to be stayed. 7. In support of the petition, accused Nos.2 to 4 have contended that they have nothing to do with the alleged offences which are false and fabricated. No specific role is attributed to them. Only to harass and humiliate - 8 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR and also to pressurize accused No.1, they are implicated. The allegations made are not believable. Even if the entire case of the prosecution is accepted as true, it does not attract the provisions for which complaint is filed. There is no prima facie material to connect these accused with the alleged crime. As a counterblast to the complaint filed by accused No.3 with Bhartinagar police against the complainant for blackmailing and threatening accused No.1 to force him to marry her, she has chosen to file a false complaint and also implicated them. 8. In support of his petition, accused No.1 has contended that the complaint is false and fabricated. There is no prima facie material to hold that accused No.1 is involved in the crime in question. There is inordinate delay of two years in filing the complaint. Both complainant and accused persons belong to Scheduled Caste and as such the alleged offences under the provisions of SC/ST (POA) Act are not attracted. Complainant is an educated individual with adequate intelligence and maturity to - 9 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR understand the significance and morality associated with maintaining sexual relationship with accused No.1. The relationship between them was consensual. Accused No.1 is also falsely implicated and sought for quashing the criminal proceedings against all the accused persons. 9. In support of his arguments learned counsel representing accused No.1 has relied upon the following decisions: (i) Pramod Suryabhan Pawar Vs. State of Maharashtra and Anr. (Pramod Suryabhan Pawar)1 (ii) Uday Vs. State of Karnataka (Uday)2 (iii) Joe Abraham Mathews Vs. State of Karnataka (Joe Abraham Mathews)3 (iv) Prathap H.G Vs. State of Karnataka (Prathap)4 (v) Amogh Wadeyar and Ors Vs. State of Karnataka (Amogh Wadeyar)5 (vi) X v. A and Ors. (X v)6
Arguments
(BY SRI. HANUMESH H N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SHIVAJINAGAR P S REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560001 2. SHALINI A D/O AYOTHI.A AGED 24 YEARS RESIDING AT NO.01, CORPORATION QUARTERS, PAYAPPA GARDEN, SHIVAJI ROAD SHIVAJINAGAR, BENGALURU - 560051 ...RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; R2 SERVED, UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THIS CRL.P BY SETTING ASIDE THE ORDER DATED 31.03.2022 AND 13.04.2022 PASSED BY THE LEARNED XXIX ACMM AT MAYO HALL, BENGALURU IN CR.NO.29/2022 AND CONSEQUENT TRANSFER OF THE CASE TO LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU CITY (CCH-70) THROUGH REQUISITION LETTER OF INVESTIGATION OFFICER DATED 30.03.2022 AND ANOTHER REQUISITION DATED 31.03.2022 THEREBY ARRAIGNING THE PETITIONERS AS ACCUSED IN AFORESAID CRIME FOR THE OFFENCE P/U/S 376,506 & - 4 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR 417 OF IPC R/W 3(2)(v) AND 3(1)(s) OF THE SC/ST (POA) ACT, 1989 AND CONSEQUENTLY. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI COMMON ORDER Petitioner in Crl.P.No.8366/2022 who is arraigned as accused No.1 and petitioners in Crl.P.No.4007/2022, who are arraigned as accused Nos.2 to 4 have filed these petitions under Section 482 Cr.P.C, with a prayer to quash criminal proceedings initiated against them for the offences punishable under Sections 376, 354-B, 506, 417 IPC r/w section 3(1)(s), 3(2)(v) of Scheduled Caste Scheduled Tribe Prevention of Atrocities act (for short 'SC/ST (POA) Act'). 2. For the sake of convenience, parties are referred to by their ranks before they trial Court. 3. On the basis of complaint filed by the prosecutrix, aged 24 years, Cr.No.29/2022 came to be - 5 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR registered against accused No.1 for the offences punishable under Section 376 506 and 417 IPC. It is alleged in the complaint that from 2011 to 2016 prosecutrix along with her family members and accused No.1 were staying in the same building. She was in friendship with accused No.1. During 2019, accused No.1 expressed his love to the prosecutrix and proposed to her and insisted to marry her. However, she refused the proposal saying that they belong to different caste and their parents may not agree and they would continue to be good friends. 3.1 Thereafter for one year, they continue to be good friends. After her family members came to know about this, they vacated the said house and shifted to Papanna garden area. In this background on 28.05.2020, accused No.1 came to her house under the guise of wishing her on birthday. She was alone in the house and he insisted on her to marry him. When she did not agree, he forcefully took her to the bedroom and raped her - 6 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR against her will. When she cried, he promised to marry her and left. This was repeated several times. When her parents came to know about it, they bet her and started looking for an alliance for her. She brought this fact to the notice of accused No.1 and requested him to marry her. He refused and gave threat of killing her and committing suicide. 4. Based on the complaint, case came to be registered against accused No.1. During investigation, accused No.1 was arrested. Both prosecutrix and accused No.1 were subjected to medical examination. According to the prosecution on 27.03.2022, prosecutrix has given further statement before the investigating officer stating that on 19.03.2022 at 4.30 p.m, accused Nos.2 to 4 came to the house of grandmother of prosecutrix and accused No.1 said that he belong to higher caste - Vaniyan Goudar and she belong to schedule caste (Aadi Dravida) which is a lower caste and that he is not going to marry her and they can do whatever they want and that they are having - 7 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR political influence and went away. On the basis of this further statement, the investigating officer has implicated accused Nos.2 to 4. They secured bail. 5. Accused Nos.2 to 4 have filed Crl.P.No.4007/2022 and vide order dated 30.05.2022 secured stay of further proceedings so far as they are concerned.
Decision
ORDER (i) Crl.P.No.8366/2022 filed by the petitioner/accused No.1 Crl.P.No.4007/2022 filed and by petitioners/accused Nos.2 to 4 under Section 482 Cr.P.C are hereby allowed. (ii) The impugned order dated 06.07.2022 in Spl.C.No.1628/2022 on the file of LXX Addl.City Civil and Sessions Judge and Spl.Judge, Bengaluru (CCH-71) is hereby quashed. (iii) The impugned order dated 31.03.2022 and 13.04.2022 in Cr.No.29/2022 on the file of - 17 - NC: 2025:KHC:19535 CRL.P No. 8366 of 2022 C/W CRL.P No. 4007 of 2022 HC-KAR XXIX ACMM, Mayohall, Bengaluru and consequent transfer of the case to LXX Addl.City Civil and Sessions Judge and Spl.Judge, Bengaluru (CCH-70) is set aside. (iv) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 44