Karnataka High Court
Kallappa S/O. Subhash Munavalli vs The State Of Karnataka on 12 August, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:10103
CRL.P No. 102445 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102445 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
KALLAPPA S/O.SUBHASH MUNAVALLI,
AGE. 36 YEARS, OCC. COOLIE,
R/O. ANJANEYA NAGAR, KELAGERI ROAD,
DHARWAD-580008, TQ. DHARWAD,
DIST. DHARWAD.
... PETITIONER
(BY SRI. BASAVARAJ MATHAPATI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
RAKESH REP. BY STATE PUBLIC PROSECUTOR,
S HIGH COURT OF KARNATAKA, DHARWAD BENCH,
HARIHAR THROUGH DHARWAD SUB-URBAN
Digitally signed by
RAKESH S HARIHAR
POLICE STATION, DHARWAD.
Location: HIGHCOURT
OF KARNATAKA
DHARWAD BENCH
DHARWAD
2. SMT. B. USHA,
AGE MAJOR, OCC. DIST. CHILD PROTECTION OFFICER,
R/O: DISTRICT CHILD PROTECTION UNIT OFFICE,
D.C. COMPOUND, DHARWAD-01,
TQ. DHARWAD, DIST. DHARWAD.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
... RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP)
-2-
NC: 2025:KHC-D:10103
CRL.P No. 102445 of 2025
HC-KAR
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF
BNSS), SEEKING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST
PETITIONER/ACCUSED NO.4 IN S.C. NO.72/2024 ARISING OUT OF
CRIME NO.61/2013 REGISTERED BY THE DHARWAD SUB-URBAN
POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION
9 AND 10 OF PROHIBITION OF CHILD MARRIAGE ACT, 2006, PENDING
ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,
DHARWAD AT VIDE ANNEXURE-E.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.4. in S.C. No.72 of 2024 pending
before the Court of Principal District and Sessions Judge,
Dharwad, arising out of Crime No.61 of 2013 registered by
Dharwad Sub-Urban Police Station, Dharwad Sub-Division,
Hubballi-Dharwad, for offences punishable under Sections 9
and 10 of the Prohibition of Child Marriage Act, 2006 is
before this Court under Section 482 of the Cr.P.C. with a
prayer to quash the entire proceedings in the aforesaid case
as against him.
2. Heard the learned counsel appearing for the
parties.
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HC-KAR
3. Learned counsel for the petitioner having
reiterated the grounds urged in the petition submits that
accused Nos.1 to 3, who were tried for the charge sheeted
offences in S.C. No.126 of 2016 have been acquitted and
the said judgment and order of acquittal has attained
finality. No purpose would be served in continuing the
impugned criminal proceedings against the petitioner, who
is accused No.4 in the present case. Accordingly, he prays
to allow the petition
4. Per contra, learned HCGP who has opposed the
petition, however does not dispute the submission made by
the learned counsel for the petitioner.
5. FIR in Crime No.61 of 2013 was registered
against four persons for the offences punishable under
Sections 9 and 10 of the Prohibition of Child Marriage Act,
2006 and Sections 4, 5 and 6 of Immoral Traffic Prevention
Act, 1956 and the petitioner is arrayed as accused No.4 in
the FIR. After completing investigation, charge sheet was
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HC-KAR
filed for the aforesaid offences against the four persons,
who were named in the FIR. Subsequently, the case was
committed to the jurisdictional Sessions Court and
numbered as S.C. No.126 of 2016. Since the petitioner /
accused No.4 had not appeared before the trial Court in
S.C. No.126 of 2016, a split up case in S.C. No.174 of 2017
was registered against him and accused Nos.1 to 3 were
tried in S.C. No.126 of 2016. The trial Court by the
judgment and order dated 17.03.2019 has acquitted
accused Nos.1 to 3 who were facing similar charges and the
said judgment and order of acquittal has undisputedly
attained finality.
6. Since the presence of accused No.4 could not be
secured in the split up case in S.C. No.174 of 2017, the
same was transferred to the list of long pending case and
numbered as LPC No.7 of 2023. In the said proceedings,
coercive steps were taken against the petitioner and
ultimately his presence was secured on 28.10.2024, and
thereafter a case was registered against him in S.C. No.72
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HC-KAR
of 2024. The Order Sheet of the trial Court in S.C. No.72 of
2024 would go to show that the petitioner was granted
regular bail by this Court in Criminal Petition No.100396 of
2025, disposed of on 05.03.2025.
7. Be that as it may. Undisputedly accused Nos.1 to
3, who were facing similar charges, have been acquitted by
the trial Court in S.C. No.126 of 2016 vide judgment and
order of acquittal dated 11.03.2019. The said judgment and
order of acquittal has attained finality. Therefore,
continuation of the impugned criminal proceedings as
against the petitioner herein is a futile exercise and waste
of the precious Court time.
8. Under the circumstances, I am of the opinion
that, this is a fit case, wherein this Court needs to exercise
its powers under Section 482 of the Cr.P.C. in order to
secure the ends of justice. Accordingly, the following:
ORDER
(i) The Criminal Petition is allowed;
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HC-KAR
(ii) The entire proceedings in S.C. No.72 of
2024 pending before the Court of Principal
District and Sessions Judge, Dharwad,
arising out of Crime No.61 of 2013
registered by Dharwad Sub-Urban Police
Station, Dharwad Sub-Division, Hubballi-
Dharwad, for offences punishable under
Sections 9 and 10 of the Prohibition of Child
Marriage Act, 2006 stands quashed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
Vnp / CT: BCK
