- 1 - NC: 2025:KHC:3527 CRL.P No.10262 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO.10262 OF 2022 BETWEEN: SANGEETHA PRAKASH W/O PRAKASH AGED ABOUT 43 YEARS, R/AT NO.306, 3RD FLOOR, 29TH MAIN, P.P LAYOUT, UTTARAHALLI, BENGALURU - 560 061. …PETITIONER (BY SRI. CHANDRASHEKAR, ADVOCATE) AND: 1. HITENDRA M.S. AGED ABOUT 51 YEARS, WORKING AS A POLICE INSPECTOR, J.B. NAGAR POLICE STATION, BENGALURU CITY, BENGALURU - 560 075. 2. THE STATE OF KARNATAKA BY H.A.L. POLICE STATION, BENGALURU CITY, BENGALURU - 560 008. REP. BY S.P.P., HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R2; RESPONDENT NO.1 - SERVED AND UNREPRESENTED) Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:3527 CRL.P No.10262 of 2022 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE CHARGE SHEET IN CRIME NO.71/2016 OF H.A.L. POLICE STATION, BENGALURU, AND PROCEEDINGS RELATING TO THE C.C.NO.52988/2016 PENDING ON THE FILE OF THE COURT OF XXIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYOHALL, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 419, 420, 465, 466, 468, 471, 474 AND 120B READ WITH SECTION 34 OF THE INDIAN PENAL CODE AND SECTION 12(1)(b) OF THE PASSPORTS ACT, 19671 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M.G. UMA ORAL ORDER The petitioner being accused No.1 is seeking to quash the criminal proceedings initiated against her in Crime No.71/2016 of H.A.L. Police Station, Bengaluru pending in C.C. No. 52988/2016 on the file of the learned XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru for the offences punishable under Sections 419, 420, 465, 466, 468, 471, 474 and 120B read with section 34 of the Indian Penal Code (for short, the 'IPC') and Section 12(1)(b) of the Passports Act, 1967. - 3 - NC: 2025:KHC:3527 CRL.P No.10262 of 2022 2. Brief facts of the case are that the Inspector of Police, J.B. Nagar Police Station, Bengaluru lodged F.I.R. with H.A.L. Police Station, Bengaluru alleging human trafficking against the petitioner and twelve others. Accordingly, Crime No.71/2016 came to be registered and investigation was undertaken. After, investigation, the charge sheet came to be filed for the aforesaid offences by dropping the offences under Sections 363 and 370 of IPC. 3. Heard Sri. Chandrashekar, learned counsel for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader for respondent No.2. Perused the material on record. 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against her?" - 4 - NC: 2025:KHC:3527 CRL.P No.10262 of 2022 My answer to the above point is in ‘Negative’ for the following: R E A S O N S 5. The petitioner is arraigned as accused No.1, and the charge sheet came to be filed against nine accused for the offences punishable under Sections 419, 420, 465, 466, 468, 471, 474 and 120B read with section 34 of IPC and Section 12(1)(b) of the Passports Act, 1967. It is alleged that accused Nos.7 and 8 were illegally residing at United States of America and they wanted to get their children i.e., Son- Urmil, aged about 14 years and Daughter-Anisha, aged about 12 years to the United States of America and for this purpose, they have contacted accused No.6, who is the agent at Gujarat. In turn, accused No.6 conspired with accused Nos.1 to 5 with an intention to earn money illegally, and has concocted and fabricated the fake passports. Accused No.1 impersonated herself as the mother of the children, forged the signatures in order to travel to United States of America along with the children and she handed over the children to their parents who are accused Nos.7 and 8 and then returned back to India. During investigation, fake - 5 - NC: 2025:KHC:3527 CRL.P No.10262 of 2022 passports pertaining to the children were recovered at the instance of accused No.1 at her house under P.F. No.20/2016. The photographs of the accused No.1 taken with the children were also seized. The prosecution has cited as many as 31 witnesses. There are strong prima facie materials against the petitioner, who physically trafficked the children illegally on the basis of concocted, fabricated and forged documents. 6. Learned counsel for the petitioner placed reliance on order dated 18th June, 2024 passed in Criminal Petition No.5272/2024 by the Co-ordinate Bench of this Court. In the said order, Criminal Proceedings initiated against the petitioner therein reveals that the allegations are entirely different. Moreover, there are strong prima facie materials against the petitioner herein to constitute the offence. 7. In view of the above, I am of the opinion that the petitioner is not entitled for grant of any relief of quashing the criminal proceedings initiated against her. - 6 - NC: 2025:KHC:3527 CRL.P No.10262 of 2022 8. Accordingly, I answer the above point in the Negative and proceed to pass the following: ORDER The petition is dismissed. In view of disposal of the main petition, pending IA.1/2022 stands disposed of. SD/- (M G UMA) JUDGE ARK List No.: 2 Sl No.: 31