IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103014 OF 2023 BETWEEN:

KALLAPPA S/O. FAKKIRAPPA KURI, AGE: 25 YEARS, OCC: WORKING AT PVT. COMPANY R/AT: HERIMAILIGWAD, TQ:DIST: DHARWAD – 580 005.

…PETITIONER (BY SRI. YOGESH MANOHAR DESAI, ADVOCATE)

AND:

1. STATE OF KARNATAKA, RURAL POLICE STATION DHARWAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA – 580 011.

2. SHIVAPPA S/O. BHEEMAPPA ODEYAR, AGE: 45 YEARS, OCC: AGRICULTURE, R/AT: HERIMAILIGWAD Digitally signed by TQ:DIST: DHARWAD – 580 005.

MOHANKUMAR B SHELAR Location: High …RESPONDENTS Court of Karnata ka, Dharwad Bench, (BY SRI RAMESH B. CHIGARI, AGA FOR R1;

Dharwad R2 SERVED)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.

SEEKING TO ALLOW THIS PETITION AND QUASH THE FIR COMPLAINANT AND CHARGE SHEET SPL. SC NO. 18/2023 BY THE DHARWAD RURAL POLICE/RESPONDENT POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SEC. 354(A) 354 (D) 506, OF IPC AND 12 OF POSCO ACT WHICH IS PENDING BEFORE THE 2^ND ADDL. DISTRICT AND SESSIONS JUDGE/SPECIAL COURT AT DHARWAD, AGAINST THE PETITIONER. GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by the sole accused praying to quash the FIR, complaint and the charge-sheet in Special S.C. No.18/2023 pending on the file of the learned II Additional district and Sessions Judge/Special Court, Dharwad, registered for the offences punishable under Sections 354A and 354B and 506 of the Indian Penal Code (hereinafter referred to as the ‘IPC’, for short) and Section 12 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’, for short).

2. The case of the prosecution as per Column 17 of the charge-sheet is that, on 21.12.2022, at about 9:00am, when the victim girl, aged about 17 years 5 months, was standing waiting for the bus, at that time, this petitioner/accused made her hand signal, raised his eye brow, made tata and forced her to love him and teased her and told her that if she does not love him, he will kill her family members and committed the offences under Sections 354A, 354B and 506 of IPC and Section 12 of the POCSO Act. Based on the said charge-sheet, a case came to be registered against the petitioner in Special S.C. No.18/2023 pending on the file of the learned II Additional District and Sessions Judge/Special Judge, Dharwad. The proceedings of the said case are sought to be quashed by the petitioner/accused.

3. Heard the learned counsel for the petitioner and the learned AGA for respondent No.1/State. Despite service of notice, respondent No.2 has remained unrepresented.

4. Learned counsel for the petitioner would contend that the victim girl in her statement before the Police and the statement recorded by the Magistrate under Section 164 of Cr.P.C. has given two different versions. The father of the victim, who has filed the complaint, is not an eyewitness to the incident. The attendance register of the petitioner issued by the Bharat Petroleum Corporation Limited, Dharwad, indicates that, he attended his duties on 21.12.2022 and therefore he was not at the spot at the time of the incident. The proceedings are initiated to take revenge against the petitioner, as he stopped working under the father of the petitioner. With this, he prayed to allow the petition.

5. Learned AGA would contend that the incident has been witnessed by 4 eyewitnesses, who are cited as CWs.5 to 8. The statement of CWs.5 to 8 establish the prosecution case. With this, he prayed for dismissal of the petition.

6. Having heard the learned counsel, the Court has perused the charge-sheet material.

7. The specific allegation against the petitioner is that on 21.12.2022, at about 9:00am whe