Karnataka High Court
Sadhu Kokila vs The State Of Karnataka on 11 February, 2026
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NC: 2026:KHC:8403
CRL.P No. 4699 of 2019
C/W CRL.P No. 5172 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL PETITION NO. 4699 OF 2019
C/W
CRIMINAL PETITION NO. 5172 OF 2019
IN CRL.P NO. 4699/2019
BETWEEN:
SADHU KOKILA
S/O NATESHAN,
AGED ABOUT 50 YEARS,
OCC: FILM ACTOR,
R/AT NO.638, BSK 3RD STAGE,
7TH BLOCK, 2ND PHASE,
HOSAKERIHALLI CROSS,
BENGALURU - 560 085
...PETITIONER
(BY SRI. H.S. CHANDRAMOULI, SR. COUNSEL A/W
SRI. RAJATH, ADVOCATE)
AND:
Digitally signed
by PRASHANTH
NV 1. THE STATE OF KARNATAKA
Location: High BY THE POLICE OF
Court of SARASWATHIPURAM POLICE
Karnataka
STATION, MYSURU-570009
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001
2. JAYARATHNA A
W/O NOT KNOWN,
AGED ABOUT 35 YEARS,
OCC: POLICE INSPECTOR,
WOMEN POLICE STATION,
MYSURU - 570 009
...RESPONDENTS
-2-
NC: 2026:KHC:8403
CRL.P No. 4699 of 2019
C/W CRL.P No. 5172 of 2019
HC-KAR
(BY SMT. ASMA KOUSER, ADDL. SPP FOR R1
R2 SD)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.778/2019 (CR.NO.215/2017) OF
SARASWATHIPURAM P.S.) NOW PENDING ON THE FILE OF THE
LEARNED JUDICIAL MAGISTRATE FIRST CLASS (III COURT) MYSURU
FOR THE OFFENCES P/U/S 344, 347, 376(K)(N), 354A(1)(I)(II), 506
R/W 34 OF IPC, IN SO FAR AS THIS PETITIONER IS CONCERNED.
IN CRL.P NO. 5172/2019
BETWEEN:
MANDYA RAMESH
S/O. N. SUBRAMANYAM,
AGED ABOUT 55 YEARS,
OCC: FILM ACTOR,
R/AT HOUSE NO. 14,
10TH MAIN ROAD,
10TH "A" CROSS,
RANGARAO K COLONY,
K-BLOCK, RAMAKRISHNA
NAGAR, MYSURU - 570 022.
...PETITIONER
(BY SRI. H.S. CHANDRAMOULI, SR. COUNSEL A/W
SRI. RAJATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE POLICE OF
SARASWATHIPURAM POLICE
STATION, MYSURU-570009
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001
2. JAYARATHNA A
-3-
NC: 2026:KHC:8403
CRL.P No. 4699 of 2019
C/W CRL.P No. 5172 of 2019
HC-KAR
W/O NOT KNOWN,
AGED ABOUT 35 YEARS,
OCC: POLICE INSPECTOR,
WOMEN POLICE STATION,
MYSURU - 570 009
...RESPONDENTS
(BY SMT. ASMA KOUSER, ADDL. SPP FOR R1
R2 SD)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.778/2019 (CR.NO.215/2017) OF
SARASWATHIPURAM P.S.) NOW PENDING ON THE FILE OF THE
LEARNED JUDICIAL MAGISTRATE FIRST CLASS (III COURT) MYSURU
FOR THE OFFENCES P/U/S 344, 347, 376(K)(N), 354A(1)(I)(II), 506
R/W 34 OF IPC, IN SO FAR AS THIS PETITIONER IS CONCERNED.
THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
COMMON ORAL ORDER
The petitioners in Crl.P.No.4699/2019 and Crl.P.No.5172/2019 being accused Nos.2 and 3 respectively in C.C.No.778/2019 (in Crime No.215/2017 of Saraswathipuram Police Station) pending on the file of the Judicial Magistrate First Class (III Court) at Mysuru, registered for the offences punishable under Sections 344, 347, 376(k)(n), 354(A)(1)(i)(ii), 506 read with Section 34 of Indian Penal Code -4- NC: 2026:KHC:8403 CRL.P No. 4699 of 2019 C/W CRL.P No. 5172 of 2019 HC-KAR (for short 'the IPC'), are seeking to quash the criminal proceedings initiated against them.
2. Heard Sri H.S. Chandramouli, learned senior advocate for Sri. Rajath, learned counsel for the petitioners and Smt.Asma Kouser, learned Additional Special Public Prosecutor for respondent No.1 - State. Respondent No.2 though served with notice has remained unrepresented. Perused the materials on record.
3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?"
