Karnataka High Court

Sharanappa vs The State Of Karnataka And Anr on 27 May, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                              NC: 2024:KHC-K:3307
                                              CRL.P No. 200452 of 2024




                        IN THE HIGH COURT OF KARNATAKA,

                               KALABURAGI BENCH

                      DATED THIS THE 27TH DAY OF MAY, 2024

                                     BEFORE

                  THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                  CRIMINAL PETITION NO. 200452 OF 2024 (482)

             BETWEEN:
                  SHARANAPPA S/O TAYAPPA HOSMANI,
                  AGE: 29 YEARS, OCC: COOLIE,
                  R/O. MADRIKI VILLAGE,
                  TQ: SHAHAPUR,
                  DIST: YADGIRI,
                  NOW AT R/O. SHIVA TEMPLE
                  MUNNEKOLALA, BANGALORE NORTH,
                  MARATHAHALLI COLONY,
                  BANGALORE-560 037.
                                                           ...PETITIONER
             (BY SRI GANESH NAIK, ADVOCATE)

             AND:
Digitally
signed by    1.   THE STATE OF KARNATAKA
SACHIN
Location:         SHAHAPUR P.S REPRESENTED THROUGH
HIGH COURT
OF                ADDL. SPP, HIGH COURT OF KARNATAKA
KARNATAKA
                  AT KALBURAGI BENCH,
                  DIST: KALABURAGI-585 103.
             2.   RAMAPPA S/O HULAGAPPA DODDAMANI
                  (CW-6, FATHER OF VICTIM)
                  AGE: 50 YEARS, OCC: COOLIE,
                  R/O. BENAKANAHALLI VILLAGE,
                  TQ: SHAHAPUR, DIST: YADGIRI-585 223.
                                                         ...RESPONDENTS
             (BY SMT. ANITA M. REDDY, HCGP FOR R-1;
             SRI ANNARAYA M. PATIL, ADVOCATE FOR R-2)
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                                      NC: 2024:KHC-K:3307
                                      CRL.P No. 200452 of 2024




     THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE ENTIRE FIR AND CHARGE SHEET AND FURTHER
PROCEEDINGS ARISING THERE FROM PENDING ON THE FILE
OF THE COURT OF DISTRICT AND SESSIONS JUDGE AT
YADGIR IN SPL.C.NO.07/2023 (CRIME NO.220/2021 OF
SHAHAPUR POLICE STATION, DIST. YADGIRI FOR THE
OFFENCE PUNISHABLE U/SEC. 366, 366(A), 114, 376 R/W 149
OF IPC AND SEC.4, 17 OF POCSO ACT) AGAINST THE
PETITIONER.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                              ORDER

Accused No.5 in Spl.C.No.7/2023 pending before the

Court of District & Sessions Judge, Yadgir, arising out of Crime

No.220/2021 registered by Shahapur Police Station, Yadgir

District for the offences punishable under Sections 366, 366A,

114, 376 R/w 149 of IPC and Sections 4 and 17 of the POCSO

Act, 2012 is before this Court under Section 482 of Cr.P.C, with

a prayer to quash the entire proceedings as against him which

is pending before the Trial Court in Spl.C.No.7/2023.

2. Heard the learned counsel appearing for the parties.

3. FIR in Crime No.220/2021 was registered by

Shahapur Police Station, Yadgir for the aforesaid offences

against Sunil, Sharanabasav and three others on the basis of

first information received from the victim girl. Investigation in

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the said case was completed and charge sheet was filed against

5 persons for the aforesaid offences and in the charge sheet,

the petitioner was arrayed as accused No.5. After filing of

charge sheet, a case was registered before the Trial Court in

Spl.C.No.81/2021. Since the petitioner herein was absconding a

split up case was registered against him and accused Nos.1 to

4 were tried for the alleged offences in Spl.C.No.81/2021 by

the Court of Sessions Judge, Special Court, Yadgir. Accused

Nos.1 to 4 were acquitted by the Trial Court in

Spl.C.No.81/2021 by the judgment and order of acquittal dated

16.03.2023. The petitioner who is being tried in the split up

case for the very same offences in Spl.C.No.7/2023 is before

this Court with a prayer to quash the entire proceedings in the

said case as against him.

