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W.P.No.6753/2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JUNE, 2021

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION No.6753 OF 2021(GM RES)

BETWEEN:

SRI. PRAKASH KANCHER

S/O. NAGAPPA,

AGED ABOUT 54 YEARS,

R/AT GUDUR, HUNGUND TALUK,

BAGALKOT DISTRICT – 587 101.

… PETITIONER

(BY SRI. VAIDYA RAVI LAXMINARAYANA, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

REPRESENTED BY SECRETARY

MINISTRY OF HOME AFFAIRS,

AMBEDKAR VEEDHI, VIDHANA SOUDHA,

BENGALURU – 01.

2.

INVESTIGATING OFFICER,

SPECIAL INVESTIGATION TEAM,

CRIME NO.30/2021

STATE OF KARNATAKA.

3.

INVESTIGATING OFFICER,

CUBBON PARK POLICE STATION,

BENGALURU CITY,

BENGALURU – 560 001.

... RESPONDENTS

(BY SRI. P.PRASANNA KUMAR, SPL. P.P, FOR R1

SRI. SANKET M.YERAGI, ADV. FOR IMPLEADING

APPLICANT ON I.A.2/2021)

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W.P.No.6753/2021

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA R/W

SECTION 482 OF CR.P.C. PRAYING TO QUASH THE

STATEMENT OF SWATHI KANCHAR (DAUGHTER OF

THE PETITIONER) RECORDED UNDER SECTION 164

OF

CR.P.C.

IN

CRIME

NO.30/2021

BEING

INVESTIGATED BY R-2; AND ETC.,

THIS WRIT PETITION COMING ON FOR ORDERS,

THIS DAY THROUGH VIDEO CONFERENCE, THE COURT

MADE THE FOLLOWING:

O R D E R

Heard the learned counsel for the petitioner,

learned

Special

Public

Prosecutor

for

the

first

respondent and the learned counsel for the impleading

applicant who was heard as an intervener in the matter.

2.

This writ petition is filed with a prayer to

quash the Section 164 of Cr.P.C statement of the victim

girl in Cr.No.30/2021 registered by Cubbon Park Police

Station for the offences punishable under Sections

354(A), 506, 504, 376(c), 417 of IPC and Section 67(A) of

the Information Technology Act, 2000.

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W.P.No.6753/2021

3.

Brief facts of the case that would be

necessary for the purpose of disposal of the petition are

as follows:

On the complaint of the victim girl, the Cubbon

Park Police, Bangalore city, have registered FIR in

Cr.No.30/2021 for the offences punishable under

Sections 354(A), 506, 504, 376(c), 417 of IPC and

Section 67(A) of the Information Technology Act, 2000,

against the accused person named in the complaint.

The FIR was registered on 26.03.2021. Though the

complaint

was

lodged

on

26.03.2021

itself,

the

investigating officer had not recorded the statement of

the

complainant.

Therefore,

on

30.03.2021,

the

complainant has appeared before the Jurisdictional

Magistrate and at her request her statement under

Section 164 Cr.P.C. was recorded. The petitioner who is

the father of the victim girl has filed this writ petition

challenging recording of such a statement by the

Jurisdictional Magistrate on the ground that the said

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W.P.No.6753/2021

statement was not a voluntary statement and his

daughter was under extraneous influence which had

compelled her to make such a statement.

4.

The learned counsel for the petitioner has

submitted that his daughter is victimized and the

reputation of the entire family is at stake. He submits

that his daughter was not produced by the investigating

officer before the trial Court and on the other hand it is

an advocate who has produced his daughter before the

learned Magistrate and this itself will go to show that

she is under the influence of some persons. He submits

that recording of such a statement is illegal and

unsustainable under law.

5.

Per contra, learned Special Public Prosecutor

submits that the evidentiary value of statement under

Section 164 of Cr.P.C. recorded before the Jurisdictional

Magistrate cannot be gone into at this stage and it is a

subject matter of trial. He submits that the petitioner

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W.P.No.6753/2021

has earlier filed a habeas corpus petition before the

Division Bench of this Court and in the said

pro