BALLARIYAPPA @ BALLARAPPA S/O SIDDAYYA vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC-D:18356
CRL.P No. 100831 of 2024


CNR: KAHC020040762024



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 29 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH


CRIMINAL PETITION NO. 100831 OF 2024

(482(Cr.PC)/528(BNSS))

BETWEEN:

BALLARIYAPPA @ BALLARAPPA
S/O. SIDDAYYA,
AGE. 32 YEARS, OCC. COMPOUNDER,
ST
R/O. 1 WARD
NEAR NEELAKANTESHWARA TEMPLE,
SANTEPETE KARU,
SIRGUPPA TQ.,
BALLARI DIST-583121.

…PETITIONER

(BY SRI. B. ANWAR BASHA, ADVOCATE)

AND :

1. THE STATE OF KARNATAKA,
SIRIGERE POLICE STATION,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.

2. SMT. K. PAVITRA @ KAVERI
W/O. SOMASHEKHAR,
AGE. 17 YEARS,
OCC. HOUSEWIFE,
R/O. GOSBALU VILLAGE,









Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka

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NC: 2026:KHC-D:18356
CRL.P No. 100831 of 2024


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NOW R/O. KURUGODU ROAD,
YEMMIGANUR VILLAGE,
BALLARI-583116.

…RESPONDENTS

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
SRI. PUNEET I.BADIGER, ADVOCATE FOR R2)


THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO, QUASH THE ORDER DATED
17.10.2023 PASSED BY THE I ADDL. DIST. AND SESSIONS
JUDGE FTSC-1 BY ALLOWING THE APPLICATION AND ISSUED
SUMMONS TO THE PETITIONER/ACCUSED NO.7 IS
CONCERNED IN SPL. CASE NO.202/2023 IN CONNECTION
WITH CRIME NO.06/2023 BY SIRIGERI POLICE AND FURTHER
PROCEEDINGS IN SPL. CASE NO.202/2023 PENDING BEFORE
ADDL. DIST. AND SESSIONS JUDGE FTSC-I BALLARI, FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 376(2)(n), 498A, 504
OF IPC AND SECTIONS 4, 6, 8, 10, 12 OF POCSO ACT 2012
AND SECTIONS 9, 10, 11 OF PROHIBITION OF CHILD
MARRIAGE ACT, 2006 AND ETC.,.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR
NC: 2026:KHC-D:18356
CRL.P No. 100831 of 2024


CNR: KAHC020040762024


ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)


1. The petitioner, who is arraigned as Accused No. 7, is
before this Court seeking to quash the entire proceedings
in Special Case No. 202 of 2023, arising out of Crime
No. 6 of 2023 registered by the respondent-police and
pending on the file of the Additional District and Sessions
Judge, FTSC-I, Ballari, for offences punishable under
Sections 376(2)(n), 498-A, and 504 of the Indian Penal
Code, 1860 (IPC), Sections 4, 6, 8, 10, and 12 of the
Protection of Children from Sexual Offences (POCSO) Act,
2012, and Sections 9, 10, and 11 of the Prohibition of
Child Marriage Act, 2006.

Brief facts of the case:


2. The case of the prosecution is that a complaint was
registered by Smt. K. Pavithra, stating that she was
married to Accused No. 1-Somashekar, when she was 17
years 9 months old. After the marriage, she started
residing with her in-laws in their house. During her stay,

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NC: 2026:KHC-D:18356
CRL.P No. 100831 of 2024


CNR: KAHC020040762024


she became pregnant and was three months along. It is
alleged that she faced sexual harassment by her brother-
in-law on several occasions in the said house. Whenever
he passed inappropriate comments and tried to outrage
her modesty, she resisted; to avoid further complications,
she informed her parents about the incidents.
Consequently, the complainant's parents convened a
panchayat, counseled her, and instructed her in-laws to
behave properly.


3. Such being the facts, while the matter stood thus, the
complainant conceived again, and Accused No. 1 took her
to a hospital in Ballari for a medical check-up, insisting
that she undergo an abortion as he did not wish to have
the child. When the victim refused, all the family
members forcibly took her to the hospital and instructed
the doctor to administer a tablet or injection for an
abortion. The petitioner, acting as a compounder,
administered the said injection. Thereafter, she returned
home. In the meantime, she suffered heavy bleeding as a
result of the injection and had to revisit the hospital.

