IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14375 OF 2024 (482(Cr.PC)/528(BNSS))

BETWEEN:

G.VENKATESH S/O.LATE GOWRAPPA AGED ABOUT 54 YEARS R/AT DIBBURALLI VILLAGE SIDLAGHATTA TALUK SIDLAGHATTA-562 105 CHIKKABALLAPURA DISTRICT …PETITIONER (BY SRI V.S.HEGDE FOR SRI B.J.ROHITH GOWDA, ADVOCATES)

AND:

1. STATE OF KARNATAKA BY SIDLAGHATTA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING KALABURAGI-585 103 Digitally signed by B

2. SRI DEVARAJA LAVANYA S/O.LATE RAMANNA Location:

AGED ABOUT 38 YEARS HIGH R/AT HANUMANTHAPURA VILLAGE COURT OF KARNATAKA SIDLAGHATTA TALUK SIDLAGHATTA-562 105 CHIKKABALLAPURA DISTRICT …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R-1;

R-2 IS SERVED AND UNREPRESENTED)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC. (FILED UNDER SECTION 528 OF BNSS) PRAYING TO QUASH THE CHARGE SHEET AND CONTINUATION OF FURTHER PROCEEDINGS IN SPL.S.C.NO.120/2024 PENDING ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC- 1, CHIKKABALLAPURA FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(f), 506 OF IPC AND SECTIONS 5(1) 5(f), 6, 7, 8, 11 AND 12 OF THE POCSO ACT VIDE ANNEXURE -

C.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

"a. To Quash the charge sheet and continuation of further proceedings in case bearing Spl.S.C.No.120/2024 pending on the file of Addl. District and Sessions Judge, FTSC-1 at Chikkaballapura for the alleged offences punishable under Sections 376(2)(f), 506 of IPC and Sections 5(1), 5(f), 6, 7, 8, 11, and 12, of POCSO Act, the copy of which is produced as Annexure-C to meet the ends of justice and equity.

b. And also such other and further relief's as this Hon'ble Court deems fit considering the facts and circumstances of the case to meet the ends of justice."

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent No.1. Perused the material on record. Respondent No.2 has been served with notice on the petition and has chosen to remain unrepresented and has not contested the petition.

3. A perusal of the material on record would indicate that respondent No.2-de facto complainant is the father of the minor victim girl against, whom the petitioner is said to have committed the offences punishable under Sections 376(2)(f), 506 of IPC and Sections 5(1), 5(f), 6, 7, 8, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012. The said complaint was registered as an FIR against the petitioner-sole accused in Crime No.124/2024 dated 27.05.2024, pursuant to which, respondent No.1- Police authorities conducted the investigation and filed impugned chargesheet which is pending consideration in Spl.SC.No.120/2024 before the trial Court for the offences punishable under Sections 376(2)(f), 506 of IPC and Sections 5(1), 5(f), 6, 7, 8, 11 and 12 of the Protection of Children from Sexual Offences Act, 2012.

4. In this context, it is relevant to state that during the course of investigation, the Police authorities referred the foetus to the Forensic Science examination by way of a DNA test and report in this regard was obtained by the Police authorities, which is as under:

"GOVERNMENT OF KARNATAKA State Forensic Science Laboratory, Madiwala, Bengaluru 560068 Tel.No.080-22943763,080-25532910;

Fax:080-22943763 Email: sfslblor@ksp.gov.in Dated: 29/07/2024 FLMS Reg.No : FSL(BE)/FLMS/6471/2024 FLMS Report No : FSL/FLMS/DNA/1241/2024 From The Director State Forensic Science Laboratory Madiwala, Bengaluru city To The Deputy Superintendent of Police Chintamani Sub-Division Chickballapura District Ref: Your Letter No: SDPO/CMANI/FSL/110/2004 TEST REPORT The Articles/Documents sent in Cr No.

124/2024 of Shidlagatta Rural PS U/S U/S 376(2)(F) IPC, & U/S 5(F),8, 12 Protection Of Children F