Karnataka High Court
Ramesh Naik vs The State Of Karnataka on 2 June, 2025
1 CRL.P NO.102277/2024
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 02ND DAY OF JUNE, 2025
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL PETITION No.102277 OF 2024
BETWEEN:
1. RAMESH NAIK
S/O. LAKSHMA NAIK
AGED ABOUT 50 YEARS
OCC: GOVERNMENT OFFICIAL
2. HAMUMA NAIK
S/O. LATE LAKSHMAN NAIK
AGED ABOUT 36 YEARS
OCC: AGRICULTURE
3. HARI NAIK
S/O. LAKSHMAN NAIK
AGED ABOUT 41 YEARS
Digitally signed by
CHANDRASHEKAR OCC: AGRICULTURE
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
4. BALAJI NAIK
KARNATAKA S/O. DURUGAPPA
AGED ABOUT 30 YEARS
OCC: ADVOCATE
PETITIONERS NO.1 TO 4 ARE
R/O. KENCHANAGUDDA THANDA
SIRUGUPPA TALUK
BALLARI DISTRICT - 583 121
5. SHEKAR NAIK
S/O. HANNA NAIK
AGED ABOUT 30 YEARS
OCC: PRIVATE JOB
R/O. HONNALLI THANDA
BALLARI TALUK AND DISTRICT - 583 128
2 CRL.P NO.102277/2024
6. MAHESH NAIK
S/O. HARI NAIK
AGED ABOUT 24 YEARS
OCC: PRIVATE JOB
7. HARIPRIYA
D/O. RAMESH NAIK
AGED ABOUT 24 YEARS
OCC: HOUSE HOLD
PETITIONERS NO.6 AND 7 ARE
R/O. KENCHANAGUDDA THANDA
SIRUGUPPA TALUK
BALLARI DISTRICT - 583 121
8. SWAMY NAIK @ THIKKASWAMY NAI
@ SUGALI THIKKASWAMY NAIK
S/O. SUGALI PUSHPA NIAK
AGED ABOUT 40 YEARS
OCC: OUT SOURCE
R/O. NO.4/94, SRI MAREMMA GUDI VEEDI
ARIKERI TANDA
ALUR TALUK
KURNOOL DISTRICT
ANDHRA PRADESH - 518 395
...PETITIONERS
(BY SRI. J. BASAVARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(BY ITS BALLARI WOMEN P.S.)
BALLARI
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENCH AT DHARWAD - 580 011
2. RAMU NAIK
D/O. BILIYA NAIK
AGED ABOUT 42 YEARS
OCC: BUSINESSMAN
3 CRL.P NO.102277/2024
R/O. H.NO.205, NILAYA APARTMENT
RADIO PARK, COWL BAZAR
BALLARI TALUK AND DISTRICT - 583 102
...RESPONDENTS
(BY SRI. ABHISHEK MALIPATIL, HCGP FOR R-1
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO ALLOW THIS PETITION, QUASH THE
COMPLAINT IN CRIME NO.144/2023 REGISTERED BY BALLARI
WOMEN POLICE STATION, THE CHARGE SHEET, ORDER OF
TAKING COGNIZANCE AND ISSUANCE OF SUMMONS DATED
29.01.2024 BY LEARNED F.T.S.C.-I, BALLARI IN
SPL.C.NO.72/2024 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 363, 366, 342, 307, 376(2)(n), 109 READ WITH
SECTION 34 OF THE INDIAN PENAL CODE IN SO FAR AS
PETITIONERS/ACCUSED NOS. 2 TO 9 ARE CONCERNED ONLY AND
IN THE INTEREST OF JUSTICE.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
18.12.2024, COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
CAV ORDER
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Petitioners who are arraigned as accused Nos.2 to 9
have filed this petition under section 482 Cr.PC, with the prayer
to quash the criminal proceedings initiated against them in crime
No.144/2023 of Ballari Woman PS (Special case No.72/2024) on
the file of FTSC-1, Ballari, for the offences punishable under
4 CRL.P NO.102277/2024
Sections 363, 366, 342, 307, 376(2)(n), 109, read with Section
34 of IPC.
