IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^th DAY OF NOVEMBER 2020

BEFORE

THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL PETITION NO.100752/2015

BETWEEN:

Shri Kiran

s/o Chandrappa Hirekerur,

Aged 20 yrs., Occ: student

R/o Lingadahalli taluk,

Ranebennur, District Haveri.

... Petitioner

(By Sri. M.H. Patil,Advocate)

AND:

1. The State of Karnataka,

Rep. by Addl. SPP

High Court of Karnataka,

Dharwad Bench, Dharwad.

2. Sudha,

D/o Chandragoud Doddagoudra

Age major, Occ: student

R/o Lingadahalli, Tq. Ranebennur

Dist. Haveri.

.. Respondents

(By Sri. Praveen Uppar, HCGP for respondent No.1.

Sri. Dinesh M. Kulakarni, Advocate for respondent No.2)

This Criminal Petition is filed under Section 482 of the

Cr.P.C. praying to quash the charge sheet filed by PSI

Crl.P. No.100752/2015

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Halageri PS under their PS Crime No.24/2015 for the

offences punishable under Sections 17 and 18 of POCSO Act

and Section 354A and 355 of the IPC in the interest of justice

and equity which is pending on the file of the Prl. Dist and

Sessions Judge, Haveri (Special Court) Dist. Haveri.

This Criminal Petition coming on for hearing through

physical hearing/video conferencing hearing this day, the

Court made the following:

ORDER

The present petitioner, who is the sole accused in

the first respondent police station Crime No.24/2015 for

the offence punishable under Sections 17 and 18 of the

Protection of Children from Sexual Offences Act, 2012

(hereinafter for brevity referred to as the ‘POCSO Act’)

and under Sections 354A and 355 of the Indian Penal

Code, 1860 (hereinafter for brevity referred to as the

‘IPC’) and which matter is now said to be pending in the

Court of the learned Principal District and Sessions

Judge, Haveri (Special Court), has sought for quashing

the charge-sheet filed in the said crime.

Crl.P. No.100752/2015

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2.

The summary of the case of the prosecution

is that the complainant who is also the victim, is a minor

girl and the accused who is her relative, was frequently

troubling her and demanding her to accompany him and

in that regard visiting her while she was staying and

studying at Morarji Desai Residential School at Makanur

and Hubballi. The accused since being the relative of

the victim, elders in the family of the victim advised the

accused suitably, still, he did not mend his behaviour.

As such, on 02.03.2015, at about 4.30 pm when the

victim, joined by others in her family, was passing

infront of Sri Kumaraswamy Temple, all of a sudden, the

accused appeared before them and removed his chappal

that he was wearing and with that he started assaulting

the victim girl and caused hurt to her. With this, the

Investigating Officer has filed charge sheet against the

accused for the offence punishable under Sections 354A

Crl.P. No.100752/2015

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and 355 of IPC and under Sections 17 and 18 of the

POCSO Act.

3.

Learned counsel for the petitioner in his brief

argument submitted that even if the entire charge sheet

papers are taken at its face value, still, neither Section

17 nor Section 18 of the POCSO Act is attracted and at

best the alleged offence may attract only Section 354 of

IPC, as such, the petition deserves to be allowed.

4.

Per contra, learned High Court Government

Pleader for respondent No.1 and learned counsel for

respondent No.2 in their arguments submit that the

charge-sheet papers go to show that the accused has

committed the alleged offence. Since the victim is a

minor girl, Sections 17 and 18 of the POCSO Act is

attracted.

5.

A perusal of the charge-sheet papers would

go to show that the allegations made against the

accused, as observed above, is of pestering the victim girl

Crl.P. No.100752/2015

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to accompany him for walking (st