Karnataka High Court
N Nagesh vs State Of Karnataka on 26 September, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 9414 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 9414 OF 2022
BETWEEN:
N.NAGESH
S/O R. NAGARAJU,
AGED ABOUT 48 YEARS,
R/AT NO.24,
SHALOM, 11TH MAIN, 2ND 'A' CROSS,
NEAR NAGARAJUNA PU COLLEGE,
ANANTHAPURA, YELLAHANKA,
BENGALURU - 64.
...PETITIONER
(BY SRI. VAIDYA RAVI LAXMINARAYANA., ADVOCATE)
AND:
1. STATE OF KARNATAKA
R/BY EAST ZONE WOMEN P.S.,
Digitally signed by PULAKESHINAGAR SUB-DIVISION,
PADMAVATHI B K BENGALURU-560001.
Location: HIGH
COURT OF
KARNATAKA 2. JERSUHA PEARL
D/O JAYKUMAR,
AGED ABOUT 20 YEARS,
R/AT NO.107,
SHARADA BLOSSOM APARTMENT,
BDS NAGAR, KOTHANURU,
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CRL.P No. 9414 of 2022
BENGALURU - 560 077.
...RESPONDENTS
(BY SRI K.S.ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.116/2022
AT DOCUMENT NO.1 REGISTERED BY 1ST RESPONDENT - EAST
ZONE WOMEN POLICE STATION, BENGALURU FOR THE
OFFENCE P/U/S 10, 17, 4, 9(m), 3(b) OF PROTECTION OF
CHILDREN FROM SEXUAL OFFENCE ACT, 2012 AND SECTION
354, 354(A) AND 376(2)(1) OF IPC REGISTERED BASED ON
THE COMPLAINT LODGED BY THE 2ND RESPONDENT ON
22.07.2022.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.3 calls in question a crime registered against him and other accused in Crime No.116 of 2022 for offences punishable under Sections 10, 17, 4, 9(m), 3(b) of the Protection of Children from Sexual Offices Act, 2012 and Sections 354, 354A and 376(2)(1) of the IPC.
2. Heard Sri Vaidya Ravi Laxminarayana, learned counsel appearing for the petitioner and Sri K.S. Abhijith, learned High Court Government Pleader for respondent No.1. -3- CRL.P No. 9414 of 2022
3. Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:-
A complaint comes to be registered by one Jersuha pearl/complainant against 8 accused and the petitioner is accused No.3. The complaint begins its narration that accused 1 to 3 had began to assault the complainant sexually when she was at that time 6 years old in the year 2006 and the other accused assisted the accused in the crime. Even before the ink on the complaint could dry, the petitioner has knocked the doors of this Court in the subject petition contending that he has nothing to do with the offences alleged.
4. Learned counsel for petitioner would submit that, as a matter of fact, the complaint itself notices that the daughter of the petitioner also was a victim of sexual abuse and sexual harassment and therefore, the proceedings against the petitioner should not be permitted to be continued on the face of it being an abuse of the process of law.
-4-CRL.P No. 9414 of 2022
5. The contention of the learned counsel appearing for the petitioner on the face of it is unacceptable. The crime is registered on 22.07.2022. But, the acts of all the accused date back from 2006 when the complainant was 6 years old up to the year 2021 when the complainant became 20 years old. The complaint narrates such horrendous incidents that they cannot be reproduced in the order. The complaint narrates about immense physical pain, mental trauma and sexual assault by all parties when she was below 18 years old and later as well.
6. Merely because the complaint narrates that the petitioner's daughter was also a victim would not be a ground for this Court to interfere with the proceedings at this juncture in the teeth of horrendous incidents narrated in the complaint. The crime is registered only on 22-07-2022. The matter is still at the stage of investigation and all the offences narrated are clearly against the Society. There can be no interference at this stage of the proceedings on registration of the FIR particularly when the offences narrated are all against the Society. -5- CRL.P No. 9414 of 2022
7. Criminal Petition lacks merit and is dismissed.
Sd/-
JUDGE BKP List No.: 1 Sl No.: 210