- 1 - NC: 2025:KHC:17517 CRL.P No. 4698 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4698 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI D N HARISH S/O SRI NARASAPPA H, AGED ABOUT 37 YEARS, RESIDENT OF DODDAHALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT 563125 …PETITIONER (BY SRI. G M SRINIVASAREDDY.,ADVOCATE) AND: 1. STATE OF KARNATAKA R/BY CHINTAMANI RURAL POLICE STATION CHIKKABALLAPURA DISTRICT, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001. 2. SRI SEENAPPA S/O MUNIVENKATAPPA AGED ABOUT 50 YEARS, RESIDENT OF DODDAHALLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT 563125 (FATHER OF THE VICTIM) …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; R2-SEENAPPA(PARTY IN PERSON) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTRE PROCEEDINGS IN Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17517 CRL.P No. 4698 of 2025 SPL.S.C. NO.143 OF 2023 REGISTERED BY CHINTAMANI RURAL POLICE STATION, FOR OFFENCES PUNISHABLE UNDER SECTIONS 363, 376(2)(n) 506 OF INDIAN PENAL CODE READ WITH SECTION 6, 8, 5(J) (II), 5(n) OF POCSO) ACT, 2012, PENDING ON THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL COURT-I(POCSO), CHIKKABALLAPURA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner who is facing trial for offence punishable under Sections 363, 376(2)(n), 506 of Indian Penal Code read with Sections 6, 8, 5(J) (II), 5(n) of Protection of Children from Sexual Offences, Act, 2012 is before this Court seeking relief. 2. The case of the prosecution is that the survivor is the relative of the accused and six months prior from the date of the First Information Report (FIR), the accused fully knowing that the survivor was 16 years (minor) stating that he is in love with her has committed forcible sexual intercourse on two to three occasions, due to which, she conceived. The survivor was examined as P.W.1 and in her examination-in-chief she turned hostile and she was treated as hostile as nothing was elucidated in her further examination to prove the case of the prosecution. 3. The prosecution has produced the test report dated 8.10.2024 issued by the State Forensic Science Laboratory, Madiwala, Bengaluru, along with the charge sheet. Perusal of - 3 - NC: 2025:KHC:17517 CRL.P No. 4698 of 2025 the test report indicated that the DNA profile results of foetus sent is not matching with DNA profile results of petitioner. The prosecution has failed to establish that the survivor conceived due to the forcible sexual intercourse by the petitioner, and in the absence of substantive evidence to establish that the petitioner has committed forcible sexual intercourse against the survivor, due to which she conceived, the continuation of the criminal proceedings would be an abuse of the process of law. The petitioner is in judicial custody since 16.10.2023 and in the absence of any material to substantiate that the petitioner has committed forcible sexual intercourse, the continuation of the examination of other witnesses would be erroneous and probability of conviction of the petitioner for the aforesaid offence in the absence of any medical evidence is much less since, the testimony of the survivor has turned hostile. In such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law. 4. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. ii. The impugned proceedings in Spl.S.C.No.143/2023 on the file of the Additional District and Sessions Judge, Fast Tract Special Court-I, Chikkaballapura, insofar it relates to the petitioner herein is hereby quashed. iii) The Superintendent, District Prison, Chikkaballapura, is hereby directed to release the petitioner - 4 - NC: 2025:KHC:17517 CRL.P No. 4698 of 2025 forthwith without any delay and immediately upon a receipt of copy of this order if he is not required for any other cases, if any. iv) The Registry is directed to communicate this order to the Jail Authorities concerned forthwith without any delay through e-mail and telephonically. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 195