- 1 - NC: 2025:KHC-D:3526 CRL.P No. 102499 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102499 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. SEEMA W/O. BASAVARAJ MADINNI AGE. 22 YEARS, OCC. HOMEMAKER. 2. SHRI. DEMAPPA S/O. GULAPPA MADINNI AGE. 61 YEARS, OCC. AGRICULTURE. 3. SMT. SANVAKKA W/O. DEMAPPA MADINNI AGE. 50 YEARS, OCC. HOMEMAKER. 4. SRI. SHIVANAND S/O. DEMAPPA MADINNI AGE. 34 YEARS, OCC. SERVICE. 5. SMT. SUDHA W/O. SHIVANAND MADINNI AGE. 26 YEARS, OCC. HOMEMAKER. 6. SMT. SUSHMA W/O. SANJU SHIVABASANNAVAR AGE. 19 YEARS, OCC. HOMEMAKER. 7. SHRI. SHRIDHAR CHANDRAPPA GANIGER AGE. 31 YEARS, OCC. BUSINESS, ALL ARE R/O. HOLIHOSUR VILLAGE, TQ: BAILHONGAL, DIST: BELAGAVI-591118. …PETITIONERS (BY SRI. SANTOSH B.MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BAILHONGAL POLICE STATION, REPTD. BY ADDITIONAL STATE PUBLIC PROSECUTOR, S.P.P. OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:27 +0530 - 2 - NC: 2025:KHC-D:3526 CRL.P No. 102499 of 2024 2. COMPLAINANT AGE. 19 YEARS, OCC. HOMEMAKER, R/O. HOLIHOSUR, TQ. BAILHONGAL, DIST. BELAGAVI, NOW R/O. MURGOD-582101. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. SANTOSH BIRANAGI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, CALL FOR RECORDS AND QUASH THE ENTIRE CHARGE SHEET AND PROCEEDINGS IN BAILHONGAL POLICE STATION CRIME NO.134/2022 REGISTERED FOR THE OFFENCES U/S 143, 376(2) (N), 506 R/W SECTION 149 OF IPC AND SECTION 4 AND 6 OF POCSO ACT 2012 PENDING ON THE FILE OF ADDL.DISTRICT AND SESSIONS JUDGE, FTSC/POCSO-I BELAGAVI IN SPL.CASE NO.183/2022, IN SO FAR AS PRESENT PETITIONERS/ACCUSED NO.2 TO 8 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. After the investigation, the police submitted the charge sheet for offences punishable under Sections 143, 376(2)(N), and 506 read with Section 149 of the IPC and Sections 4 and 6 of the POCSO Act, 2012. 2. The prosecution alleges that accused No.1, fully aware that the survivor was a minor, committed forcible sexual intercourse with her under the false promise of marriage. Accused Nos.2 to 8 are relatives of accused No.1. The petitioners—accused Nos.2 to 8—have been charge-sheeted primarily on the ground that they threatened the survivor not to disclose her relationship with accused No.1. - 3 - NC: 2025:KHC-D:3526 CRL.P No. 102499 of 2024 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1 – State, and the learned counsel for respondent No.2. 4. The allegation of committing forcible sexual intercourse is solely against accused No.1. The prosecution alleges that when the survivor went to the house of accused No.1, the petitioners— accused herein—threatened her not to disclose her relationship with accused No.1. 5. A perusal of the statement recorded under Section 164 of Cr.P.C. indicates that these accused stated to the survivor that Accused No.1 is a man and can take any action he wants. The allegations against the petitioners—accused herein—are general and omnibus, with no specific overt act detailing how and in what manner each of the accused threatened her with dire consequences. Even accepting the allegation, there is no evidence that the threat caused alarm to the victim or to make the victim do or abstain from doing something against their will to constitute an offence under Section 506 IPC. 6. In such circumstances, the continuation of criminal proceedings against the petitioners—accused Nos.2 to 8—would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in Spl. Case No.183/2022, pending before the learned Additional District and Sessions Judge, FTSC/POCSO-I, Belagavi, - 4 - NC: 2025:KHC-D:3526 CRL.P No. 102499 of 2024 insofar as they relate to the petitioners—accused Nos.2 to 8—are hereby quashed. 8. The Trial Court shall proceed against the remaining accused in accordance with the law, without being influenced by the observations made in this order. Any observations made herein are only for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 186