2. For the sake of convenience, the parties are referred
to by their ranks before the trial Court.
3. Based on the complaint filed by Ramu Naik father of
the prosecutrix, the concerned police have registered case in
crime No.144/2023 and after detailed investigation filed a
charge sheet against accused Nos.1 to 9 for the offences
punishable under Sections 363, 366, 342, 307, 376(2)(n), 109,
read with Section 34 of IPC. It is the case of the prosecution
that at the relevant point of time prosecutrix was studying in
first year BA at Narayana College Hyderabad and she was also
taking coaching for IAS examination. On 17.08.2023, at 09.00
PM she came to Ballari, as all the family members had planned
to visit Tirupati on 18.08.2023. At 12 noon, at the request of
her mother, prosecutrix went to a nearby Kirana stores
belonging to CW11 to purchase soap and powder for use during
traveling.
5 CRL.P NO.102277/2024
4. However, even after 01.00 PM, she did not return
home and after coming to know about the same, her father i.e.,
complainant along with CW11 to 15 searched for her at Ballari,
Hospete, Guntakall and other places, but did not find her.
Suspecting that accused No.1 might have taken her away on
the instigation of remaining accused persons, he filed complaint
on 19.08.2023. The investigation reveal that on 18.08.2023,
while the prosecutrix was proceeding on street near old school
building, accused No.1 came there on Honda Livo CBF110G
Motor cycle bearing registration No.KA34/EG-1689 and
forcefully took away the prosecutrix, by giving threat that if she
resist, he would upload the videographs of prosecutrix and
himself in a compromising position.
5. The investigation further revealed that accused No.1
brought the prosecutrix to Guntakal railway station. Though
they were given tickets to go to Bombay, by mistake accused
No.1 and prosecutrix travelled in train to Chennai. At Chennai
accused No.1 took room on rent at Kovil Street belonging to
CW19 and kept the prosecutrix in the said room under threat.
6 CRL.P NO.102277/2024
During this period, accused No.1 forcefully had sexual
intercourse with the prosecutrix. Accused Nos.2 to 9 helped
accused No.1 to abduct and commit rape on the prosecutrix and
thereby all the accused have committed the offence punishable
under Sections 363, 366, 342, 307, 376(2)(n), 109, read with
Section 34 of IPC.
6. Accused Nos.2 to 9 are seeking quashing of criminal
proceedings initiate against them contending that the complaint
does not disclose any offence as alleged by the prosecution. In
the missing complaint, the complainant has only suspected
accused No.1 to be involved in the missing of his daughter.
Nothing is whispered about the involvement of other accused.
On 28.08.2023 at 6:30 PM, complainant has filed one more
complaint before the woman police station alleging that his
father Biliya Naik seen accused No.1 and other accused
kidnapping the prosecutrix, but the said statement does not
reveal the presence of accused Nos.2 to 9. According to the
complainant, Raja Naik and Giri Naik also informed him that
they have seen accused Nos.1 to 9 kidnapping the Prosecutrix.
7 CRL.P NO.102277/2024
If at all complainant's father has seen accused Nos.2 to 9
kidnapping the prosecutrix, complainant would not have kept
quite. The complainant has falsely implicated accused Nos.2 to
9. Only to falsely implicated accused Nos.2 to 9, their names
have been included. In her statement dated 15.09.2023, the
prosecutrix has not whispered about the presence of accused
Nos.2 to 9 when she was kidnapped by accused No.1.
6.1. Accused No.2 is a public servant and as on the date
of incident, he was on duty. Accused No.8 after completion of
her studies was staying in the village. She is also implicated.
The medical evidence is negative and falsify the case of the
prosecution. Accused No.6 is from different place and accused
Nos.8 and 9 are resident of Andhra Pradesh and they are also
falsely implicated. Prosecutrix is educated girl and worldly wise.
