- 1 - NC: 2025:KHC:9707 CRL.P No. 7838 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7838 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: PUSHPA KUMARA @ PUSPA PRABHAKARA, S/O ARUN KUMAR, AGED ABOUT 42 YEARS, R/AT FLAT NO. 303, UNIC EMPORIUS APARTMENT, SORAHUNASE, VARTHURU HOBLI, BANGALORE - 560 066. …PETITIONER (BY SRI. M. SHARASS CHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WHITEFIELD POLICE STATION, (REPRESENTED BY SPP, HIGH COURT OF KARNATAKA) BENGALURU - 560 001. 2. SRI. MANJUNATH, S/O UNKNOWN, SENIOR LABOUR INSPECTOR, AGED ABOUT 46 YEARS, R/AT ROOM NO. 2B, GROUND FLOOR, KRAMIKA BHAVANA, BENGALURU CITY, KARNATAKA - 570 059. …RESPONDENTS (BY SRI. K. RAHUL RAI, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9707 CRL.P No. 7838 of 2023 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED IN C.C.NO.26585/2022 OF WHITEFIELD POLICE AT BENGALURU RURAL REGISTERED FOR OFFENCE P/U/S.14(a), 3(A) OF CHILD LABOUR (PROHIBITION AND REGULATION) AMENDMENT ACT 2016 AND U/S.374, 342 OF IPC WHICH IS PENDING ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ACJM) BENGALURU BENGALURU RURAL DISTRICT JUDGE AT BENGALURU RURAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER In this petition, petitioner is seeking to quash the proceedings in C.C.No.26585/2022 pending on the file of the Addl. Chief Judicial Magistrate, Bangalore Rural District, Bangalore. 2. FIR in Crime No.206/2022 of Whitefield Police Station, Bangalore, was registered against the petitioner on a complaint lodged by the Senior Labour Inspector, for offence punishable under Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, Section 14(a), - 3 - NC: 2025:KHC:9707 CRL.P No. 7838 of 2023 3(A) of Child Labour (Prohibition and Regulation) Amendment Act, 2016 and under Section 374, 342 of IPC. 3. Police have filed the charge sheet for the offence punishable under Section 14 (a), 3 (A) of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 and under Section 374, 342 of IPC. 4. It is alleged that, the petitioner has engaged a child aged 11 years as a domestic help in his house bearing Flat No.303 (Nil), 3rd floor, Unic Emporius Apartment, Surahunase Varthur Hobli, Bangalore. 5. During investigation, the statement of the child was recorded by the police as well as by the learned Magistrate. I have perused both the statements. The statements does not indicate that the child was engaged in the house of the petitioner as a domestic help or to do any such labour, which would attract the ingredients of the offences alleged. Child has stated that, she was not doing any work, on the other hand, she was playing with the - 4 - NC: 2025:KHC:9707 CRL.P No. 7838 of 2023 petitioner's son. In her statement recorded under Section 164 Cr.P.C before the learned Magistrate, she has stated that since her father was visiting Bangalore in the month of July, she too accompanied her father and since her mother was unwell, her father left her in the house of the petitioner and went to his village and she used to play in petitioner's house, watch TV and go to park etc., and play with his son. 6. Having carefully perused the entire material on record, I am of the considered view that, the victim's child was not employed or permitted to work in the house of the petitioner. Hence, continuation of criminal proceeding initiated against the petitioner is nothing but an abuse of process of the court. Accordingly, I pass the following; O R D E R a) Petition is allowed. b) The entire proceedings in C.C.No.26585/2022 pending on the file of the Court of Addl. Chief - 5 - NC: 2025:KHC:9707 CRL.P No. 7838 of 2023 Judicial Magistrate, Bangalore Rural District, Bangalore, against the petitioner, is hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 27 CT: BHK