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Karnataka High Court
Babu vs The State Of Karnataka on 15 April, 2026
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CRL.P No. 200080 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200080 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. BABU
S/O CHAND SAB MULLA
AGE: 27 YEARS,
OCC: AGRICULTURE
R/O RIKKIN ALOOR VILLAGE,
TQ: ALAND, DIST: KALABURAGI-585302
2. CHANDSAB
S/O GUDUSAB MULLA
AGE: 57 YEARS,
OCC: AGRICULTURE
R/O RIKKIN ALOOR VILLAGE,
Digitally signed by TQ: ALAND, DIST: KALABURAGI-585302
SHIVALEELA
DATTATRAYA UDAGI 3. SMT. AMEER BI
Location: HIGH
COURT OF W/O CHANDSAB MULLA
KARNATAKA AGE: 51 YEARS, OCC: COOLIE,
R/O RIKKIN ALOOR VILLAGE,
TQ: ALAND, DIST: KALABURAGI-585302
4. ANWAR
S/O MAHETAB SAB PATEL
AGE: 47 YEARS,
OCC: PLUMBING WORK,
R/O AURAD (B) VILLAGE,
TQ: AND DIST: KALABURAGI
AT PRESENT BASAVESHWAR COLONY
KALABURAGI-585102
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CRL.P No. 200080 of 2026
HC-KAR
5. RIZWANA BEGUM W/O ANWAR PATEL
AGE: 36 YEARS, OCC: COOLIE
R/O AURAD (B) VILLAGE
TQ: AND DIST: KALABURAGI
AT PRESENT BASAVESHWAR COLONY
KALABURAGI-585102
...PETITIONERS
(BY SRI. SYED MASTAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH NARONA POLICE STATION
TQ: ALAND DIST: KALABURAGI
(REPRESENTED BY ADDL. H.C.G.P
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107)
2. SMT. MEENAKSHI
W/O DAYANAND HIREMATH
AGE: 49 YEARS, OCC: GOVT. OFFICIAL
NON-GAZETTED, R/O KARUVESHWAR NAGAR,
KALABURAGI,
TQ: AND DIST: KALABURAGI-585102
...RESPONDENTS
(BY SRI.GOPALKRISHNA B. YADAV, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.
528 OF BNSS (NEW), PRAYING TO A) QUASH THE
REGISTRATION OF FIR, CHARGE SHEET AND ENTIRE
PROCEEDINGS IN SPL.CASE (POCSO) NO.47/2025 PENDING
ON THE FILE OF ADDL. SESSIONS JUDGE FTSC-I (SPECIAL
JUDGE TO POCSO COURT) KALABURAGI (ARISING OUT OF
CRIME NO.197/2024 OF NARONA P.S. TQ. ALAND, DIST:
KALABURAGI) FOR THE OFFENCES PUNISHABLE U/S 376(2)(n)
OF IPC AND U/SEC.4 AND 6 OF POCSO ACT AND U/SEC.9 AND
10 OF CHILD MARRIAGE PROHIBITION ACT IN SOFAR AS
PETITIONERS ARE CONCERNED AND ETC.
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CRL.P No. 200080 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
The petitioners have filed this petition under Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
following relief's:
"Wherefore it is most respectfully prayed
that, this Hon'ble Court be pleased to:
a) Quash the registration of FIR, charge sheet
and entire proceedings in Spl.Case (POCSO)
No:47/2025 pending on the file of Addl. Sessions
Judge FTSC-I (Special Judge to POCSO Court)
Kalaburagi (arising out of Crime No.197/2024 of
Narona P.S. Tq.Aland, Dist. Kalaburagi) for the
offences punishable U/Sec.376(2)(n) of I.P.C and
U/Sec.4 & 6 of POCSO Act and U/Sec.9 & 10 of
Child Marriage Prohibition Act insofar as
petitioners concerned.
(b) Pass any other suitable order or direction as
deem fit by this Hon'ble Court under the facts
and circumstances of the case, in the interest of
justice and equity."
2. Heard the learned counsel for the petitioners
and the learned High Court Government Pleader for the
respondent - State.
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3. Learned counsel appearing on behalf of the
petitioners has urged the following grounds:
1. That, the allegations made against the
petitioners are false and baseless. The petitioners are
no way concerned with the alleged crime.
2. It is submits that, entire contents of the
complaint and other material does speaks that, all
the petitioners herein are hail from agricultural family
and they do not well conversant with the rule of law,
since they are being rustic villagers.
