- 1 - HC-KAR NC: 2025:KHC:49571 CRL.P No. 12933 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.12933 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. Y NAAGASHESHU @ YANNAN NAGASHESHU S/O RAMASUBBARAO, AGED ABOUT 20 YEARS, RESIDENT OF TIRUPATHI MANDALAM, TIRUPATHI DISTRICT, ANDHRA PRADESH-517 503. …PETITIONER (BY SRI. JAGADISH G. KUMBAR, ADVOCATE FOR SRI. B.P. SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49571 CRL.P No. 12933 of 2023 2. SMT. BEBI S W/O C. CHANDRASHEKAR NAIDU, AGED ABOUT 35 YEARS, R/AT NO.49, AKSHAYANAGARA, ATTURU LAYOUT, YELAHANKA NEW TOWN, BANGALORE-560 064. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R.1; NOTICE TO R.2 IS HELD SUFFICIENT VIDE COURT ORDER DATED 17.06.2025.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN SPL.C.C.NO.657/2023 (CRIME NO.15/2023) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363 OF IPC AND SECTIONS 3(a), 4, 5(L), 6, 11(iv), 12, 16, 17 OF POCSO ACT 2012 REGISTERED BY RESPONDENT VIDYARANYAPURA POLICE, PENDING ON THE FILE OF THE HON'BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE FTSC-I, AT BENGALURU AGAINST THE PETITIONER/ACCUSED NO.3 VIDE ANNEXURES-'A' AND 'D', ETC. THIS PETITION, COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:49571 CRL.P No. 12933 of 2023 ORAL ORDER 1. Petitioner is accused No.3 in Spl.C.C.No.657/2023 pending on the file of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru. On the ground that accused No.1 kidnapped the victim, who was a minor girl at that time and had sexual intercourse with her, and that accused Nos.2, 3 and 4 abetted the commission of the said crime, all the accused have been charged under Section 363 of IPC and Sections 4, 6, 12 and 17 of the Protection of Children from Sexual Offences Act. Aggrieved by the same, the present petition is filed by accused No.3 with a prayer to quash the proceedings against him. 2. The case of the petitioner is that, he is not involved in the alleged crime in any manner whatsoever. It is submitted that accused No.1 and the victim were actually in love, and that they have got married thereafter and are presently leading a happy married life. It is further submitted that no allegation is made against the petitioner in the complaint. It is further submitted that the only - 4 - HC-KAR NC: 2025:KHC:49571 CRL.P No. 12933 of 2023 allegation made against the petitioner in the police report is that accused No.1 borrowed a sum of Rs.5,000/- from the petitioner which has been used for commission of the offence alleged against him. It is submitted that the same to be false. It is also submitted that even presuming that accused No.1 borrowed a sum of Rs.5,000/- from the petitioner herein, the investigation material does not reveal as to the fact that the same was borrowed for the purposes of committing the crime as alleged by accused No.1 and that the petitioner herein had the knowledge of the same. For the said reason, it is prayed that the proceedings against the petitioner herein be quashed. 3. Respondent No.2, in spite of being served, has remained absent. 4. Learned HCGP, for respondent No.1, upon instructions, justifies the proceedings against the petitioner herein and prays for dismissal of the criminal petition. - 5 - HC-KAR NC: 2025:KHC:49571 CRL.P No. 12933 of 2023 5. However, he is unable to show what is the material against the petitioner herein which shows that accused No.1 told the petitioner that he requires a sum of Rs.5,000/- so that he can elope with a minor girl and have successful intercourse with her. 6. Admittedly, there is no allegation made against the present petitioner in the complaint lodged by respondent No.2, who is the mother of the victim. Though in the charge sheet it is alleged that accused No.1 borrowed a sum of Rs.5,000/- from the petitioner herein (accused No.3) and utilized the same for eloping with the victim and have successful intercourse with her, the investigation material placed along with the charge sheet does not reveal the same. 7. Under the circumstances, I am of the opinion that even if it is believed that the allegation made against the - 6 - HC-KAR NC: 2025:KHC:49571 CRL.P No. 12933 of 2023 petitioner herein is held to be true, he cannot be convicted of the offences alleged. 8. Hence, the following: ORDER (i) The criminal petition is allowed; (ii) The proceedings in Spl.C.C.No.657/2023 pending on the file of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, insofar as it relates to the petitioner herein stands quashed. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 36