- 1 - HC-KAR NC: 2025:KHC:45884 CRL.P No. 11203 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11203 OF 2025 BETWEEN: ASHOK K., S/O. LATE SANJEEVA, AGED ABOUT 46 YEARS, R/AT NO. 56, THOTA, BENGERE, MANGALURU, D.K. DISTRICT-575 001. …PETITIONER (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, PANAMBURPS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. 2. CHAMPA MALLIKA, W/O JAGGANATHMALLIK, AGED ABOUT 34 YEARS, R/AT NEAR THOTA BENGREE FERRY, MANGALORE CITY. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; R2- SERVED AND UNREPRESENTED) THIS CRL.P FILED U/S. 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.CASE 106/2025 PENDING ON THE FILE OF ADDL. DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO, MANGALURU, DAKSHINA KANNADA REGISTERED FOR THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45884 CRL.P No. 11203 of 2025 OFFENCE PUNISHABLE UNDER SECTION 75(1) OF BHARTIYA NAYA SANITHA, UNDER SECTION 10 OF POCSO ACT AND U/S. 3(1)(w)(i)(ii), 3(2)(va) OF SC/ST (POA) ACT PURSUANT TO REGISTRATION OF CASE IN CRIME NO.52/2025 BY PANAMBUR POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has sought to quash the entire proceedings in Special Case No.106/2025 pending on the file of the Court of Additional District and Sessions Judge, FTSC-1 (POCSO) Mangaluru-Dakshina Kannada. 2. It is the contention of the learned counsel that with the sole intention of harassing and humiliating and to tarnish petitioner’s image, respondent No.2 has lodged a false complaint against him. He contended that there are some differences between the petitioner and certain neighbours, particularly with one of the neighbours, cited as CW3, due to repeated disturbances caused by her pet dog. In this regard, threats were issued against the petitioner and his - 3 - HC-KAR NC: 2025:KHC:45884 CRL.P No. 11203 of 2025 family and the said incident has led to registration of a false complaint, making vague and reckless allegations. 3. Learned counsel further contended that even the FIR, if taken on its face value and accepted in its entirety, does not prima facie constitute any offence or make out any case against the petitioner. The allegations in the FIR and complaint do not disclose commission of any offence, much less the one alleged. The allegations are absurd, inherently improbable, which a prudent person can never reach at a just conclusion that there is sufficient ground for proceeding against the petitioner. 4. Learned counsel would also contend that the RFSL report and final opinion issued by the specialist do not indicate any offence committed and therefore, the proceedings initiated against the petitioner is an abuse of process of law. He has accordingly sought to allow the petition and quash the proceedings. - 4 - HC-KAR NC: 2025:KHC:45884 CRL.P No. 11203 of 2025 5. Per contra, the learned Additional SPP has contended that on a plain reading of the complaint, it prima facie disclose commission of cognizable offence by the petitioner and the allegations are also serious in nature. He contended that there are eye witnesses to the incident and on completion of investigation, charge sheet has been filed and even the charges are framed and therefore, no grounds are made to quash the proceedings. 6. The FIR is registered against the petitioner for the offence punishable under Sections 8, 10 of the Protection of Children from Sexual Offences Act, 2012 and Section 75(1) of the BNS 2023. It is alleged that the petitioner has committed sexual assault on a minor girl aged about 3 years. On completion of investigation, charge sheet has been filed for the offence punishable under Section 75(1) of the BNS 2023, Section 10 of the POCSO Act and Section 3(1)(w)(i)(ii), 3(ii)(Va) of the SC/ST (POA) Act, 1989. During the course of investigation, statements of the witnesses, namely CWs.3 & 4 are - 5 - HC-KAR NC: 2025:KHC:45884 CRL.P No. 11203 of 2025 recorded. Hence, apart from the statements of the first informant, mother of the victim girl, there are other materials on record to proceed against the petitioner. In view of the material on record and considering that charges are already framed, this is not a fit case to quash the proceedings. Hence, the following: ORDER (i) Petition is dismissed (ii) The observations made in the petition shall not influence the trial of the case in any manner. I.A. No.1/2025 and I.A.No.2/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE DS CT:TSM List No.: 1 Sl No.: 18