IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH 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, Digitally S/O., MANUEL FERRAO, signed by KAVYA R AGED ABOUT 72 YEARS, Location: R/AT DOOR NO.2-125A, High court ARKANA SUBBI MOOLE HOUSE, of Karnataka 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, 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 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 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 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