- 1 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200217/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: VISHWA BHARATI GRAMIN MAHILAVIKAS MANAGEMENT (A1), REPRESENTED BY ITS PRESIDENT, SMT. SHARADHA W/O BHIMARAO YAKAPUR, AGE:63 YEARS, OCC: PRESIDENT, R/O. PLOT NO.128, MAKALAYOUT, KALABURAGI CITY KARNATAKA. …PETITIONER (BY SMT. LAKSHMI G.E. AND SRI M.G. BHRUNGIMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, THROUGH ASHOKNAGAR P.S., TQ. KALABURAGI, DIST. KALABURAGI, BY ADDL. SPP, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 HIGH COURT OF KARNATAKA, KALABURAGI BENCH – 585103. 2. SRI NAVEENKUMAR S/O UDAYASHANKAR AGE: 46 YEARS, OCC: GOVT. OFFICAL GAZETTED, R/O. OFFICE OF DEPUTY DIRECTOR DWCD AT KALABURAGI CITY, KALABURAGI CITY, KARNATAKA-585102. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE FIR NO.2936/2023 VIDE CRIME NO.177/2023 OF ASHOK NAGAR P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 342, 344 OF IPC AND SECTIONS 34 AND 75 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN’S) ACT, 2015, AGAINST THE PETITIONER, WHICH IS PENDING ON THE FILE OF V ADDITIONAL C.J.(J.D) & JMFC, KALABURAGI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) Heard Smt. Lakshmi G.E., and Sri M.G. Bhrungimath, learned counsels for the petitioners and Sri Veeranagouda - 3 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 Malipatil, learned High Court Government Pleader for the respondent No.1-State. 2. Pursuant to the directions of this Court, parents of the rescued girls and the Investigating Officer are present before this Court. 3. Affidavits came to be filed, which were sworn to by the parents of the rescued girls. 4. Affidavits read as under: “AFFIDAVIT I, Smt. Sangeetha W/o Krishna aged above 40 years, Occupation: Kooli Work, residing at MSK Mill Road, Ashok Nagar, Near Water Tank, Kalaburagi, do hereby solemnly affirm and state on oath as under: 1. That I have four children, out of whom two daughters, Kumari Bhavani and Kumari Sanjana, have been voluntarily admitted by me to the Vishwa Bharathi Grameen Open Shelter. As I am a poor woman and unable to provide adequate food, accommodation, and - 4 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 education to my children, I humbly requested the management of Vishwa Bharathi Grameen to provide open shelter and necessary support to my minor daughters at their centre, in order to safeguard their best interests and welfare. 2. That as my husband does not provide any financial support for household expenses, we are living in extreme poverty. Therefore, I voluntarily admitted my two daughters, Bhavani and Sanjana, to the Open Shelter. The admission was done with their informed consent, in order to ensure their safety, care, and overall well-being. 3. That when I voluntarily approached the Vishwa Bharathi Open Shelter and requested admission for my daughters, the open shelter agreed and immediately produced before the Child Welfare Committee at Kalaburagi. During the proceedings, the Committee asked me to submit my daughters' Aadhaar cards. Thereafter, I, along with the Open Shelter staff, went to my house to collect the documents. However, before we reached, my husband had locked the house with two padlocks and left the premises. At that time, the staff took a photograph of the locked door - 5 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 and a selfie as proof. Therefore, to provide my daughters with a safe environment and proper care, I personally approached the said open shelter and requested shelter and education facilities for them. 4. That no force, threat, coercion, or undue influence was exerted by the said open shelter upon me or my daughters for seeking admission at the centre. The assistance was voluntarily sought by me, and the open shelter extended help solely to protect the welfare of my daughters. 5. That during my daughters' stay at the open shelter, I visited them occasionally. During those visits, they informed me that the arrangements were satisfactory, the food was good, and the staff treated them with affection and care, as if they were their own children. 6. That being financially unable to fully support my daughters, and after receiving detailed information from the open shelter about the facilities and the Open Shelter, I gave my informed consent for their admission. 7. That my daughters were never subjected to any neglect, mistreatment, or abuse at the open shelter. On the contrary, they received - 6 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 proper care, good moral support, and a secure environment conducive to their well- being and development. 8. That I firmly believe the open shelter has acted lawfully and in the best interests of my daughters, prioritizing their safety, protection, and education. I express my sincere gratitude to the open shelter for their assistance during a challenging period in our lives. 