- 1 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13717 OF 2024 BETWEEN: MS. SHARADA PURYA NAIK W/O PURYA NAIK AGED ABOUT 53 YEARS R/A ASHIRVADA NILAYA 2ND CROSS, BASAVESHWARA NAGAR NEAR WATER TANK, SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. NISHANTH A.V, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUMSI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS. 2. M.E. JAYAPRAKASH S/O ESHWARAPPA AGED ABOUT 47 YEARS TECHNICAL ASSISTANT TUNGA UPPER PROJECT SHIVAMOGGA. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; R2 - SERVED) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1) QUASH THE CHARGE SHEET DATED 14.06.2023 FILED BY RESPONDENT NO.1 AGAINST THE PETITIONER IN CR.NO.0073/2023 REGISTERED AS C.C. NO.3883/2024 PENDING ON THE FILE OF THE XLII ADDL. CJM, BENGALURU CITY, BENGALURU FOR OFFENCE P/U/S 75 OF JUVENILE JUSTICE ACT, 2015 AND SEC. 14 OF CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: (a) Quash the charge sheet dated 14.06.2023 filed by Respondent No.1 against the Petitioner in crime No.0073/2023 registered as C.C.No.3883/2024 pending on the file of the XLII Additional Chief Judicial Magistrate, Bengaluru City, Bengaluru for offence punishable under Section 75 of Juvenile Justice Act, 2015 and Sec.14 of Child & Adolescent Labour (Prohibition & Regulation) Act, 1986 vide Annexure-C; - 3 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 (b) Set aside the order dated 03.02.2024 passed by XLII Additional Chief Judicial Magistrate, Bengaluru City, Bengaluru tasking cognizance in respect of the Petitioner vide Annexure-D; (c) Quash the entire proceedings in C.C.No.3883/2024 (Crime No.0073/2023) pending on the file of the XLII Additional Chief Judicial Magistrate, Bengaluru City, Bengaluru for offence punishable under Section 75 of Juvenile Justice Act, 2015 and Sec. 14 of Child & Adolescent Labour (Prohibition & Regulation) Act, 1986; (d) Pass such other order/s, grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Nishanth A.V., learned counsel appearing for the petitioner and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1. 3. The petitioner gets embroiled in a crime in crime No.73/2023 for offence punishable under Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. The police conduct investigation and file a charge sheet. Now, for an offence punishable under Section 75 of the Juvenile Justice Act, all for the reason of alleged children participating in a particular election rally. - 4 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 4. The learned counsel appearing for the petitioner taking this Court through the documents appended to the petition would seek to demonstrate that children were never used for election rally. The petitioner never bought any children for the purpose of rally, but the school being adjacent, the children had come out and accompanied to the procession, that would not mean that the petitioner become liable for prosecution under Section 75 of the Juvenile Justice Act. 5. In identical circumstances, the co-ordinate Bench in the case of NINGARADDI HANAMARADDI KONARADDI Vs. THE STATE OF KARNATAKA & ANOTHER in Crl.P.No.12840/2024 disposed on 11.07.2025 has held as follows: "3. In addition to reiterating various contentions urged in the petition and referring to the material on record, learned Senior counsel for the petitioner would invited my attention to the impugned FIR in order to point out that though in the first instance, offences punishable under Section 188 of Indian Penal Code, 1860 and Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'the Act' for short) were invoked as against the petitioner – accused and subsequently, cognizance was taken only in relation to Section 79 of the said Act and was pending in the impugned C.C.No.4135/2024. In the said proceedings, the petitioner filed an application under Section 239 of the Code of Criminal Procedure, 1973 seeking discharge, which was rejected by the Trail Court despite coming to the conclusion that Section 79 of Act - 5 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 was not applicable to the facts of the instant case. In this context, it is submitted that the Trial Court came to the erroneous conclusion that the offences under Section 3 of the Child and Adolescent (Prohibition and Regulation) Act, 1986 (hereinafter referred to as 'the 1986 Act' for short) were applicable though the ingredients of the said provision were not attracted to the facts of the instant case. 4. Per contra, learned Additional SPP for the 1st respondent submits that there is no merit in the petition and that the same is liable to the dismissed. 5. Before adverting to rival submissions, it would be necessary to extract Section 79 of Juvenile Justice (Care and Protection of Children) Act, 2015; so also, Section 3 of the 1986 Act, which are as under: 79. Exploitation of a child employee Notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees. Explanation.--For the purposes of this section, the term "employment" shall also include selling goods and services, and entertainment in public places for economic gain. 3. Prohibition of employment of children in any occupations and processes.—(1) No child shall be employed or permitted to work in any occupation or process. (2) Nothing in sub-section (1) shall apply where the child, — (a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; (b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other - 6 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 entertainment or sports activities except the circus, subject to such conditions and safely measures, as may be prescribed: Provided that no such work under this clause shall effect the school education of the Child. Explanation.—For the purposes of this section, the expression, (a) “family” in relation to a child, means his mother, father, brother, sister and father’s sister and brother and mother’s sister and brother; (b) “family enterprises” means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons; (c) “artist” means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section (2). 6. In this regard, a perusal of the impugned order would clearly indicate that the Trial Court has come to a categorical conclusion that Section 79 of the Act would not be applicable to the facts of the instant case and the petitioner cannot be incriminated for the said offences. Despite having come to the said conclusion, the Trial Court clearly fell in error in coming to the erroneous conclusion that the ingredients of Section 3 of 1986 Act were applicable which was not only contrary to the material on record but also the aforesaid provisions. 7. At paragraph-12 of the impugned order, the Trial Court holds that the petitioner cannot be discharged for the offence punishable under Section 3 of the 1986 Act on the ground that the petitioner was involved in the process, without appreciating that for the purpose of being involved in the process, the necessary pre- - 7 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 condition was that he should have been employed, which had been already held in favour of the petitioner by the trial court, while coming to the conclusion that Section 79 of the Act was not applicable to the petitioner. Having come to the said conclusion, the trial court clearly fell in error in holding that the petitioner cannot be discharged for an offence punishable under Section 3 of the 1986 Act. Under these circumstances, I am of the view that the impugned order dated 04.10.2024 Annexure-F passed in C.C.No.4135/2024 is erroneous and illegal and the same deserves to be set aside and the application filed by the petitioner for discharge deserves to be allowed. 8. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order at Annexure-F dated 04.10.2024 passed in C.C.No.4135/2024 by the trial court is hereby set aside. (iii) The application filed under Section 239 Cr.P.C. seeking discharge is hereby allowed and the petitioner is discharged from the offences alleged against him." In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. 6. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is allowed. (ii) The proceedings in C.C.No.3883/2024 pending on the file of XLII Additional Chief Judicial - 8 - HC-KAR NC: 2026:KHC:28472 CRL.P No. 13717 of 2024 Magistrate, Bengaluru City, Bengaluru stands quashed. (iii) The application filed under Section 239 of the Cr.P.C. seeking discharge is hereby allowed and the petitioner is discharged from the offences alleged against her. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 4