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Karnataka High Court
Basamma vs The State Of Karnataka on 24 February, 2026
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CRL.P No. 200111 of 2026
C/W CRL.P No. 202194 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200111 OF 2026
(482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 202194 OF 2025
IN CRL.P No. 200111/2026
BETWEEN:
SMT.GEETA
W/O SHARANAPPA SALIMANI
AGED ABOUT 47 YEARS
OCC: HOSTEL WARDEN
R/AT PLOT NO.54, OLD JEWARGI ROAD
DEVA NAGAR, KALABURAGI
DIST: KALABURAGI-585101
Digitally signed by
SHIVALEELA ...PETITIONER
DATTATRAYA UDAGI
Location: HIGH (BY SRI. BASAVARAJ C. JAKA., ADVOCATE)
COURT OF
KARNATAKA
AND:
THE STATE OF KARNATAKA
THROUGH SHAHAPUR POLICE STATION
DIST: YADGIRI-585201
NOW REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107
...RESPONDENT
(BY SRI.JAMADAR SHAHABUDDIN, HCGP)
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CRL.P No. 200111 of 2026
C/W CRL.P No. 202194 of 2025
HC-KAR
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.
528 OF BNSS (NEW) PRAYING TO ALLOW THIS PETITION AND
BE PLEASED TO QUASH THE PROCEEDINGS IN SPL.C.NO.
220/2025 PENDING ON THE FILE OF DISTRICT AND SESSIONS
JUDGE AT YADGIRI, SO FOR AS PETITIONER IS CONCERNED,
ARISING OUT OF IN CRIME NO.204/2025 REGISTERED BY THE
RESPONDENT SHAHAPUR POLICE, DIST.YADGIRI FOR THE
OFFENCES PUNISHABLE U/SEC.33 AND 34 OF JUVENILE
JUSTICE ACT 2015, AGAINST THE PETITIONER, TO SECURE
THE ENDS OF JUSTICE AND TO PREVENT ABUSE OF PROCESS
OF THE COURT.
IN CRL.P NO. 202194/2025
BETWEEN:
BASAMMA W/O SHARADKUMAR PATIL
AGE: 46 YEARS, OCC: PRINCIPAL
DR. AMBEDKAR RESIDENTIAL SCHOOL
HALESAGAR VILLAGE, TQ: SHAHAPUR
R/O NEAR GADDERAYANAGUDI, SHAHAPUR
TQ: SHAHPUR, DIST: YADGIR-585201
...PETITIONER
(BY SRI. SANJAY A PATIL., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SHAHAPUR POLICE STATION
SHAHAPUR SUB-DIVISION
DIST: YADGIR-585201
R/BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107
2. NIRMALA W/O HOMBANNA SURPUR
AGE: 52 YEARS
OCC: DISTRICT CHILD WELFARE OFFICER
YADGIR R/O TALIKOTI
PRESENTLY RESIDING AT
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CRL.P No. 200111 of 2026
C/W CRL.P No. 202194 of 2025
HC-KAR
LAXMI NAGAR, YADGIR
DIST: YADGIR-585201
...RESPONDENTS
(BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/SEC. 528 OF BNSS (NEW)
PRAYING TO A) QUASH THE PROCEEDINGS IN SPL. C
NO.220/2025 ON THE FILE OF DRISTRICT AND SESSIONS
JUDGE YADGIR PENDING ON ITS FILE AGAINST THE
PETITIONER/ACCUSED NO.4 FOR THE OFFENCES
PUNISHABLE U/SEC.64(2) (M) OF BNS-2023, SEC.4, 6, 19
OF POCSO ACT, 2012 AND SEC.33 AND 34 OF JUVENILE
JUSTICE ACT, 2015 AND SEC.3(1)(w), 3(2)(v) OF SC/ST
PoA ACT, 1989 AS PER CHARGE SHEET (ARISING OUT OF
CRIME NO.204/2025 REGISTERED BY SHAHAPUR POLICE
STATION, DISTRICT YADGIR/1ST RESPONDENT HEREIN
AND ETC.,
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
These two petitions are filed by the petitioners/accused
Nos.2 and 4 under Section 528 of BNSS to quash the
proceedings against them, in Spl.C.No.220/2025, arising out of
Crime No.204/2025, registered by the Shahapur Police for the
offences punishable under sections 64(2)(m) of BNS, 2023,
Sections 4, 6 and 19 of POCSO Act, 2012, Sections 33 and 34
of Juvenile Justice (Care and Protection of Children) Act, 2015,
(for short, 'J.J. Act') and Sections 3(1)(w) and 3(2)(v) of SC/ST
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(Prevention of Atrocities) Act, 1989,(for short,'SC/ST (POA)
Act') pending on the file of Principal District and Session Judge,
Yadagir.
