IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 9^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104993 OF 2025 (482(CR.PC)/528(BNSS))

BETWEEN:

1. SRI. ABDULREHAMAN S/O NAJEERAHEMMAD MUNSHI AGE 48 YEARS, OCC. SOCIAL WORK R/O. NEHARUNAGAR, TQ. ALNWAR, DIST. DHARWAD-581103.

2. SMT. MAIRUNNISA D/O. NAJEERAHEMMAD MUNSHI AGE 45 YEARS, OCC. HOUSEHOLD R/O. NEHARUNAGAR, TQ. ALNWAR, DIST. DHARWAD-581 103.

…PETITIONERS (BY SRI. M.M. KORIMATH, ADVOCATE)

AND:

CHANDRASHEKAR LAXMAN KATTIMANI

1. THE STATE OF KARNATAKA REP. BY S.P.P., D CH ig A it N al D ly R s A ig S n H e E d K b A y R HIGH COURT OF KARNATAKA LAXMAN KATTIMANI DHARWAD BENCH, D 16 a : t 5 e 9 : : 2 2 0 5 2 + 6. 0 0 5 2 3 .1 0 7 REPRESENTED BY ALNVAR POLICE STATION, ALNWAR, DIST. DHARWAD.

2. SMT. RUBINA W/O. SANAVULLA BASAPUR AGE 33 YEARS, OCC. HOUSEHOLD WORK, R/O. NEHARUNAGAR, NEAR MADANI MASJID, TQ.ALNAWAR, DIST.DHARWAD-581103.

…RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;

SRI. C.S. NAGASHETTI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO QUASH THE CHARGE SHEET IN SPL.SC NO.15/2024 PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS COURT DHARWAD, AT DHARWAD AGAINST PRESENT PETITIONERS NO.1 AND 2/ACCUSED NO.1 AND 2, FOR THE OFFENCES PUNISHABLE U/S 354(A), 509, 323, 504, 506 OF IPC AND SECTION 12 OF POCSO ACT AGAINST THE PETITIONER NO.1 AND SECTION 504 AND 506 OF IPC, AGAINST THE PETITIONER NO.2 TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard Sri M.M. Korimath, learned counsel for the petitioners, Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1, and Sri C.S.

Nagashetti, learned counsel for respondent No.2.

2. The petitioners are the accused persons in Special SC No.15/2024 on the file of the II Additional District and Sessions Judge, Dharwad, for offences punishable under Sections 354(A), 509, 323, 504, and 506 of the Indian Penal Code (IPC) and Section 12 of the Protection of Children from Sexual Offences Act (POCSO)

have sought for quashing the charge sheet.

3. The facts of the case, in brief and for the purposes of disposal of the present petition, are as follows:

4. Based on a complaint lodged by the mother of the victim girl, Alnavar Police registered a case in Crime No.2/2024, which was thoroughly investigated and a charge sheet filed for the aforesaid offences.

5. As against accused No.1, gist of Column No.17 of the charge sheet reveals that on 02.01.2024, at about 10:30 a.m., when the victim girl was sitting on the platform of her house, accused No.1, knowing that the victim girl was a minor and with an intention of sexual advancement, exposed his private parts and called her to the toilet. Frightened by the actions of the accused, the victim girl went inside her house, whereupon the accused followed her, abused her in filthy language, and threatened her life.

Assaulted the brother of the victim girl with a stone.

6. As against Accused No.2, when members of the victim girl’s family enquired about the indecent act of accused No.1, at about 04:00 p.m., accused No.2 abused the complainant party, displayed a sickle, and threatened their lives.

7. The learned Special Judge, after registering the case, took cognizance of the offences, summoned the accused persons, and is proceeding with the trial.

8. Being aggrieved by the same, the petitioners are before this Court.

9. Sri M.M.Korimath, learned counsel for the petitioners would contend that the victim girl while furnishing her statement before the PSI has not stated any ingredients to attract the offences alleged against the petitioners and therefore, very filing of the charge sheet has resulted in abuse of process of law.

10. He would further contend that entire allegations made against the petitioners are imaginary in nature as no such incident has taken place and with an ulterior motive,