- 1 - NC: 2025:KHC:16037 CRL.P No. 7199 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7199 OF 2022 BETWEEN: 1. MR. M. LOKESH S/O. MR. MUNIYAPPA AGED ABOUT 52 YEARS R/AT NO.75 BUDDHA NILAYA CHOWDAPPANAHALLI BOODIGERE POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT PIN - 562 129 …PETITIONER (BY SRI. I.S. PRAMOD CHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY DEVANAHALLI POLICE BANGALORE RURAL DISTRICT THROUGH THE STATE PUBLIC PROSECUTORS HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BANGALORE - 560 001 2. SMT. SUNANDA D/O. NARAYANAPPA W/O. MR. ASHWATH AGED 32 YEARS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:16037 CRL.P No. 7199 of 2022 R/OF HARALUR VILLAGE DEVANAHALLI TALUK BANGALORE RURAL DIST PIN - 562 114 …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1 SRI. M.R. BALAKRISHNA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 482 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. SET ASIDE THE ORDER DATED 17.06.2022 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN SPL.C.NO.472/2022 TAKING COGNIZANCE OF THE OFFENCES AGAINST THE PETITIONER- ACCUSED NO.4 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has preferred this petition under Section 482 of Cr.P.C. praying to quash the entire charge sheet in Spl.C.No.472/2022 pending on the file of the learned II - 3 - NC: 2025:KHC:16037 CRL.P No. 7199 of 2022 Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. 2. Heard both sides and perused the material on record. 3. FIR is registered in Crime No.48/2022 of Devanahalli Police Station, against 4 accused, on a complaint lodged by the victim for offences Punishable under Section 376, 504, 506 read with Section 34 of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (for short SC/ST (POA) Act)), 1989. 4. On completion of investigation, the police have filed charge sheet against two accused viz., accused Nos. 1 and 4 named in the FIR, for the offence punishable under Section 376, 504, 506 of IPC and Section 3(1)(r)(s)(w)(i)(ii), 3(2)(v) of the SC/ST(POA) Act. 5. It is the case of the prosecution that accused No.1 by enticing the victim belonging to Scheduled Caste, confined her in an apartment and against her wish, committed sexual intercourse with her and further by intimidating, received cash - 4 - NC: 2025:KHC:16037 CRL.P No. 7199 of 2022 from her and also abused her in filthy language insulting her caste etc. 6. Though the FIR was registered against 4 persons, charge sheet came to be filed against accused No.1 and the present petitioner, shown as accused No.4 in the FIR. The only allegation against the petitioner is that in the guise of compromising the matter, he told the victim that after getting divorce from her husband, he will look after her properly and also threatened her with dire consequences, if she lodged a complaint against accused No.1. 7. Learned counsel appearing for respondent No.2 has contended that in the statement of the victim recorded under Section 164 of Cr.P.C., she has stated that the petitioner was supporting accused No.1 and pestering her. 8. I have perused the statement of the victim recorded under Section 164 of Cr.P.C. The main allegations are against accused No.1. The only allegation against the petitioner is that, he was supporting accused No.1 and telling the victim that she should compromise the matter. In so far as the allegation of ill- treatment is concerned, it is not stated as to what was the - 5 - NC: 2025:KHC:16037 CRL.P No. 7199 of 2022 nature of ill-treatment meted out to the victim by the petitioner. Bald and vague allegations are made which, in the opinion of the Court, would not attract the ingredients of the offences alleged against him. Furthermore, it is not in dispute that the petitioner belongs to Scheduled Castes, as stated in the charge sheet. Hence, the offences under the provisions of the SC/ST (POA) Act, will not be applicable to the petitioner herein. 9. This Court is of the considered view that the ingredients of the offences now alleged against the petitioner are not made out. While filing charge sheet accused Nos.2 and 4 named in the FIR have been dropped. Hence, The proceedings pending against the petitioner/accused No.4 is an abuse of process of the Court and therefore, liable to be quashed. Accordingly, the following:- ORDER i) Petition is allowed. ii) The proceedings against the petitioner in Spl.C.NO.472/2022 pending on the file of the Court of II - 6 - NC: 2025:KHC:16037 CRL.P No. 7199 of 2022 Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru is quashed in so far as the petitioner is concerned. iii) The proceedings shall continue as against accused No.1, in accordance with law. iv) I.A.No.1/2024 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC CT-SG List No.: 1 Sl No.: 23