2. The factual matrix of the case is that, complainant-
District Child Welfare Officer, lodged a complaint against the
petitioners and others on 28.08.2025, before respondent-Police
alleging that, on 27.08.2025 at about 09.30 p.m., she received
an information through phone from one Parvatha Reddy, a field
worker of Shahapur Taluk, that when he was in Shahapur bus
stop he heard from the public that a minor girl in Dr. B. R.
Ambedkar residential school hostel, Shahapur, has delivered a
male child and immediately he went to hostel and enquired
about the said girl. However, the employees of the hostels have
informed him that the girl has been shifted to Taluk Govt.
Hospital, Shahapur, for medical treatment. Accordingly, he
went to Govt. Hospital, Shahapur and saw the girl, enquired the
warden of the hostel and Principal of the School, who were
present at the place and then, he came to know the name of
that girl, her age and the fact that she was studying 9th
Standard and residing at Jampapuradoddi Kakkera village.
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However, the said girl has not stated the name of the boy who
was responsible for the same.
3. Further, on 28.08.2025 at about 06.00 a.m., on the
basis of above information of the field worker Mr. Parvatha
Reddy, the complainant and another visited the Hospital, Govt.
Hospital, Shahapur and confirmed that the girl was minor, aged
about 17 years and studying in 9th Standard at B. R. Ambedkar
Residential School and has delivered a male child in the hostel
washroom at around 02.00 p.m., on 27.08.2025. Further, it
was revealed that, the minor girl had been sexually assaulted
before 9 to 10 months, resulting in her pregnancy and the
School authorities, warden i.e., petitioner/accused No.2 in
Crl.P.No.200111/2026, staff nurse and the principal i.e.,
accused No.4/petitioner in Crl.P.No.202194/2025, failed in their
duty to monitor, protect and report the condition of the minor
girl. As such, the complainant lodged the complaint against
five persons including the petitioners, which was registered in
the Crime No.204/2025 by the respondent-Police for the
aforementioned offences.
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4. During the course of investigation, statement of the
victim girl was recorded on 29.08.2025 and she revealed that,
one Paramanna i.e., accused No.1, committed forcible sexual
intercourse on her one year prior to the date of incident, when
she was absent to school. Thereafter, the said person was
arrested and implicated in the crime by arraying as accused
No.1 and the respondent-Police laid the charge sheet before the
Special Court against the petitioner and others by arraying the
petitioners as accused Nos.2 and 4. Accordingly, the Special
Judge took cognizance of the offences. Aggrieved by the same,
petitioner/accused No.4 preferred Criminal Petition
No.202194/2025 and petitioner/accused No.2 preferred
Criminal Petition No.200111/2026 to quash the proceedings
against them.
5. Heard learned counsels for the petitioner and
learned HGCP for respondent-State in both the petitions.
6. Apart from urging several contentions, the learned
counsels for the petitioner in both the petitions has primarily
contended that, in the charge sheet, the offences invoked
against these petitioners are Sections 33 and 34 of J.J Act. In
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order to attract the said provisions, the accused has to commit
an offence under Section 32 of the said act and in order to
attract Section 32 of J.J. Act. However, in the instant case, the
child is not abandoned or orphan and she has not handed over
by any individual or functionary authority. As such, Sections 33
and 34 of the J.J.Act do not attract against the petitioners.
They also contended that, accused No.4 being the principal of
the high school, absolutely unaware of the physical fitness of
the child or about her pregnancy and she came to know about
the incident on the date of delivery. After the incident, herself
and accused No.2/petitioner in Crl.P.No.200111/2026
immediately, shifted the victim to the above said Government
Hospital. They further contented that, accused No.4 joined the
School 54 days prior to the date of delivery of the victim and
stated that, either accused No.2 or accused No.4 have no such
knowledge about the pregnancy of the victim before her
delivery. In such circumstances, the ingredients of Section 19
of POCSO Act also does not attract against them.
7. Further, the learned counsel for accused No.2/
petitioner in Crl.P.No.200111/2026 by placing reliance on the
reply for the show cause notice and the attendance register of
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the victim in the hostel submit that, the victim was present
only 10 days in the month of January 2025, 10 days in the
month of March 2025, 10 days in the month April 2025, 8 days
in the month of June 2025, 12 days in the month of July 2025
and 17 days in the month of August 2025. Except that, she
remained absent almost throughout from January to August,
2025. In such circumstances, accused No.2 absolutely
unaware about her pregnancy or the sexual act committed by
accused No.1 on her. He also relied on the register extract of
the hostel i.e., pertaining to the Infosys Foundation Girls'
wellness Program year 2025-26 and submits that the victim
received two pads on 01.06.2025, i.e., before two months prior
to the date of incident. In such circumstances, it reveals that
the warden/accused No.2 was unaware about the pregnancy.
Hence, they pray to quash the proceedings against the
petitioners.
