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2026 DAILYLAW 26971 (KAR)

RAMANAYYA HEREMAT v. THE STATE OF KARNATAKA

CRL.P/4726/2026 · 2026-07-03

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33467 CRL.P No. 4726 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4726 OF 2026 BETWEEN: 1. RAMANAYYA HEREMAT S/O MUNISWAMY HIREMAT AGED ABOUT 59 YEARS BUSINESS DURGA DEVI NAGARA MUDARGI TOWN GADAG DISTRICT-577213. 2. SMT. PALLAVI W/O RAMANAYYA HIREMAT AGED ABOUT 50 YEARS DURGA DEVI NAGARA MUDARGI TOWN GADAG DISTRICT-577213. 3. PRABHU HIREMAT S/O RAMANAYYA HIREMAT AGED ABOUT 28 YEARS DURGA DEVI NAGARA MUDARGI TOWN GADAG DISTRICT-577213. …PETITIONERS (BY SRI: DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33467 CRL.P No. 4726 of 2026 THE STATION HOUSE OFFICER HARIHAR TOWN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. 2. GEETHA A. HIREMAT W/O ASHOKA HIREMAT AGED ABOUT 45 YEARS R/A 4TH MAIN, 5TH CROSS J.C.BADAVANE, MUNDARGI VILLAGE MUNDARGI TALUK GADAG DISTRICT-577213 …RESPONDENTS (BY SRI: K NAGESHWARAPPA, HCGP FOR R1) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED UNDER SECTION 528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.146/2023 DATED 11.08.2023 REGISTERED BY THE HARIHARA TOWN P.S. ON THE FILE OF THE 2ND ADDL.DIST. SESSIONS JUDGE, DAVANAGERE DIST,FOR THE OFFENCE P/U/S 363,376(2)(n),506 OF THE IPC 1860 READ WITH SECTIONS 4,6 OF THE POCSO ACT 2012 NOW REGISTERED AS SPL.CASE NO.714/2023 ON THE FILE OF HONBLE COURT OF 2nd ADDL.DISTRICT AND SESSIONS JUDGE AT DAVANAGERE (FTSC-1) AGAINST THE PETITIONERS ACCUSED NO.3,4,5. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before the Court seeking the following prayer: - 3 - HC-KAR NC: 2026:KHC:33467 CRL.P No. 4726 of 2026 "Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to quash the FIR in Crime No.146/2023 dated 11/08/2023 registered by the Harihara Town Police Station for the offences punishable under Sections 363, 376(2)(n) and 506 of the Indian Penal Code, 1860, read with Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, pending on the file of II Additional District and Sessions Judge, Davanagere District, against the petitioners accused 3, 4 & 5 and grant such other and further reliefs as this Hon'ble Court deems fit to grant in the interest of justice and equity." 2. The offences are the one punishable under Sections 363, 376(2)(n), 114 506 of the IPC and Sections 6 and 17 of the POCSO Act. 3. Learned counsel for the petitioners submits that the petitioners are father, mother or other members who are not involved in the incident, as the allegation of penetrative sexual assault is on accused No.1. 4. Learned High Court Government Pleader, on verification of the records would submit that, the trial has commenced and the matter is the stage of evidence. 5. In that light, there would be no warrant of interference at the hands of this Court at this juncture. However, in light of the offences being one punishable under POCSO Act, a trial in the said case shall stand concluded within - 4 - HC-KAR NC: 2026:KHC:33467 CRL.P No. 4726 of 2026 an outer limit of six months from the date of receipt of the copy of the order, if not earlier. All contentions would remain open to be urged before the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE BGN List No.: 1 Sl No.: 7