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CRL.P No. 100831 of 2024


CNR: KAHC020040762024


Upon examination, the doctor declared that the fetus had
died in the womb. The dead fetus was subsequently
removed through surgery, following which she lodged a
complaint with the respondent-police. After completing
the investigation, the police submitted the charge sheet.


4. Heard Sri B. Anwar Basha, learned counsel for the
petitioner and Sri. Praveen Y Devareddiyavar, learned
High Court Government Pleader for respondent No.1-
State and Sri. Puneet I Badiger, learned counsel for
respondent No.2.


5. The submission of the learned counsel for the petitioner is
that the petitioner is innocent of the alleged offences. He
acted under the instruction of the Doctor. In fact, all the
family members consented to get the foetus removed
from the womb. Accordingly, the injection was given.
However, later, the victim/complainant lodged a
complaint as if she did not give consent for abortion,
which is far from the truth.

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6. It is further submitted that, even on reading the entire
averments of the complaint, it does not disclose prima
facie case against the petitioner. The petitioner acted
with a bonafide intention under the instruction of the
Doctor. Except for doing the said act, he has not done
anything voluntarily. Such being the fact, if the petitioner
is asked to face the trial, certainly it would not serve any
purpose to the complainant. Therefore, the petition may
be allowed and the entire proceedings against the
petitioner may be quashed in order to secure the ends of
justice. Making such submissions, the learned counsel for
the petitioner prays to allow the petition.


7. Per contra , learned High Court Government Pleader for
respondent No.1 - State vehemently justified filing of
charge sheet against the petitioner and he submitted that
the Investigating Officer has conducted investigation
properly and assessed the overt act of each accused in
the said charge sheet. The overt act against the
petitioner is that he being a Compounder, acted under
the instruction of other accused, injected the drugs which

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caused the miscarriage. The said injection has been
administered against the will of the complainant. As a
result of administering the said injection, the miscarriage
has occurred and the foetus died in the womb. Therefore,
the matter is required to be tried properly before the Trial
Court. The offence is made out against the petitioner.
Hence, at this stage, it is not proper to allow the petition.
Making such submissions, the learned counsel for the
learned High Court Government Pleader for respondent
No.1 - State prays to reject the petition.


8. Learned counsel for the respondent No.2 adopted the
arguments made by learned High Court Government
Pleader for the respondent No.1 and prays to reject the
petition.


9. Having heard learned counsel for the respective parties
and on perusal of the averments of the charge sheet, it
makes clear that the overt-act against the petitioner is
that he has administered the injection, which caused the
miscarriage. The records would indicate that the

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NC: 2026:KHC-D:18356
CRL.P No. 100831 of 2024


CNR: KAHC020040762024


complainant and accused No.1, who are the parents of
the said foetus, consented to undergo abortion. Having
considered the said consent and also other facts and
circumstances of the case, it is appropriate to quash the
proceedings in order to secure the ends of justice. Hence,
I proceed to pass the following:
ORDER

(i) The Criminal Petition is allowed.

(ii) The order dated 17.10.2023 in Special
Case No.202/2023 passed by the
Additional District and Sessions
Judge, FTSC-I, Ballari, in connection
with Crime No.6/2023 registered by
the respondent – Police, allowing the
application filed by the State under
Section 319 of the Code of Criminal
Procedure and issuing summons to
the accused No.7/petitioner herein is
quashed.

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HC-KAR
NC: 2026:KHC-D:18356
CRL.P No. 100831 of 2024


CNR: KAHC020040762024



(iii) Further proceedings in Special Case
No.202/2023 arising from Crime
No.6/2023 registered by the
respondent – Police, pending on the
file of the Additional District and
Sessions Judge, FTSC-I, Ballari, for
the offences under Sections
376(2)(n), 498A, 504 of Indian Penal
Code and Sections 4, 6, 8, 10, 12 of
the Protection of Children from Sexual
Offences Act, 2012 and Sections 9,
10, 11 of Prohibition Of Child Marriage
Act, 2006, insofar as petitioner herein
is concerned, is hereby quashed.





Sd/-
(S.RACHAIAH)
JUDGE


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