-1-

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 11^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

CRL.P.NO.102412 OF 2017

BETWEEN

SRI.HANUMESH @ HANUMESHA

@ MADHUSUDAN TEJA @ BABU @ RISHI

S/O LATE HANUMANTHAPPA,

AGE:32 YEARS, OCC:TEACHER,

R/O AMBEDKAR COLONY,

SHIVAPURA (V), TAL:GANGAVATI,

DIST:KOPPAL.

...PETITIONER

(BY SRI. SRINAND A PACHHAPURE, ADV.,)

AND

1.

STATE OF KARNATAKA

THROUGH THORANAGAL POLICE STATION,

NOW REP. BY SPP.

HIGH COURT OF KARNATAKA,

BENCH AT DHARWAD.

2.

SRI. RAJANNASA KATVA

S/O LATE NARAYANASA

AGE:43 YEARS,

OCC:SHOPKEEPER,

-2-

R/O:SBM BANK, THORANGALLU VILLAGE,

TAL:SANDUR, DIST:BALLARI.

…RESPONDENTS

(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1;

SRI. K. S. PATIL, ADV., FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN

SPECIAL CASE NO.127/2016 ON THE FILE OF I-ADDITIONAL

DISTRICT AND SPECIAL JUDGE, BALLARI REGISTERED FOR THE

ALLEGED OFFENCES PUNISHABLE UNDER SECTION 376, 354, 354-

A, 504, 506 R/W SECTION 34 OF IPC, SECTION 4, 8, 12, 14, 15

AND 17 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES

ACT, SECTION 67(A) AND SECTION 67(B) OF INFORMATION

TECHNOLOGY ACT, 2008.

THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

This is a petition filed under Section 482 of Cr.P.C.,

seeking quashing of the entire proceedings in Special Case

No.127/2016 on the file of the I-Additional District and

Special Judge, Ballari for offences punishable under

sections 376, 354, 354A, 504, 506 read with section 34 of

-3-

Indian Penal Code (for short “IPC”) and Sections 4, 8, 12,

14, 15 and 17 of the Prevention of Children from Sexual

Offences Act, 2012 (for short “POCSO Act”), Section 67(A)

and 67(B) of Information Technology Act, 2008 (for short

“I.T. Act”).

2. The brief facts are that on 10.05.2016, one

Rajannasa,

the

father

of

victim

girl

had

lodged

a

complaint before the Gandhinagar Police Station, Ballari

which was registered in Crime No.86/2016 making an

allegation

that

the

petitioner

herein

was

a

dance

instructor for the victim girl aged about 13 years at the

time of the incident and he had taken her away on

10.05.2016 on the pretext of an outstation dance camp

and thereafter had committed various offences punishable

under IPC and POCSO Act. The said case was investigated

and charge sheet came to be filed on 08.12.2016 for the

offences punishable under sections 363, 366, 354(1)(ii)

and Sections 8 and 12 of POCSO Act, which was registered

as Special Case No.3/2017 before the learned District and

-4-

Sessions Judge, Ballari and it is stated that the same is

pending for trial.

3. The same complainant Rajannasa, the father of

victim girl, lodged another complaint dated 16.07.2016

before the Thorangal Police station in Crime No.73/2016

alleging that on 15.07.2016 during the night, the present

petitioner along with three others were circulating some

pamphlets which were extremely derogatory and offensive

to the victim girl. After investigation, charge sheet was

filed in the said case on 15.11.2016 which was numbered

as Special Case No.127/2016 before the learned I-

Additional District and Sessions Judge and Special Judge,

Ballari.

4. Learned counsel for the petitioner in support of

his petition seeking quashing of Special Case No.127/2016

before the learned I-Additional District and Special Judge

Ballari submits before me that in both charge sheets in

Special Case No.3/2017 and Special Case No.127/2016

before the learned Additional Sessions Judge and Special

-5-

Judge, Ballari, the petitioner herein is made to face trial

on the same set of allegations which is impermissible and

illegal. For the said purpose, he took me through the

complaint allegations in both the cases viz., Crime

No.86/2016 of Gandhinagar Police Station and Crime

No.73/2106 of Thorang