Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:14880 CRL.P No. 12528 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12528 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN:
GOWRISH B. SUGUR S/O BASAVARAJ AGED ABOUT 35 YEARS, R/A NO. 796/A, 1ST CROSS, 2ND BLOCK, BANASHANKARI 1ST STAGE, HANUMANTHA NAGAR, BENGALURU 19. …PETITIONER (BY SRI. M. E. MOHAN KUMAR., ADVOCATE) AND:
1.
THE STATION HOUSE OFFICER PUTTENAHALLI POLICE STATION BANGALORE DISTRICT
REP. BY PUBLIC PROSECTOR HIGHCOURT OF KARNATAKA BANGALORE.
2.
LATHA L, C/O DHARMARAJ S.K AGED ABOUT 32 YEARS NO. 166/B, 1ST CROSS, R.S. PALYA, BENGALURU 33. …RESPONDENTS (BY MS. ASMA KOUSER., ADDL. SPP FOR R1;
Digitally signed by LAKSHMI T Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:14880 CRL.P No. 12528 of 2022
SRI. K. B. K. SWAMY., ADV. FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET FILED BY THE RESPONDENT POLICE IN CR.NO.15/2019 IN S.C.NO.870/2020 (C.C.NO.6113/2020) OF PUTTENHALLI POLICE STATION FILED AGAINST THE PETITIONER FOR THE OFFENCE P/U/S.376,420,506 OF IPC WHICH IS PENDING BEFORE THE HONBLE CITY CIVIL AND SESSIONS JUDGE CCH-54 BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner/sole accused in Sessions Case No.870/2020 pending before the Court of City Civil and Sessions Judge (CCH- 54) Bengaluru has preferred this petition seeking to quash the entire proceedings.
2. Charge sheet is filed against the petitioner for the offence punishable under Section 376 and 420 of IPC. Case of the prosecution is that the petitioner with a false promise of marriage committed sexual intercourse with the victim and also received more than Rs.5.00 lakhs and thereby cheated her etc.
- 3 -
NC: 2025:KHC:14880 CRL.P No. 12528 of 2022
3. One of the contentions raised by the learned counsel for the petitioner is that after a complaint was lodged by the petitioner against respondent No.2, alleging extortion, a false complaint is lodged making reckless allegations. He contended that the ingredients of the offences alleged are not made out and therefore, the entire proceedings are liable to be quashed.
4.
Learned counsel for respondent No.2 has contended that insofar as the complaint lodged against the victim is concerned, the police have conducted investigation and filed B report, which is not challenged by the petitioner. He contended that, in the present case, the police having collected sufficient materials has filed charge sheet and even the discharge application filed by the petitioner has been dismissed by the Trial Court, which is also not challenged.
5. Learned High Court Government Pleader submitted that the trial has commenced and three witnesses are already examined.
6. At this stage it cannot be said that the ingredients of the offences alleged are not made out. Since the trial is in
- 4 -
NC: 2025:KHC:14880 CRL.P No. 12528 of 2022
progress, any observations if made on the merits of the case, may prejudice both the parties. Petitioner can take all the defense before the Trial Court and therefore, keeping open all the contentions to be raised at the appropriate stage before the Trial Court, petition is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC List No.: 1 Sl No.: 17