3. That, it is respectfully submits that, at the time
of performing marriage with the victim girl, neither
the petitioner No.1 Babu and his parents asked
relevant document pertaining to age proof of the
victim nor the parents of the victim also disclosed the
same before the petitioner No.1 and his family. On
the other hand, generally after attending the age of
majority, puberty, the parents of the boy never
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asked the age proof of the victim. Herein the matter
admittedly the petitioner No.1 was major at the time
of performing his marriage and virtually, the boy
cannot enter into the talking held between either
both the families belongs to male and female family.
The petitioner No.1 very innocent to the alleged
incident.
4. That, after registration of crime, the I.O. sent
the victim to Gulbarga Institute of Medical Sciences
and Teaching Hospital, Kalaburagi for her estimation
of age, accordingly department of radiology and
imaging after all examination held that, age of the
respondent No.2/victim estimated more than 18
years old. It is submits that, if a person not having
age proof, it is the relevant fact that, the relevant
certificate issued by the competent court may be
accepted for proving the age of such person.
5. It is very respectfully submits that, all the
medical evidence and other averment available on
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record does not attributed the offences alleged
against the petitioners.
6. That, the I.O. totally failed to collect material
witness pertaining to the age proof of victim,
however, the petitioner was major at the time of her
marriage with the petitioner No.1.
7. That, as per column No.17 of the charge sheet
and the I.O. after all collecting material and other
evidence does speaks that, there is no any material
evidence available on record about the minor age of
the victim at the time of performing marriage as the
marriage of the victim performed on 05/03/2023
infront of the house of petitioner No.2 Chandsab. But
on the other hand, I.O. totally failed to collect the
relevant evidence relating to the place of marriage
which was allegedly happened at the house of the
petitioner No.2 at Village Rikkin Aloor, Tq.Aland, Dist.
Kalaburagi.
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8. That, it is submits that, the marriage has been
performed by the parents either both the families as
well as victim and the petitioner No.1, after the
marriage the victim/respondent No.2 gave birth to
two children and both couple have happy marital life
and leading their marital obligations together with.
Therefore, on the false accusation alleged by the
complainant and the I.O. they would facing
starvation and very trouble. The victim is being
legally wedded wife of the petitioner No.1 and the
petitioner having lawful marital life over the victim
had performing his marital obligation with the victim.
Therefore believing the welfare of the family of
petitioner No.1 with respondent No.2 the Hon'ble
court may pass an suitable order for quashing the
proceedings pending on the file of trial court.
9. That, the petitioner No.2 to 5 are concerned,
they are illiterate and with having bonafide perform
the marriage of their kids and now the couple are
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leading happy marital life. These petitioners are also
entitle to get the sympathy of the Hon'ble court and
on the sympathy ground they praying to quash the
proceeding pending with the trial court against them.
10. It is very vehemently submits that, the
marriage in between the petitioner No.1 and the
victim girl/respondent No.2 never performed infront
of the house of accused No.2 as alleged by the
complainant Smt. Meenakshi Supervisor CDPO Office
Aland the I.O. flatly investigated the matter by not
collecting cogent material against the petitioners.
Moreover, the petitioners are very innocent to the
alleged incident and they are nothing to do with the
alleged crime.
11. That, the victim Saleha Begum never
interrogated by the I.O. nor I.O. has enquired
relating to the alleged offences or collected birth
certificate from her. Therefore, believing the
investigation officer as he submitted proper
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investigation final report to the competent court
would be one of the self created story.
12. That, the matter which is pending before the
trial court is from 2024 and without having cogent
evidence, the petitioners are facing trouble and
starvation.
4. On all these grounds sought for allowing of the
petition.
5. Per contra, learned High Court Government
Pleader appearing for respondent-State opposed to the
petition.
6. I have examined the materials placed before
this Court.
7. On the basis of the complaint filed by
Smt.Minakshi, Anganwadi Supervisor, the Narona Police
have registered the case in Crime No.197/2024 against
the accused Nos.1 to 5 for the commission of offence
punishable under Sections 376(2)(n) of IPC, Sections 4 &
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6 of POCSO Act and Sections 9 & 10 of the Prohibition of
Child Marriage Act, 2006. After investigation, the
Investigating Officer has submitted the charge sheet
against the accused Nos.1 to 5 for the aforesaid offences.
8. On perusal of these materials, at this stage, I
am of the considered opinion that there are no grounds to
quash the proceedings. The grounds urged by the learned
counsel for the petitioners may be considered only after
full pledged trial. Hence, I proceed to pass the following:
ORDER
The petition is dismissed.
Sd/-
(G BASAVARAJA)
JUDGE
MSR
List No.: 1 Sl No.: 24
CT-BH