9. That the said open shelter has maintained proper records and communication with me regarding the progress, health, and well- being of my daughters during their stay, ensuring transparency and trust between us. 10. That I am fully satisfied with the educational and good moral support provided to my daughters by the open shelter, which has helped them grow and develop positively despite the difficulties faced by our family. 11. That the contents of this affidavit have been translated and explained to me in Kannada, and I affirm that the same are true and correct to the best of my knowledge and belief. Hence, I am solemnly swearing this affidavit on this 7th day of June, 2025, at Kalaburagi. - 7 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 AFFIDAVIT I, Smt. Mahananda, W/o Nagaraj, aged above 39 years, Occupation: Housewife, residing at Ashraya Colony, Kesaratagi, Taluk Kalaburagi, District Kalaburagi, do hereby solemnly affirm and state on oath as under:- 1. That Kumari Nandini is my daughter. I requested Vishwa Bharati Gramin Mahilavikas Management to provide Open Shelter and support to my minor daughter at their centre, in order to protect her best interests and welfare. 2. As my husband does not provide any financial support for the household expenses, we are living in extreme poverty. Therefore, I have voluntarily, and with my daughter's consent, admitted her to the said Open Shelter 3. That due to severe financial hardship and ongoing family issues, including my husband's alcoholism and his irregular presence at home-since he works as a driver and visits the house only once every 30 days, and sometimes not at all-my daughter was experiencing considerable distress. Therefore, in order to ensure her safety and provide her with a supportive environment, - 8 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 along with proper care and education, I personally approached the said institution and she be admitted to their shelter. 4. That no force, threat, coercion, or undue influence was exerted by the said institution upon me or my daughter for seeking admission at the centre. The assistance was voluntarily sought by me, and the institution extended help solely to protect the welfare of my daughter 5. That during my daughter's stay at the institution, I visited her occasionally. She informed me that the arrangements were satisfactory, the food was good, and the staff treated her with affection and care, as if she were their own child. 6. That being financially unable to fully support my daughter, and after receiving detailed information from the institution about the facilities and open shelter, I gave my informed consent for her admission. 7. That my daughter was never subjected to any neglect, mistreatment, or abuse at the institution. On the contrary, she received proper care, good moral support, and a - 9 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 secure environment conducive to her well- being and development. 8. That I firmly believe the institution has acted lawfully and in the best interest of my daughter, prioritizing her, safety protection, and education, I express my sincere gratitude to the institution for their assistance during a challenging period in our lives 9. That the said institution has maintained proper records and communication with me regarding the progress, health, and well- being of my daughter during her stay, ensuring transparency and trust between us 10. That I am fully satisfied with the educational and good moral support provided to my daughter by the institution, which has helped her develop positively despite the difficulties faced by our family 11. That the contents of this affidavit have been translated and explained to me in Kannada, and I affirm that the same are true and correct to the best of my knowledge and belief. Hence, I am solemnly swearing this affidavit on this 7th day of June, 2025, at Kalaburagi.” - 10 - HC-KAR NC: 2025:KHC-K:3263 CRL.P No. 200217 of 2025 5. Taking note of the contents of the affidavits, since it is the voluntary act of the parents to leave the rescued girls in Vishwa Bharati Women’s Organization for Rural Development and Social Change Open Shelter, Kalaburagi, this Court is satisfied that no criminal act is involved and continuation of the criminal proceedings would only result in futile exercise and abuse of process of law besides waste of time. 6. Accordingly, placing affidavits on record, petition needs to be allowed. Hence, the following: ORDER i. The petition is allowed. ii. The pending proceedings in Crime No.177/2023 (FIR No.2936/2023) of Ashok Nagar Police Station, on the file of the Court of the V Additional C.J. (J.D.) and JMFC, Kalaburagi, is hereby quashed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 40 CT:PK