- 1 - HC-KAR NC: 2025:KHC:42032 CRL.P No. 12737 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12737 OF 2025 BETWEEN: MR. SHIVU. S @ SHIVARAJU, S/O SHIVANAGA BOVI, AGED ABOUT 26 YEARS, OCCU. CAR DRIVER, R/O CHINAKURALI VILLAGE - 571455, PANDAVAPURA TQ, MANDYA DISTRICT, CELL NO. 9108149643. …PETITIONER (BY SRI Y KOTRESHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THE SHO, RURAL PS, KOLLAGAL TQ CHAMARAJANAGARA DISTRICT, REP. BY THE STATE PUBLIC PROSECUTOR, KARNATAKA, BENGALURU - 560001. 2. MR. RACHEGOWDA, S/O LATE PUTTAMADEGOWDA, AGED ABOUT 51 YEARS, OCCU: COOLIE, R/O HONDARU BALU - VILLAGE - 571440, KOLLEGAL TQ, CHAMARAJANAGAR DISTRICT. …RESPONDENTS (BY SRI RAHUL RAI K ,HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42032 CRL.P No. 12737 of 2025 - ACCUSED NO.2 IN SPL.CASE NO.258 OF 24 ARISE OUT OF IN CR.NO.155/2024 DATED 30.07.2024 OF THE SHO, RURAL P.S. KOLLEGAL TOWN, FOR THE OFFENCES P/U/S. 64 R/W 3(5) OF BNS 23 AND U/S. 4, 8, 12, 17, 15(2) OF POCSO ACT, 12 AND U/S. 66(E) IT ACT, 2000, SAME IS PENDING ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE FTSC-I AT CHAMARAJANAGAR DISTRICT AS ANNEXURE A AND B. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This Criminal Petition is filed seeking to quash the proceeding in Special Case No.258/2024, which is pending on the file of Additional District and Sessions Judge, FTSC- I, Chamrajnagar District. 2. Charge sheet is filed for the offence punishable under Section 137(2) and 64 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'), Section 04, 08, 12, 17, 15(2) of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and Section 66(E) of Information Technology Act, 2000 (for short 'IT Act'). - 3 - HC-KAR NC: 2025:KHC:42032 CRL.P No. 12737 of 2025 3. Learned counsel for the petitioner contended that the main allegations are against the child in conflict with law ('CCL' for short) and petitioner has been arraigned as accused No.2 in the charge sheet on a false allegation that he has taken the victim girl in the Car. Learned counsel contended that the petitioner is a driver by profession and merely because the victim has travelled in the Car itself will not lead to a conclusion that he has abetted the commission of the offence. 4. Charge sheet allegations are that about 7 months prior, the CCL and the petitioner secured the victim near Vakil Ramayya Beedhi in Kollegal and took her in a Car bearing Registration No.KA 09 MH-9744, towards Nanjangud and then near Mugur village, wherein CCL committed penetrative sexual assault on the victim inside the Car. Again on the intervening night of 29.07.2024 and 30.07.2024 at about 12 midnight, they by inducing, kidnapped the minor victim in the Car. It is also alleged - 4 - HC-KAR NC: 2025:KHC:42032 CRL.P No. 12737 of 2025 that certain obscene photographs of the victim were found in the mobile phone. 5. Petitioner is alleged to have abetted the commission of offence by the CCL, by kidnapping victim along with CCL in the Car. The charge sheet is filed against him under Section 137(2) read with Section 3(5) of BNS, 2023 and Section 17 of the POCSO Act. 6. While exercising jurisdiction under Section 482 of Cr.P.C., this Court cannot embark on a mini trial to assess the merits of the allegations and the veracity of the averments in the complaint and the charge sheet. The power has to be exercised sparingly, within well settled parameters. There are no exceptional grounds to quash the proceeding now pending against the petitioner. In the charge sheet, if there are no sufficient materials against the petitioner, it is always open for the petitioner to file appropriate application seeking discharge before the Trial Court. If any such application is filed, same shall be disposed of in accordance with law. - 5 - HC-KAR NC: 2025:KHC:42032 CRL.P No. 12737 of 2025 7. With the above observations, the Criminal Petition is dismissed. 8. In view of the disposal of the main petition, I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE GVP List No.: 1 Sl No.: 25