BEERAPPA DYAVANAGOWDRA v. STATE BY ELECTRONICS CITY POLICE
CRL.P/14354/2024 · 2025-06-05
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37201 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37201 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18926 CRL.P No. 14354 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION No. 14354 OF 2024 (482 Cr.P.C. / 528 BNSS) BETWEEN:
1.
BEERAPPA DYAVANAGOWDRA, S/O MARIYAPPA, AGED ABOUT 29 YEARS, R/AT No.29, EKADANATA LAYOUT, PARAPPANA AGRAHARA, ELECTIRONICS CITY POST, BANGALORE-5601000. …PETITIONER (BY SRI ARAVIND REDDY H., ADVOCATE) AND:
1.
STATE BY ELECTRONICS CITY POLICE, BENGALURU CITY, BENGALURU-560100.
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMBEDKAR VEEDHI, BENGALURU-560001.
2. LAKKAVVA, AGED ABOUT 29 YEARS, D/O LATE RANGAPPA MANTURA, R/AT MANJULA BUILDINGS, 3RD A CROSS, GANGA BLOCK, BETTADASANAPURA, ELECTRONICS CITY, BENGALURU-560100. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1;
SMT. MANJULA MUNAVALLI, ADVOCATE FOR R2)
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18926 CRL.P No. 14354 of 2024
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.No.211/2024 OF CR.No.148/2023 OF ELECTRONIC CITY POLICE FOR THE OFFENCE P/U/S 376(2), 417, 312, 324, 323, 504, 506 OF IPC PENDING ON THE FILE OF THE VI ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs;
"a) Quash the entire proceedings in S.C.No.211/2024 of Cr.No.148/2023 of Electronic City Police for the offences punishable under Sections 376(2), 417, 312, 324, 323, 504, 506 of IPC pending on the file of the VI Addl. District and Sessions Judge, Bengaluru Rural District at Bengaluru.
b) Pass such other orders as this Hon'ble Court deem fit in the facts and circumstances of the case and in the ends of justice."
2. Heard learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1-State and
learned counsel for respondent No.2 and perused the record.
3. A perusal of the material on record will indicate that pursuant to the complaint dated 06.07.2023 filed by
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HC-KAR NC: 2025:KHC:18926 CRL.P No. 14354 of 2024
respondent No.2 against the petitioner for the offences punishable under Sections 376(2), 417, 312, 324, 323, 504, 506 of IPC, the impugned proceedings in S.C.No.211/2024 are pending before the trial Court, which are assailed in the present petition.
4. In this context, it is relevant to state that consensual sexual relationship arising out of false promise to marry would not attract the offence punishable under Section 376 of IPC as held by the Hon'ble Apex Court in the following three judgments; (i) Pramod Suryabhan Pawar vs. The State of Maharashtra and another1; (ii) Lallu Yadev vs. State of Uttar Pradesh2; and (iii) Mahesh Damu Khare vs. State of Maharashtra and another.3
5. In addition thereto, the FIR, complaint, charge sheet material, statement of the witnesses, documents etc., would also not indicate commission of remaining offences as against
1 (2019) 9 SCC 608 2 (2024) SCC OnLine SC 2876 3 (2024 SCC OnLine SC 3471
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HC-KAR NC: 2025:KHC:18926 CRL.P No. 14354 of 2024
the petitioner and consequently, continuation of the impugned proceedings would amount to abuse of process of law warranting interference in the present petition.
5. In the result, the following;
(i) The petition is allowed. (ii) The entire proceedings in S.C.No.211/2024 of Cr.No.148/2023 registered by Electronic City Police for the offences punishable under Sections 376(2), 417, 312, 324, 323, 504, 506 of IPC pending on the file of the VI Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MV, List No.: 1 Sl No.: 7