- 1 - NC: 2025:KHC:1871 CRL.P No. 4997 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4997 OF 2023 BETWEEN: SRIDHARAMURTHY, S/O GOVINDAPPA, AGED ABOUT 40 YEARS, R/AT MARADIHALLI VILLAGE, HIRIYURU TALUK CHITRADURGA -577 532 …PETITIONER (BY SMT. SINCHANA M.R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHITRADURGA KOTE POLICE STATION, CHITRADURGA-577 501 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. P.L. SACHIN S/O. P.S. LOKNATH, AGED ABOUT 43 YEARS, R/AT NILAKANTESWARA LAYOUT, CHITRADURGA-577 501 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.SPP FOR R1; SRI. JAGADEESH H.T., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO a) SET ASIDE THE ORDER DATED 31.03.2022 IN CRL.RP.NO.82/2021 FROM THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA AND C.C.NO.96/2019 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., CHITRADURGA DATED 23.06.2021. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1871 CRL.P No. 4997 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the sole accused in C.C.No.96/2019 on the file of the II Addl.Senior Civil Judge & JMFC, Chitradurga, is directed against the impugned order dated 23.06.2021 passed on I.A.No.2, whereby the said application filed by the petitioner – accused under Section 239 Cr.P.C. seeking discharge was rejected by the trial court and confirmed by the Prl.District and Sessions Judge, Chitradurga, vide the impugned order dated 31.03.2022 dismissing Crl.R.P.No.82/2021 filed by the petitioner. 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent – de facto complainant who is the husband of one Smt.Usha Rani lodged the impugned complaint dated 23.07.2016 making allegations against the petitioner, pursuant to which, the impugned FIR in Crime No.111/2016 was registered against the petitioner for alleged offences under Section 354A (1) (ii), 507, 506, 504 and 509 IPC. After investigation, the 1st respondent – Police filed the impugned charge sheet in C.C.No.96/2019 before the trial court, in which the petitioner is - 3 - NC: 2025:KHC:1871 CRL.P No. 4997 of 2023 arraigned as the sole accused. In the said proceedings, the petitioner filed the instant application I.A.No.2 under Section 239 Cr.P.C. seeking discharge from the proceedings. The said application having been opposed by the respondents, the trial court proceeded to pass the impugned order dated 23.06.2021 rejecting the application filed by the petitioner. Aggrieved by the same, petitioner filed Crl.R.P.No.82/2021 which was also dismissed by the Sessions Court vide impugned order dated 31.03.2022. Aggrieved by the impugned orders passed by the trial court and Sessions Court, petitioner is before this Court by way of the present petition. 4. A perusal of the material on record including the impugned orders will indicate that despite noticing that the aforesaid Smt.Usha Rani (CW-2) wife of 2nd respondent – de facto complainant had given a statement before the learned Magistrate under Section 164 Cr.P.C., in which, she has categorically stated that the petitioner had not committed any of the offences alleged against her and that both herself and the petitioner were lawyers practicing as junior colleagues in the chambers of a Senior Advocate Sri.Abdul Azeez and apart from their professional relationship, there was no other relationship between them and that the petitioner neither attempted to commit the aforesaid offences nor ill treated or harassed the petitioner or threatened her, both the courts rejected the discharge application of the petitioner on the ground that the - 4 - NC: 2025:KHC:1871 CRL.P No. 4997 of 2023 matter requires a full-fledged trial. In fact, while the trial court did not even refer to or extract the aforesaid statement given by Smt.Usha Rani, the revisional court summarily rejected the revision petition by mechanically confirming the order of the trial court. 5. In this context, it is relevant to state that in her statement given before the learned Magistrate under Section 164 Cr.P.C., Smt.Usha Rani, wife of the 2nd respondent – complainant and who is alleged to be the victim has categorically, unequivocally and unambiguously stated that the petitioner was not guilty of the alleged offences but also that both of them being practicing advocates under the same Senior lawyer merely shared a professional relationship and that there was neither any harassment, cruelty or any other sexual acts committed by the petitioner against her. A perusal of the impugned orders will indicate that the same are based on surmises and conjectures and contrary to the material on record. Further, even subsequently, the alleged victim Smt.Usha Rani has neither supported the allegations made by her husband, 2nd respondent nor made any allegations against the petitioner before any court or forum. Under these circumstances, I am of the considered opinion that continuation of the impugned proceedings in the backdrop of the aforesaid facts and circumstances would amount to abuse of process of law warranting interference by this Court in the petition. - 5 - NC: 2025:KHC:1871 CRL.P No. 4997 of 2023 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.96/2019 arising out of Crime No.111/2016 registered by the 1st respondent – Police, pending on the file of II Addl.Senior Civil Judge and JMFC, Chitradurga, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RKASRL List No.: 1 Sl No.: 5