She would not have travelled with accused No.1 without her
consent. She would have resisted accused No.1, taking her in
the public places. Only to trouble and harass the accused
persons, they have been falsely implicated. The entire charge
sheet material indicate that prosecutrix has willingly
8 CRL.P NO.102277/2024
accompanied the accused No.1 and a false case is fabricated
against all the accused persons and hence the petition.
7. In support of the arguments, learned counsel for the
petitioner has relied upon the following decisions:
(i) Shiv Pratap Singh Rana vs State of
Madhya Pradesh and anr (Shiv Pratap
Singh Rana)1
(ii) Shri Amogh Wadeyar and others vs
State of Karnataka and another
(Amogh Wadeyar)2
8. Learned HCGP representing respondent No.1/State
filed statement of objections and learned counsel representing
a respondent No2-complainant has submitted oral objections,
reiterating the charge sheet averments.
9. In support of the arguments, learned counsel for the
respondent No.2 has relied upon the following decisions:
(i) Chilakamarthi Venkateswarlu & Anr vs
State of Andhra Pradesh & Anr
(Chilakamrthi Venkateswarlu)3
(ii) Hazrat Deen Vs The State of Uttar
Pradesh and anr (Hazrat Deen)4
1
2024 AIAR (Criminal) 715
2
Crl.P.No.103902/2022 c/w Crl.P.No.100291/2022, dd 17.04.2023.
3
Crl.A.No.1082/2019, dated 31.07.2019
9 CRL.P NO.102277/2024
(iii) Shri Rama Naik vs The State of
Karnataka and others (Rama Naik)5
(iv) Smt Dilshad w/o Maibubsab Jamadar
and others vs State of Karnataka and
another (Dilshad)6
(v)Shi Dharekrishna s/o Satappa Badaganvi
vs Sri Basavaraj Shankar Rathod
(Dhareksrishna)7
10. Heard elaborate arguments of both sides and perused
the record.
11. At the outset, it is relevant to note that as on the
date of incident i.e., on 18.08.2023, prosecutrix was aged 18
years 15 days. She has given statement before the
investigating officer and also her statement is recorded under
section 164 Cr.PC by the Judicial Magistrate. In her statement,
the prosecutrix has stated that accused No.1 was working with
the father of prosecutrix and his family members were also
known to the prosecutrix and her family members. It appears
there was some dispute between the family of accused No.1
4
2022 LiveLaw (SC) 134
5
W.P. Habeas Corpus No.100023/2023
6
Crl.P.No.101201/2024, dated 28.10.2024
10 CRL.P NO.102277/2024
and CW12 Raju Naik. Because of it the accused No.1 and his
family members forced CW12 Raju Naik and his family
members to leave the village after entering huge money from
them. CW12 Raju Naik was supported by the father of
prosecutrix.
12. There was also talks to marry the prosecutrix to
CW12 Raju Naik. Accused No.1 and his family members did not
want prosecutrix to marry CW12 Raju Naik as he would become
stronger and stand against them. They wanted the prosecutrix
to be married to accused No.1 so that it would prevent CW12
Raju Naik marrying the prosecutrix and becoming powerful. In
this background, it is at alleged that accused No.1 expressed
his desire to marry the prosecutrix, but she did not support him
and on the other hand reprimanded him. However, about four
months prior to the date of incident, accused No.1 took the
prosecutor to his room and forcibly had sexual intercourse with
her and used to give threat that he is having the video graphs
of the said incident and it would be made viral.
7
Crl.P.No.100602/2021, dated 14.11.2024
11 CRL.P NO.102277/2024
13. In this background on 18.08.2023, when prosecutrix
went to the Kirana shop to buy soap and other articles, accused
No.1 forced her to accompany him. He took her to the Guntakal
railway station. While going on the motorbike, accused No.1
spoke to his brother accused No.2 Ramesh Naik and also made
her to speak to him. Accused No.2 informed them that he has
sent ₹2,00,000/- and that he would also pay another sum of
₹20 lakhs and advised them to go somewhere and that CW12
Raju Naik is not a good person and she should not marry him.