My answer to the above point is in the 'Affirmative' for the following:
REASONS
4. Respondent No.2 being the Police Inspector of Women Police Station, Saraswathipuram, Mysuru, is said to have received credible information regarding a beauty parlor -5- NC: 2026:KHC:8403 CRL.P No. 4699 of 2019 C/W CRL.P No. 5172 of 2019 HC-KAR run by accused No.1 where the victim was employed as a masseuse and it is learnt that the offences under Sections 5 and 6 of Immoral Traffic Prevention Act, 1956 (for short, 'ITP Act') was being committed. On the basis of such credible information, a suo-moto case came to be registered in Crime No.215/2017 and investigation was undertaken on 20.12.2017. A spot mahazar is said to have drawn on the same day where it is stated that the victim was found inside the premises, washing the utensils, was rescued and her statement and further statement were recorded.
5. The statements of other witnesses including the co- worker were recorded and after investigation, the charge-sheet came to be filed for the above said offences. The allegations against these petitioners is for the offence punishable under Section 354(A)(1)(i)(ii) of IPC. The learned Magistrate registered C.C.No.778/2019 and it is pending for passing the order for committing the matter to the Sessions Court. In the meantime, the petitioners have approached this Court seeking to quash the criminal proceedings.
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NC: 2026:KHC:8403 CRL.P No. 4699 of 2019 C/W CRL.P No. 5172 of 2019 HC-KAR
6. As per the case made out by the prosecution, the victim being a helpless lady joined the beauty parlor run by accused No.1 as she was promised the job as a beautician. When she had gone there, accused No.1 being the owner insisted her to do his body massage, she was also forced to massage the private parts and to attend other customers as well. On some occasions, she was also forced to do such acts remaining naked. Thereby it is stated that she was sexually exploited in the beauty parlor.
7. Even though the victim has referred to the name of accused No.1 repeatedly and stated the specific overt-acts committed by him, she has not referred to the names of these petitioners initially. However, she refers to the name of one Ravi who is also said to have committed sexual harassment to the victim.
8. The statement of the victim under Section 164 of Cr.PC was recorded on 22.12.2017 where for the first time, the victim referred the names of these petitioners that, they used to visit the parlor. In the further statement that was recorded on 26.12.2017 she again referred to the names of these -7- NC: 2026:KHC:8403 CRL.P No. 4699 of 2019 C/W CRL.P No. 5172 of 2019 HC-KAR petitioners stating that they had also visited the beauty parlor and she was required to do massage to them as well. On the basis of these statements of the victim, the final report came to be filed for the above said offences against accused Nos.1 to 3.
9. Now it is the contention of the learned senior advocate for the petitioners that, bald allegations are made against the petitioners that they had visited the parlor and she had done the massage to them, cannot be the basis for launching the criminal proceedings as the allegation is bald which lacks details such as the date, time, place and also the manner in which the offence was committed. The allegations against accused No.1 is serious in nature. But regarding the petitioners herein, there is only a reference that they had visited the parlor and had undergone the massage. Apart from that, there are no other materials to constitute the offence even under Section 354(A)(1)(i)(ii) of IPC.
9. It is pertinent to note that the Investigating Officer has recorded the statements of CWs.3, 9, 10, 11 and 13 to 15. All these witnesses have categorically stated that these petitioners had never come to the parlor for any services. -8-
NC: 2026:KHC:8403 CRL.P No. 4699 of 2019 C/W CRL.P No. 5172 of 2019 HC-KAR
10. CW.3 is the Secretary of Jnana Sindhu Swadhara Gruha, a shelter home for the destitutes. He has given the statement that the victim had came to the Swadhara Gruha for shelter and counseling on 01.12.2017. She was subjected to counseling and at that time, she has stated regarding the acts committed by accused No.1. The witness also states that thereafter the victim was sent to Odanadi Samsthe, a NGO which has given the shelter to the victim. Strangely, the FIR came to be registered on 20.12.2017 and on the same day, the spot mahazar was drawn. But as per the spot mahazar, the victim was still in the beauty parlor or saloon and was found washing the utensils. This is a very serious contradiction found in the case made out by the prosecution. However, against these petitioners there are absolutely no materials to constitute even the offence under Section 354(A)(1)(i)(ii) of IPC as it is only on the basis of bald and vague allegation made by the victim in her statement under Section 164 of Cr.PC and in her further statement. Under such circumstances, I am of the opinion that there are no prima-facie materials to constitute the offence in question to go for trial. Therefore, continuation of the criminal proceedings against the petitioners without there -9- NC: 2026:KHC:8403 CRL.P No. 4699 of 2019 C/W CRL.P No. 5172 of 2019 HC-KAR being sufficient materials will amount to abuse of process of law.
11. In view of the above, I am of opinion that the criminal proceedings initiated against the petitioner is liable to be quashed. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following:
ORDER
(i) The Criminal Petitions are allowed.
(ii) The criminal proceedings initiated against the petitioners in C.C.No.778 of 2017 (Crime No.215/2017 of Saraswathipuram Police Station), pending on the file of the learned Judicial Magistrate First Class (III Court), Mysuru, registered for the offences punishable under Sections 344, 347, 376(k)(n), 354A(1)(i)(ii) and 506 read with Section 34 of IPC, is hereby quashed.
SD/-
(M G UMA) JUDGE MKM CT:VS