- 1 - NC: 2025:KHC-D:2186 CRL.P No. 104247 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 104247 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: APPANNA @ AJIT MALLAPPA YALLORE AGE. 42 YEARS, OCC. AGRICULTURE, R/O. NAINGLAJ, TQ. CHIKKODI, DIST. BELAGAVI. …PETITIONER (BY SRI. M.B.GUNDAWADE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD, THROUGH SANKESHWAR POLICE STATION. 2. SMT. PREMA YALLAPPA CHOORI AGE. 45 YEARS, OCC. HOUSE WIFE, R/O. BADAWADI, TQ. HUKKERI, DIST. BELAGAVI-591301. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.4 IN SPL CASE NO. 170/2022 PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND FTSC-I, BELAGAVI FOR THE ALLEGED OFFENCES U/SEC 506, 201 OF IPC AND U/SEC 17 OF POCSO ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 15:50:25 +0530 - 2 - NC: 2025:KHC-D:2186 CRL.P No. 104247 of 2022 ORAL ORDER The petitioner-accused No.4 has been charge-sheeted for the offence punishable under Sections 506, 201 of Indian Penal Code and Under Section 17 of the Protection of Children from Sexual Offences Act, 2012 is before this court seeking relief.Contents may violate our content policy The allegation against accused No.4 is that, when the accused Nos.1 and 2 took the survivors he threatened the survivors not to disclose the names and also act of committing forcible sexual intercourse of the accused Nos.1 and 2 to any persons. Heard the learned counsel for the petitioner and also the learned Additional Government Advocate for the respondent-State. The petitioner, Accused No. 4, has been charge-sheeted for offenses punishable under Sections 506 and 201 of the IPC and Section 17 of the Protection of Children from Sexual Offences Act, 2012, solely on the ground that he allegedly threatened the survivors not to disclose the acts committed by Accused Nos. 1 and 2 in forcibly committing sexual intercourse. Section 16 of the POCSO Act deals with the punishment for offenses and indicates that a person who abets, instigates, or conspires to commit an offense is punishable under the Act. - 3 - NC: 2025:KHC-D:2186 CRL.P No. 104247 of 2022 The allegation against the petitioner, Accused No. 4, does not fall within the scope of the circumstances enumerated in Section 16 of the POCSO Act. Therefore, the allegations against him do not satisfy the essential elements required to constitute the commission of the alleged offense. As a result, continuing the criminal proceedings against the petitioner, Accused No. 4, would amount to an abuse of the process of law. Accordingly I pass the following: ORDER i) The criminal petition is allowed ii) The impugned proceedings in Spl.Case No.170/2022, pending on the file of Additional District and FTSC-I, Belagavi, insofar it relates to the accused No.4 is hereby quashed. iii) The Trial Court to proceed against the other accused in accordance with law, without being influenced by the observations made in this order, and the observation made, if any, is only for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 51