4. Learned counsel appearing for the petitioner

submits that accused Nos.1 to 4 who were tried by the Trial

Court on the very same allegations have been acquitted and

the said judgment and order of acquittal dated 16.03.2023

passed in Spl.C.No.81/2021 has attained finality. He submits

that no purpose would be served in continuing impugned

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proceedings against the petitioner who is arrayed as accused

No.5.

5. Learned HCGP appearing for respondent No.1 and

learned counsel appearing for respondent No.2 who have

opposed the petition does not dispute that the judgment and

order of acquittal passed by the Trial Court in Spl.C.No.81/2021

dated 16.03.2023 has attained finality.

6. The material on record would go to show that FIR in

Crime No.220/2021 was registered by Shahapur Police Station,

Yadgir District against two named persons and three others on

the basis of first information received from the victim girl on

24.09.2021. The police after investigation have filed charge

sheet as against 5 persons and the petitioner herein was

arrayed as accused No.5 in the charge sheet. Accused Nos.1 to

4 who were tried for the alleged offences by the Sessions

Judge, Special Court, Yadgir in Spl.C.No.81/2021 have been

acquitted by the judgment and order of acquittal dated

16.03.2023. Undisputedly, the said order of acquittal has

attained finality. The victim girl was examined as PW1 before

the Trial Court and her parents were examined as PWs.2 and 3.

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Bheemashankar S/o Mallappa was examined as PW4. All the

witnesses including the victim girl have turned hostile to the

case of prosecution. Therefore, recording of remaining charge

sheet witnesses was dispensed by the Trial Court and accused

Nos.1 to 4 were acquitted. In paragraph Nos.13 and 14 of the

judgment of acquittal passed in Spl.C.No.81/2021, the learned

trial Judge has observed as follows:

"13. PW.1 victim girl, in her evidence, has deposed that PWs.2 and 3 are her parents, PW.4 is known to her, but she specifically stated that she do not know accused No.1 and further stated that no such incident as alleged in the case of prosecution had been committed by the accused Nos.1 to 5 against her and she had not made any phone call to 109. Similarly, PWs.2 to 4, have stated in their examination in chief, that PW.1 is the daughter of PWs.2 and 3 and they do not know anything with regard to this case and they have not given any statement before police. Though PWs.1 to 4 have been treated hostile by the leaned special public prosecutor and cross-examined them at length, but they have denied the suggestions put-forth to them by the learned special public prosecutor. Nothing worth has been elicited from their mouth against the accused persons in respect of the charges levelled against the accused persons.

14. On perusal of the evidences of PWs.1 to 4, all the material witnesses have not supported the case of the

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prosecution. Since, the material witnesses have turned hostile, further issuing of summons to other witnesses, will not serve the purpose. Hence, further prayer of the learned special public prosecutor is rejected".

7. The petitioner who is accused No.5 is being tried for

the very same allegation in the split up case. No purpose would

be served in continuing the impugned proceedings as against

the petitioner and continuation of criminal proceedings would

be a futile exercise and waste of the precious time of Court.

Under the circumstances, I am of the opinion that the prayer

made by the petitioner to quash the impugned proceedings

pending as against him is required to be granted.

8. Accordingly, the following:-

ORDER

Criminal Petition is allowed.

The entire proceedings in Spl.C.No.7/2023 pending

before the Court of District & Sessions Judge, Yadgir,

arising out of Crime No.220/2021 registered by Shahapur

Police Station, Yadgir District for the offences punishable

under Sections 366, 366A, 114, 376 R/w 149 of IPC and

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Sections 4 and 17 of the POCSO Act, 2012 is hereby

quashed.