- 1 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 143 OF 2025 BETWEEN: STATE OF KARNATAKA, BY WOMEN POLICE STATION, CENTRAL SUB-DIVISION, MANGALURU. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU. …PETITIONER (BY SRI. ANOOP KUMAR.M.V., HCGP) AND: 1. MARSHAL FERRAO, S/O., MANUEL FERRAO, AGED ABOUT 72 YEARS, R/AT DOOR NO.2-125A, ARKANA SUBBI MOOLE HOUSE, KURNAD POST, PHAJEER, BANTWAL TALUK, D.K. DISTRICT - 574 199. 2. RICHARD D'SOUZA, S/O SAVIRA D'SOUZA, AGED ABOUT 39 YEARS, R/AT SUNNANGALA HOUSE, VORKADY, KASARAGOD TALUK, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 KERALA STATE - 671 323. 3. SANTHOSH LOBO, S/O RICHARD LOBO, AGED ABOUT 40 YEARS, R/AT DOOR NO.1-83/2, BADAKABAIL HOUSE, BALTHILA VILLAGE AND POST, BANTWAL TALUK, D.K. DISTRICT - 574 253. 4. SMT. NASEEMA, W/O K.M. RAVOOF, AGED MAJOR, R/AT MANJANDAY MASJEED RENT HOUSE, MANJANADY, ULLAL TALUK, MANGALURU CITY, D.K. DISTRICT - 575 018. …RESPONDENTS THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 24.07.2024 PASSED IN SPL.C.NO.88/2024 ON THE FILE OF COURT ADDL.DISTRICT AND SESSIONS JUDGE, FTSC-I (SPECIAL COURT FOR POCSO CASES), D.K., MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER State is before this Court in this Criminal revision petition filed under Section 397 read with Section 401 of - 3 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 Cr.PC with a prayer to set aside the order dated 24.07.2024 passed in Spl.C.No.88/2024 by the Court of Additional District and Sessions Judge, FTSC-I, (Special Court for POCSO Cases), Mangaluru, D.K. 2. Heard the learned HCGP for the petitioner. 3. Respondent Nos.1 to 3 herein who are arrayed as accused Nos.1 to 3 in Spl.C.No.88/2024 which is pending before the Court of Additional District and Sessions Judge, FTSC-I, (Special Court for POCSO Cases), Mangaluru, D.K registered for offences punishable under Sections 354, 354D, 323, 504, 506 of IPC read with Section 8 of the Protection of Children from sexual Offences Act, 2012 (for short 'POCSO Act'), had filed an application under Section 227 of Cr.PC before the Trial Court with a prayer to discharge them of the charge sheeted offences. The Trial Court, vide the order impugned, has partly allowed the application and has discharged accused Nos.1 to 3 only for the offence - 4 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 punishable under Section 8 of POCSO Act. Aggrieved by the same the state is before this Court. 4. Learned HCGP submits that the victim girl who is a minor has made allegation in her statement recorded under Section 164 of Cr.PC which would clearly attract Section 8 of the POCSO Act. The Trial Court has failed to appreciate the said aspect of the matter and has erred in discharging accused Nos.1 to 3 for offence punishable under Section 8 of the POCSO Act. 5. In the first information, which is filed by the mother of the victim girl, who was aged about 9 years, it is stated that on 07.01.2024 at about 07.00 p.m. when the husband of the first informant was traveling in his two-wheeler along with the victim girl, accused Nos.1 to 3 named in the FIR abused him using filthy language and threatened him and the victim girl with dire consequences. The husband of the first informant therefore took the victim girl inside a school premises and the accused, who - 5 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 came there, continued abusing him using filthy language and pushed the victim girl to the ground. Thereafter when the first informant was on her way to the police station, accused once again followed her and tried to pull the hand of the victim girl. Subsequently, on 10.01.2024 and on 13.01.2024, the accused persons allegedly had come near the house of the first informant and had behaved indecently. First information in respect of the alleged incident that had taken place on 07.01.2024 was belatedly filed on 23.01.2024, which is after a lapse of 16 days from the alleged date of incident. 6. It is relevant to note here that immediately after the incident had taken place on 07.01.2024, father of the victim who is cited as charge sheet witness No.3 in the present case had approached the Konaje Police Station on 07.01.2024 itself and in the complaint given by him, he had stated that he had certain monetary transaction with the accused and in this background, they had abused him on 07.01.2024, when he was with his daughter. In his - 6 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 complaint, he had requested the police to summon the accused persons and warn them not to trouble him in future. Accordingly, on 08.01.2024 police had summoned accused Nos.1 to 3 and after recording their statement, the complaint given by the father of the victim was closed on 12.01.2024. 7. CW.4 who is an eye-witness to the alleged incident that had taken place on 07.01.2024 has not made any allegation with regard to manhandling of the minor victim girl as alleged in the belated complaint, which was filed by the mother of the victim girl after the complaint filed by her husband was closed. Even in the first information which is filed by the mother of the victim girl and also in the statement of the victim girl that was recorded on 08.12.2024 under Section 164 of Cr.PC, there is no such allegation that the accused persons had manhandled the victim girl with any sexual intent. Section 8 of the POCSO Act reads as follows: - 7 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 "Section 8. Punishment for sexual assault- Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine." 8. The word sexual assault is defined under Section 7 of the Act, which reads as follows: "Section 7: Sexual assault- Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault." 9. Allegation found against the accused either in the first information or in the statement of the victim girl recorded under Section 164 of Cr.PC, do not contain the necessary ingredients so as to attract the offence punishable under Section 8 of the POCSO Act. Therefore, the Trial Court was completely justified in partly allowing the discharge application and discharging accused Nos.1 to - 8 - HC-KAR NC: 2026:KHC:8211 CRL.RP No. 143 of 2025 3 for offence punishable under Section 8 of the POCSO Act. I do not find any illegality or irregularity in the said order which calls for interference by this Court. Accordingly, the Criminal revision petition is dismissed. 10. In view of the disposal of this Criminal revision petition, I.A.No.1/26 does not survive for consideration. Accordingly, the same is disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 13