8. Per contra, the learned HCGP opposed the prayer
on the ground that, accused No.2/ petitioner in
Crl.P.No.200111/2026 being the warden and accused No.4/
petitioner in Crl.P.No.202194/2026 being the principal of the
residence school, must have had diligence and vigilance about
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the health condition of the victim. He also contended that, the
negligent act of the petitioners, squarely comes within the
ambit of Section 19 of the POCSO Act. Further, he contented
that, now the investigation is completed and charge sheet has
been laid against these petitioners and others, at this stage,
the proceedings against them cannot be quashed. Accordingly,
he prays to dismiss both the petitions.
9. I have given my anxious consideration both on the
submissions made by learned counsel for the respective parties
and the documents made available on record.
10. As could be gathered from records, it is not in
dispute that the petitioners being accused Nos.2 and 4 are the
Hostel Warden and Principal of the Residential School. It is also
not in dispute that the victim is the resident of Kakkera Village
and often used to visit her parental house from the hostel. The
attendance register placed by the learned counsel for the
petitioners reveals that the victim was totally remained absent
to the school in the month of February 2025 and was present
only 10 days in the month of January 2025, 10 days in the
month of March 2025, 10 days in the month April 2025, 8 days
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in the month of June 2025, 12 days in the month of July 2025
and 17 days in the month of August 2025. Thus, it is clear that,
the victim used to visit her parental house from the hostel and
during that time, accused No.1 committed sexual act with her
and she became pregnant. The material placed by the counsels
for the petitioners further discloses that, the victim has totally
hidden about her pregnancy in the hostel, even from the
warden, the medical officers and from the principal.
11. In such circumstances, it cannot be presumed that
either the warden or the principal were aware about her
pregnancy and they failed to perform their duty and to inform
the incident to the police station. The offences invoked against
the petitioners under Sections 33 and 34 of the J. J. Act and in
order to attract those sections, the offence has to be committed
under Section 32 of the said act. For reference, Section 32 of
the J. J. Act reads as under.
"32. Mandatory reporting regarding a child
found separated from guardian.--(1) Any
individual or a police officer or any functionary of
any organisation or a nursing home or hospital or
maternity home, who or which finds and takes
charge, or is handed over a child who appears or
claims to be abandoned or lost, or a child who
appears or claims to be an orphan without family
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support, shall within twenty-four hours (excluding
the time necessary for the journey), give
information to the Childline Services or the nearest
police station or to a Child Welfare Committee or
to the District Child Protection Unit, or hand over
the child to a child care institution registered
under this Act, as the case may be. 1
[(2) The information regarding a child referred to
in sub-section (1) shall be uploaded by the
Committee or the District Child Protection Unit or
the child care institution, as the case may be, on a
portal as may be specified by the Central
Government in this behalf.]"
12. On careful reading of the above provisions, the
same does not attract against these petitioners. It is contented
by the learned HGCP that, in addition to the above provision,
section 19 of the POCSO Act also attracts against these
petitioners. In order to attract Section 19 of the POCSO Act,
there must be knowledge on the part of these petitioners about
the commission of the crime and such knowledge has to be
received by them by way of information from some other
persons. But in the instant case, the charge sheet material does
not disclose that some other persons have informed about the
pregnancy of the victim to accused Nos.2 or 4 and
nevertheless, the statement under Section 180 of BNSS, 2023,
of the victim also reveals that, she had not informed this
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incident to the petitioners. In such circumstances, the
argument advanced by HCGP cannot be accepted that Section
19 of POCSO Act attracts against the petitioners. No doubt, an
unfortunate incident has caused at the instance of accused
No.1 against the minor child/the victim, however, these
petitioners being the warden and principal of the college cannot
be held responsible for the alleged act committed by accused
No.1.
13. In such circumstances, if the entire allegation on
the charge sheet materials is taken on its face value also, the
charge sheeted offences against these petitioners do not attract
against them. Hence, I am of the considered view that the
continuation of the proceedings against these petitioners is
nothing but an abuse of process of Court. Accordingly, I
proceed to pass the following;
ORDER
i. Both petitions are allowed.
ii. The proceedings against the
petitioners/accused Nos.2 and 4 in
Spl.C.No.220/2025, arising out of Crime
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No.204/2025, registered by the Shahapur
Police for the offences punishable under
sections 64(2)(m) of BNS, 2023, Sections 4,
6 and 19 of POCSO Act, 2012, Sections 33
and 34 of Juvenile Justice (Care and
Protection of Children) Act, 2015, (for short,
'J.J. Act') and Sections 3(1)(w) and 3(2)(v)
of SC/ST (Prevention of Atrocities) Act,
1989,(for short, 'SC/ST (POA) Act') pending
on the file of Principal District and Session
Judge, Yadagir, is hereby quashed.
Sd/-
(RAJESH RAI K)
JUDGE
THM
List No.: 1 Sl No.: 36\CT-BH
