Karnataka High Court
Sri Nagappa vs State Of Karnataka on 20 December, 2018
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
CRL.P. NO.2645/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.2645 OF 2018
BETWEEN:
SRI NAGAPPA
S/O LATE VENKATARAMANAPPA
AGED ABOUT 73 YEARS
CHUDENAHALLI VILLAGE
VANAKANAHALLI POST
ANEKAL TALUK
BENGALURU RURAL DISTRICT
PIN-562 106
KARNATAKA ... PETITIONER
(BY SHRI P.V. ANANTHARAMAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ANEKAL POLICE STATION
ANEKAL CIRCLE, ANEKAL
BANGALORE RURAL DISTRICT
PIN - 562 106
2. KUM. KAVYA (MINOR)
D/O NAGARAJ
AGED ABOUT 11 YEARS
REPRESENTED BY SRI. NAGARAJ
CHUDENAHALLI VILLAGE
VANAKANAHALLI POST
ANEKAL TALUK
BENGALURU RURAL DISTRICT
PIN - 562 106
KARNATAKA
2
CRL.P. NO.2645/2018
3. SRI CHANDRACHARI
CHILD DEVELOPMENT &
PROTECTION OFFICER
ANEKAL TALUK
BANGALORE RURAL DISTRICT
PIN - 562 106
KARNATAKA ... RESPONDENTS
(BY SHRI I.S.PRAMOD CHANDRA, SPP-II FOR R.1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C PRAYING TO QUASH SPL.C.NO.419/2017
(CR.NO.147/2017) FOR OFFENCES PUNISHABLE UNDER
SECTIONS 4, 8, 12 OF POCSO ACT.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard Shri P.V.Anantharaman, learned advocate for the petitioner and Shri I.S. Pramod Chandra, learned SPP-II for the State.
2. FIR No.147/2017 was registered in Anekal Police station on 26.08.2017 against the petitioner alleging commission of offences punishable under Section 376 of IPC and Sections 4, 8 & 12 of Protection of Children from Sexual Offences Act, 2012. Police, after investigation have filed the charge 3 CRL.P. NO.2645/2018 sheet in Spl.C.No.419/2017 before Child friendly Court, Bengaluru Rural District.
3. Shri P.V. Anantharaman, learned advocate for the petitioner submits that petitioner is aged 73 years and a false case has been registered against him by victim's mother who is petitioner's relative and inimically disposed towards him. Accordingly, he prays that the criminal proceedings against him be quashed.
4. Police, after a detailed investigation have filed the charge sheet. There are in all 30 witnesses sought to be presented before the Court by the prosecution. It is alleged in the charge sheet that the petitioner was found in a water closet with the child victim. The solitary ground urged before this Court is that the petitioner is aged 73 years and he is incapable of committing offences alleged against him. 4 CRL.P. NO.2645/2018
5. The alleged offences are serious in nature and require evidence. The claim of innocence urged before this Court is a matter to be decided after a full fledged trial. Hence, no ground is made out to exercise the power under Section 482 of Cr.P.C. Resultantly, this petition fails and it is accordingly dismissed.
6. In view of dismissal of the petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE AV