At Guntakal railway station, a friend of accused No.1 gave them
two tickets to go to Bombay and also ₹2 lakhs. However, by
mistake, they boarded a train going to Chennai and reached
Chennai. Accused No.1 took a room on rent in Willivakkam area
and kept her confined. He was not allowing her to go out and
speak to anyone. He committed rape on her against her will.
While going out, accused No.1 used to lock the room from
outside.
14. Once when he forgot to lock the room from outside,
she went out and managed to call her brother. However, when
12 CRL.P NO.102277/2024
her brother did not pick up the phone, she came back and went
inside the room. In the evening, she again called her brother
and requested him to send her father. Accordingly, on
09.09.2023 her father came, but accused No.1 gave threat.
One Swami Naik also called over phone and gave threat. The
neighbouring persons took them to Willivakkam Police station.
At the police station, accused No.1 managed to convince the
police that they are in love and since she was a major, the
police did not allow her father to take her. On 11.09.2023 the
investigating officer took the prosecutrix and accused No.1 to
the police station on the ground at her father has lodge
complaint. She was also produced before the High Court in a
Habeas Corpus petition and she expressed her desire to go with
her parents and accordingly she was sent with her parents.
15. In the complaint dated 28.08.2023, the complainant
has also stated that after the prosecutrix went missing, on
28.08.2023 the complainant came to know from his father and
also CW12 Raj Naik, CW13 Giri Naik that when accused No.1
13 CRL.P NO.102277/2024
took the prosecutrix on his motorbike, the other accused were
also present, and they went away in other vehicles.
16. After conducting detailed investigation, the concerned
police have filed charge sheet against accused Nos.1 to 9.
There is specific allegations against accused No.1 that after the
prosecutrix finished her second PUC and was staying in the
house during holidays, accused No.1 committed rape on her
and used to give threat that he is having video's and he would
make them viral. During the said period, the prosecutrix was a
minor. Though when the incident dated 18.08.2023 took place,
the prosecutrix was major having just completed 18 years of
age, there are specific allegations made by her that she was
abducted by accused No.1 against her wishes and under threat
made her to stay in a room and committed the rape against her
will. Though on one occasion, she had the opportunity to inform
the police, she did not choose to avail the said opportunity,
claiming that accused No.1 had given threat to her. However,
when in response to the Habeas Corpus petition filed by her
father, the concerned police produced her before the High
14 CRL.P NO.102277/2024
Court, she choose to go with her parents. Later, she has given
statements before the concerned police and also before the
Judicial Magistrate implicating accused No.1 and his family
members.
17. Both prosecutrix and accused are subjected to
medical examination. Having regard to the fact that there was
long gap between the accused No.1 sexually assaulting her and
in her medical examination even though there is no evidence of
presence of biological material concerning the accused No.1 on
the clothes or person of the prosecutrix, there is evidence to
the effect that Hymn is ruptured. The medical opinion state that
though there is no evidence of recent forcible penetration,
however, sexual assault cannot be ruled out.
18. Regarding involvement of other accused, according to
the complainant, through his father and others belatedly came
to know about their involvement and filed the complaint. It is
for the prosecution to explain the delay at the trial. In the light
of the material placed in the charge sheet against the accused
persons, this Court is of the considered opinion that it is not a
15 CRL.P NO.102277/2024
case for quashing the proceedings against accused Nos.2 to 9.
So far as the decisions relied upon by the petitioners are
concerned, they are not applicable to the facts and
circumstances of the present case. In the result, petition fail
and accordingly the following;
ORDER
(i) Petition filed by the petitioners/Accused Nos.2
to 9 under Section 482 of CrPC is here by
rejected.
Sd/-
(J.M.KHAZI)
JUDGE
ASN
