Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5977 CRL.P No. 809 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 809 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SUSHMA D/O SANJEETH KUMAR AGE 34 YEARS, OCCN: SCIENCE TEACHER, MURARJI DESAI RESIDENTIAL SCHOOL, ANANDGIRI R/O BEGUVALLI VILLAGE-577 226, TQ THIRTHAHALLI, DIST SHIVAMOGGA. …PETITIONER (BY SRI. MAHESH KIRAN SHETTY S.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY THIRTHAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU BENCH - 560001
2. XXXX D/O CHANDRAKANTHA AGE 15 YEARS, OCCN: STUDENT, R/O MURARJI DESAI RESIDENTIAL SCHOOL, ANANDGIRI -580030, TQ THIRTHAHALLI, DIST SHIVAMOGGA, REPRESENTED BY HER NATURAL FATHER
CHANDRAKANTHA R/O HOSANTHE-HIREBILGUNJI -5 POST: NICHADI, TQ SAGAR,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:5977 CRL.P No. 809 of 2025
DIST: SHIVAMOGGA. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.NO. 378/2024 (THIRTHAHALLI PS CRIME NO. 193/2024) PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO), SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 75, 79, 3(5) OF BNS AND SECTION 12, 21 OF POCSO ACT IPC IN SO FAR AS PETITIONER HEREIN (ACCUSED NO. 3) IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER After arguing the matter for some time, the learned counsel for the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to seek discharge/file a discharge application along with the documents, which may be directed to be considered by the trial Court in accordance with law.
2. Submission is placed on record.
3. The petition stands disposed of reserving liberty in favour of the petitioner to seek discharge/file a discharge application along with documents, which shall be considered by the trial Court in accordance with law. It is made clear that this
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NC: 2025:KHC:5977 CRL.P No. 809 of 2025
permission granted by this Court in favour of the petitioner to produce documents along with the discharge application, is made in the peculiar/special facts and circumstances of the instant case and shall not be treated as a precedent nor shall carry any precedential value for any purpose whatsoever.
4. Subject to the aforesaid liberty granted in favour of the petitioner to seek discharge/file a discharge application along with documents, petition stands disposed of without expressing any opinion on the merits of the claim of the petitioner.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
RB