IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5089 OF 2016 C/w.
CRIMINAL PETITION No.1302 OF 2016 IN CRIMINAL PETITION No.5089 OF 2016: BETWEEN:
KUMARA @ KUMARAPPA S/O. RAMAPPA AGED ABOUT 46 YEARS RESIDING AT HONNEMARADAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 023 (BY SRI. RUDRAPPA P., ADVOCATE) AND:
1 THE STATE OF KARNATAKA BY SUB-INSPECTOR WOMEN POLICE STATION DAVANAGERE – 577 002 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 2 BHAGYA D/O. LATE NINGAPPA AGED ABOUT 25 YEARS R/AT NO.443, AUTO COLONY …PETITIONER RAMANAGARA DAVANAGERE – 577 005 ...RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C. NO.66/2016 PENDING ON THE FILE OF PRL. DISTRICT AND SINGLE JUDGE, DAVANAGERE FOR THE OFFENCE P/U/S. 313, 376, 316, 417, 506, 114 R/W. 149 OF IPC.
IN CRIMINAL PETITION No.1302 OF 2016: BETWEEN:
1. SMT. RUDRAMMA W/O. THIPPESHAPPA, AGED ABOUT 50 YEARS, R/AT MASANIKERE VILLAGE, THAVAREKERE POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.
2. SRI. NAGARAJA S/O. BANAPPA, AGED ABOUT 42 YEARS, R/AT THIPPAGONDANAHALLI VILLAGE AT POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.
3. SRI. SHEKARAPPA S/O. BANAPPA, AGED ABOUT 35 YEARS, R/AT #147/3, 1ST MAIN, SHIVAPURA, GANIGARAHALLI, BANGALORE-58.
4. SRI. MANJAPPA S/O. BANAPPA, AGED ABOUT 31 YEARS, R/AT THIPPAGONDANAHALLI VILLAGE AT POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.
5. SRI. VEERABHADRASWAMY S/O. BANAPPA, AGED ABOUT 29 YEARS, R/AT # E147/6, NEW NO.267, 1ST MAIN, 18TH CROSS, SHIVAPURA, BANGALORE-560 058.
6. SMT. SAVITHA W/O. CHOWDAPPA, AGED ABOUT 31 YEARS, R/AT #490, "A" BLOCK, SRIRAM NAGARA, INDUSTRIAL AREA, DAVANAGERE-577 005. …PETITIONERS [BY SRI. A. LOURDU MARIYAPPA, ADV., - ABSENT] AND:
1. THE STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR, WOMEN’S POLICE STATION, DAVANAGERE-577 005.
2. SMT. BHAGYA D/O. LATE NINGAPPA, AGED ABOUT 24 YEARS, R/AT DO. NO. 443, AUTO COLONY, "B" BLOCK, RAMANAGARA, DAVANAGERE CITY AND DISTRICT-577 005. …RESPONDENTS [BY SRI. DILDAR SHIRALLI, HCGP FOR R1; R2 SERVED AND UNREPRESENTED] THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS WHICH IS REGISTERED BY THE WOMEN's P.S., DAVANAGERE, ON THE FILE OF LEARNED III JMFC, DAVANAGERE, IN C.C.NO.467/2015, FOR THE OFFENCE U/S 313, 34, 376, 316, 506,114 OF IPC AT ANNEXURE-A AGAINST THESE PETITIONERS ONLY.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two petitions are filed by Accused Nos. 7, 2 to 6 and 8 respectively, seeking to quash charge sheet laid against them for the alleged offences punishable under sections 376, 316, 417, 506, 114, 149 of IPC as against Accused No.7 and for the alleged offences punishable under sections 313, 376, 316, 506, 114 read with section 34 of IPC as against Accused Nos.2 to 6 and 8.
2. Heard learned counsel for the petitioner in Crl.P. No.5089/2016 and learned Government Pleader for respondent No.1. Respondent No.2 who is duly served is unrepresented.
3. At the instance of Respondent No.2, FIR was registered against Accused Nos.1 to 8 under sections 376, 316, 417, 506, 114, 149 of IPC. After investigation, charge sheet has been laid against Accused No.1 under sections 376, 316, 417, 506, 114, 149 of IPC and as against Accused Nos. 2 to 8, charge sheet is filed under sections 313, 376, 316, 506, 114 read with section 34 of IPC.
4. The case of the prosecution is that on the false promise, Accused No.1 committed forcible sexual intercourse on Respondent No.2/complainant on 6.2.2012 and thereafter he also forced her to abort fetus. According to prosecution, even after abortion, Accused No.1 continued to have repeated sexual intercourse with Respondent No.2, as a result, she delivered a child on 25.12.2014.
5. The allegations made against petitioners are that after birth of child on 25.12.2014, complainant went to house of Accused No.1 and at that time, she disclosed for the first time that child was born to her through Accused No.1. Petitioners threatened her. This statement goes to show that petitioners were not aware of the fact that Respondent No.2 had an affair with Accused No.1. Under the said circumstances, allegations made in charge sheet that petitioners and other accused persons assisted and abetted the commission of offence of rape and other offences fall to the ground. According to prosecution, abortion had taken place before birth of child. These allegations are directed only against Accused No.1. There is nothing on record to show that said miscarriage was within the knowledge of any one of petitioners herein. Under the said circumstances, registration of case against petitioners for alleged offences punishable under sections 313, 316, 417, 114 read with section 34 of IPC also cannot be sustained. The allegations made in complaint do not attract the basic ingredients of any of these offences insofar as the petitioners are concerned. As such, prosecution of petitioners for the said offence, in my view, being baseless and illegal, cannot be sustained.
In the result, petitions are allowed. Charge sheet in CC No.467/2015 on the file of the Court of III JMFC, Davanagere, is quashed only insofar as petitioners herein, namely, Accused Nos.2 to 8, are concerned.
Sd/- JUDGE AN/-