- 1 - NC: 2025:KHC-D:4201 CRL.P No. 103220 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103220 OF 2024 BETWEEN: 1. RAKESH S/O. RAMANAYAK, AGE: 40 YEARS, OCC: GOVT. OFFICIAL NON-GANETTED, R/O: NARA ANJINEYA TEMPLE, ANJINEYA BADAVANE, TQ: DAVANGERI, DIST: DAVANGERI – 577 001. 2. SHREYAS S/O. MAJJAPPA KATTIMANI, AGE: 23 YEARS, OCC: STUDENT, R/O: HIRE VENKALAKUNTA NOW @ ANJINEYA BADAVANE, TQ: DAVANGERI, DIST: DAVANGERI – 577 001. 3. RAGHU, S/O. MAILARAPPA KATTIMANI, AGE: 46 YEARS, OCC: DOCTOR, R/O: PRESENT NO.12, ITI LEOUT, 2ND CROSS, VIJAJANPUR BENGALURU, BENGALORE CITY – 560 102. …PETITIONERS (BY SRI GOVINDAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY KANAKAGIRI PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD, DIST: DHARWAD. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4201 CRL.P No. 103220 of 2024 2. YAMUNAMMA W/O. SHIVAPPA GULEDAR, AGE: 40 YEARS, OCC: LABOURER, R/O: VARNAKHEDA VILLAGE, TQ: KANAKAGERI, DIST: KOPPAL – 583 283. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SMT. SHARMILA M. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE FIR AND COMPLAINT CHARGE SHEET FILED AGAINST THE PETITIONERS/ACCUSED NO.6 TO 8 FOR THE OFFENCES PUNISHABLE U/S 376(2) (N), 212, 312, 313, 420 READ WITH 34 OF INDIAN PENAL CODE UNDER KANAKAGIRI P.S. CRIME NO. 20/2024 AND WHICH WAS REGISTERED AS C.C. NO.1247/2024 PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC GANGAVATHI IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.6 to 8 under Section 482 of the Code of Criminal Procedure praying to quash the FIR, complaint and charge-sheet filed in Kanakagiri Police Station Crime No.20/2024 pending in C.C. No.1247/2024 on the file of the learned Additional Civil Judge and JMFC, Gangavathi, registered for the offences punishable under Sections 376(2)(n), 212, 312, - 3 - NC: 2025:KHC-D:4201 CRL.P No. 103220 of 2024 313 and 420 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short). 2. The accusation against the petitioners/accused Nos.6 to 8 in the charge-sheet is that they gave shelter to accused No.3 in their house and committed an offence under Sections 212 of IPC. 3. Heard the learned counsel for the petitioners, learned AGA for respondent No.1-State and the learned counsel for respondent No.2. 4. The learned counsel for the petitioners would contend that except the statement of the Police officials, who are cited as CWs.16 to 18, there are no materials against the petitioners attracting offence under Section 212 of IPC. On this ground, he prayed for quashing the proceedings against the petitioners. 5. Learned AGA for respondent No.1 would contend that CWs.16 to 18 are the police officials, who in their statements have specifically stated regarding - 4 - NC: 2025:KHC-D:4201 CRL.P No. 103220 of 2024 petitioner Nos.1 and 2/accused Nos.6 and 7 giving shelter to accused No.3 in their house. 6. Learned counsel for respondent No.2 would contend that, as charge sheet is filed, the petitioners shall face trial. 7. Having heard the learned counsel, the Court has perused the charge sheet material. 8. The offences alleged against accused No.3 are under Sections 312 and 313 of IPC. As per Column 17 of the charge-sheet, the petitioners/accused Nos.6 to 8 are alleged to have given shelter to accused No.3 in their house in order to escape from the Police. Upon perusal of the statements of CWs.16 to 18, there is a material against petitioner Nos.1 and 2/accused Nos.6 and 7 that they gave shelter to accused No.3 in their house. On perusal of the entire charge-sheet material, there is no evidence against petitioner No.3/accused No.8 that he gave shelter to accused No.3. Petitioner No.3 is the - 5 - NC: 2025:KHC-D:4201 CRL.P No. 103220 of 2024 brother of accused No.3. Except the voluntary statement of petitioner No.3/accused No.8, there is nothing in the charge-sheet material which indicate that petitioner No.3 gave shelter to accused No.3. Therefore, the proceedings against petitioner No.3/accused No.8 is an abuse of process of law. The proceedings against petitioner No.3/accused No.8 requires to be quashed. 9. In the result, the following: ORDER The petition is partly allowed. The petition of petitioner Nos.1 and 2/accused Nos.6 and 7 is dismissed. Petition of petitioner No.3/accused No.8 is allowed. The proceedings against petitioner No.3/accused No.8 pending in CC No.1247/2024 on the file of the learned Additional Civil Judge and JMFC, Gangavathi, pertaining to Kanakagriri Police Station Crime No.20/2024 for offence under Section 212 of IPC, the FIR and charge-sheet so far - 6 - NC: 2025:KHC-D:4201 CRL.P No. 103220 of 2024 petitioner No.3/accused No.8 are quashed. As a consequence, I.A.1/2024 also stands dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC