IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 15033 OF 2025

BETWEEN:

MAHESH @ MAHESHWARAPPA A.K.

AGED ABOUT 28 YEARS, S/O CHANDRAPPA A.K.,

RESIDING AT DODDERAHALLI VILLAGE,

HONNALI TALUK, DAVANAGERE,

KARNATAKA-577 217.

…PETITIONER

(BY MS. NIKHITHA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY WOMEN POLICE STATION,

DAVANGERE,

Digitally REPRESENTED BY THE SPP,

signed by

LAKSHMI T HIGH COURT OF KARNATAKA,

Location:

High Court BENGALURU-560 001.

of Karnataka

2. MAHANTHASWAMY PUJAR

AGED 35 YEARS,

S/O VEERAYYA PUJAR,

THE CHILD DEVELOPMENT

PROJECT OFFICER,

HONAHALLI TALUK, DAVANGERE,

KARNATAKA-577 002.

…RESPONDENTS

(BY SRI. RAHUL RAI K., HCGP FOR R1)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET IN S.C.NO.79/2025 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 35, 114, 370(4) INDIAN PENAL CODE, SECTION 87, 81 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND SECTION 10 THE CHILD CARE AND PROTECTION ACT 2004. WHICH IS ARISING OUT OF CRIME NO.87/2020 REGISTERED BY THE RESPONDENT NO.1 I.E., HONNALI P.S., FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 35, 114, 370(4) INDIAN PENAL CODE, SECTION 87, 81 JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 AND SECTION 10 THE CHILD CARE AND PROTECTION ACT 2004 SAME IS PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS COURT, DAVANAGERE DISTRICT.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Petitioner is seeking to quash the charge sheet in SC No.79/2025 pending on the file of the Court of the Principal District and Sessions Court, Davangere District, Davangere.

2. Chargesheet is filed against accused Nos.1 to 5 for the offence punishable under Section 35, 114 and 370(4) of IPC, Section 81 and 87 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 10 of the Child Care and Protection Act, 2004.

3. The instant petition seeking quashing is filed on the ground that there are no materials against the petitioners to connect them to the crime and the only allegation is that at their instigation accused Nos.1 to 3 have conspired together and by paying a sum of Rs.5,000/-, the child born to accused No.1 was sold to accused Nos.2 and 3.

4. The police, on completion of investigation has filed the chargesheet arraigning the petitioner as accused Nos.5.

5. As per chargesheet, accused No.1 gave birth to a male child on 20.5.2020. Accused Nos.4 and 5 were working in the General Hospital, Honnali. Both of them are alleged to have instigated to sell the said child to accused No.2 and her sister accused No.3. After accused No.1 was discharged from the hospital, both accused Nos.4 and 5 secured accused Nos.2 and 3 near the hospital and then took them to Honnali Bus stand and facilitated accused No.1 to sell the child to accused Nos.2 and 3 for Rs.5,000/-.

6. In this case, the chargesheet is already filed.

No grounds are made out to quash the proceedings. It is always open for the petitioner to file discharge application before the trial Court, if there are no materials collected by the prosecution to include him as an accused in the case. If any such application is filed, the trial Court shall consider and dispose of the same in accordance with law.

7. Petition is disposed of. Consequently, pending I.A. is disposed of.

Sd/-

(MOHAMMAD NAWAZ)

JUDGE TL List No.: 1 Sl No.: 65