- 1 - HC-KAR NC: 2026:KHC:12730 CRL.P No. 526 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 526 OF 2026 BETWEEN: 1. PAVAN. M. N. S/O. NAGARAJA, AGED ABOUT 24 YEARS, 2. HARISHA C.N., S/O SUBRAMANI, AGED ABOUT 22 YEARS, R/AT SIDDEPALLI CROSS, CHOWDAREDDY PALYA, CHINTAMANI TALUK, CHIKKBALLAPUR DISTRICT-563125. 3. BALAJI. M. H. S/O. HONNAPPA, AGED ABOUT 27 YEARS, 4. RAMANJINEYA S/O. ADINARAYANAPPA, AGED ABOUT 42 YEARS, 5. DINESH KUMAR. M. V. S/O. VENKATARAMA REDDY, AGED ABOUT 35 YEARS, PETITIONERS NO.1, 3,4 AND 5 ARE R/AT MUGALAMARI VILLAGE, CHINTAMANI TALUK, CHIKKABALLPUR DISTRICT-563 125 …PETITIONERS (BY SRI. G.M.SRINIVASAREDDY, ADVOCATE) Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12730 CRL.P No. 526 of 2026 AND: 1. STATE OF KARNATAKA R/BY KENCHARALAHALLI POLICE STATION, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001 2. SRI. DODDAYELLAPPA, S/O. LATE VENKATARAVANAPPA, AGED ABOUT 43 YEARS, R/AT MUGALAMARI VILLAGE, CHINTAMANI TALUK, CHIKKABALLPUR DISTRICT-563 125. …RESPONDENTS (BY SRI.B.N.JAGADEESHA, ADDL.SPP FOR R.1; SRI KUMARA K.G., ADVOCATE FOR R.2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.SC.NO.97/2024 REGISTERED BY KENCHARAHALLI P.S., FOR THE OFFENCES P/U/S 363,366,376(2)(n),114 OF IPC, U/S, 6 8,12,17 OF POCSO ACT, 2012, PENDING ON THE FILE OF THE 4th ADDL. DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA AND ETC., THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2026:KHC:12730 CRL.P No. 526 of 2026 ORAL ORDER Petitioners-accused nos.1 to 5 are before the Court calling in question the proceedings in Spl.SC.no.97/2024 pending on the file of IV Additional District and Sessions Judge, Chikkaballapura, registered for the offences punishable under Sections 363, 366, 376(2)(n) read with 114 of IPC and Sections 6, 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act' for short). 2. Heard Sri. G.M.Srinivasareddy, learned counsel appearing for the petitioners, Sri. B.N.Jagadeesha, learned Addl.SPP appearing for respondent No.1, Sri. Kumara K.G., learned counsel appearing for respondent No.2 and have perused the material on record. 3. Facts in brief germane are as follows: It is the case of the prosecution that the first petitioner- accused no.1 gets acquainted to CW.2-the victim and eventually fall in love. It transpires that the victim and the accused no.1 had physical relationship as well when the victim was 17 years. On a complaint being registered by respondent- complainant that the daughter has gone missing, a crime - 4 - HC-KAR NC: 2026:KHC:12730 CRL.P No. 526 of 2026 initially was registered under Section 363 of IPC against the accused. Later when the victim was found, offences punishable under POCSO Act and Section 376(2)(n) of IPC emerge. The Police after investigation have filed the charge sheet and the matter is before the concerned Court in Spl.SC.no.97/2024. 4. Learned counsel for the petitioners would vehemently contend that insofar as accused Nos.2 to 5 are concerned, they have no role to play with the allegations between the accused no.1 and the victim and therefore, no proceedings should be permitted to be continued against them as the victim and the accused no.1 were in love and the victim had gone with accused no.1. Other accused were not aware of any of the acts of the accused no.1. 5. Per contra, learned counsel appearing for respondent No.2 would admit that there is nothing against accused Nos.2 to 5, while the allegation of rape and POCSO Act is only against accused no.1. 6. Learned Additional SPP would also submit that there is nothing against accused Nos.2 to 5 to be the ingredients of - 5 - HC-KAR NC: 2026:KHC:12730 CRL.P No. 526 of 2026 the offences so alleged and all the offences are only against accused no.1. 7. In the light of the aforesaid submissions and contra submissions, I deem it appropriate to notice column no.17 of the summary of the charge sheet. Perusal at column no.17 – summary of the charge sheet would not indicate any ingredients of the offences alleged except bald assertion of instigation against the accused Nos.2 to 5. This would not mean that the further trial must be permitted to continue qua accused Nos.2 to 5. Therefore, permitting further proceedings against accused Nos.2 to 5 would become an abuse of the process of law resulting in miscarriage of justice. In that light, the proceedings against accused Nos.2 to 5 stand quashed. 8. Insofar as the accused no.1 is concerned, learned counsel for the petitioners would seek leave to withdraw the petition with a request seeking direction to the concerned Court to expeditiously dispose of the proceedings. In the light of the age of the boy being 21 years at the time of the commission of the offences and the proceedings against all other accused are now being obliterated, there would be no impediment for the - 6 - HC-KAR NC: 2026:KHC:12730 CRL.P No. 526 of 2026 concerned Court to conclude the proceedings within three months from the date of receipt of a copy of this order. 9. With the aforesaid observations, the proceedings in Spl.SC.No.97/2024 pending before IV Additional District and Sessions Judge, Chikkaballapura, against accused Nos.2 to 5 stand quashed while the proceedings against the accused No.1 shall conclude within three months from the date of receipt of copy of this order. Ordered accordingly. The petition stands disposed of. In view of disposal of the petition, I.A.No.1/2026 does not survive for consideration and the same stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE AV List No.: 2 Sl No.: 16