- 1 - HC-KAR NC: 2026:KHC-D:2035 CRL.P No. 105122 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.105122 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. SHIVANAND S/O. BASAVARAJ DONI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. 232, LOLASUR VILLAGE-591307, TAL. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. P.G. NAIK, ADVOCATE) AND: 1. THE STATE R/BY STATE PUBLIC PROSECUTOR, DHARWAD BENCH, DHARWAD, (GHATAPRABHA POLICE)BELAGAVI PS. 2. SMT. SHOBHA SUBHAS HUDED, AGE. 40 YEARS, OCC. HOUSEHOLD WORK, R/O. LOLALSUR VILLAGE-591307, TAL. GOKAK, DIST. BELAGAVI (INFORMANT AND MOTHER OF VICTIM) …RESPONDENTS (BY SMT. KIRTILATA R. PAITL, HCGP FOR R1; SRI. VISHWANATH V. BADIGER, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED IN SPECIAL CASE NO. 273/2025 GHATAPRABHA PS CR.NO. 48/2025 GHATAPRABHA POLICE STATION PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI IN REGARD TO THE CHARGE SHEET FILED FOR THE OFFENCES /U/SEC. 96, 64(2)(M) OF BNS, 2023 AND SEC. 4, 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 AND CONSEQUENTLY, THE ORDER DATED 29.10.2025 PASSED IN SPECIAL CASE NO. 273/2025 DISMISSING THE APPLICATION BY ACCUSED NO. FOR THE OFFENCE P/U/SEC. 96, 64(2) (m) OF BNS, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:57 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2035 CRL.P No. 105122 of 2025 2023 AND SEC. 4, 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 FOR DISCHARGE BY THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-I, BELAGAVI MAY BE SET ASIDE AND ETC.,. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri P.G.Naik, learned counsel for the petitioner, Smt. Kirtilata R.Patil, learned High Court Government Pleader and Sri Vishwanath V. Badiger, learned counsel for respondent No.2. 2. Perused the material on record. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the following prayer: “(a) to quash the proceedings against the petitioner/accused No.1 in Special Case No.273/2025 Ghataprabha Police Station Crime No.48/2025 pending on the file of the Addl.District and Sessions Judge, FTSC- I, Belagavi, in regard to the charge sheet filed for the offences punishable u/Sec 96, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 and Section 4, 6 of Protection of Children from Sexual Offences Act, 2012, in the said case. (b) Consequently, the Order dated 29.10.2025 passed in Special Case No.273/2025 dismissing the application by accused No.1 for discharge for the offences u/Sec 96, 64(2)(m) of Bharatiya Nyaya Sanhita, 2023 and Section - 3 - HC-KAR NC: 2026:KHC-D:2035 CRL.P No. 105122 of 2025 4, 6 of Protection of Children from Sexual Offences Act, 2012, for discharge by the Addl. District and Sessions Judge, FTSC-I, Belagavi, may kindly be set-aside.” 3. After hearing the arguments of the parties and noting the fact that the victim girl has supported the case of the prosecution, no power can be exercised under Section 528 of the Bharatiya Nyaya Sanhita, 2023, to quash the pending proceedings. 4. Accordingly, petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE kcm, CT:CMU LIST NO.: 1 SL NO.: 76