RAGHAVENDRA H M vs STATE OF KARNATAKA REP BY SPP

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CRL.P No. 6143 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R

RD
DATED THIS THE 3 DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 6143 OF 2023
(482(Cr.PC) / 528(BNSS)

BETWEEN:

RAGHAVENDRA H.M
SON OF SRI. MARIDEVARU,
AGED ABOUT 18 YEARS,
R/AT GANGENAHALLI POST,
HERANADASIKOPPALU,
BILIKERE HOBLI,
HUNSUR TALUK,
MYSURU - 571 103.
…PETITIONER

(BY SRI. RAGHAVA P., ADVOCATE)

AND:

1.
STATE OF KARNATAKA,
REP. BY SPP,
BY BILIKERE POLICE STATION,
HUNSUR SUB DIVISION,
HUNSUR - 571 103,
MYSURU.

2. POLICE SUB INSPECTOR
BILIKERE POLICE STATION,
BILIKERE,
HUNSUR TALUK,
HUNSUR - 571 103,
MYSURU.

Digitally
signed by
SANJEEVINI J
KARISHETTY
Location:
High Court of
Karnataka

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3.
SRI. PARAMESHA
SON OF SRI. GIRIYAIAH,
AGED ABOUT 24 YEARS

4. SRI. GIRIYAIAH
SON OF LATE KALAIAH,
AGED ABOUT 56 YEARS,

RESPONDENT NOS.3 AND 4 ARE
RESIDING AT ERANDASIKOPPALU VILLAGE,
KASABA HOBLI,
HUNSUR TALUK - 571 103,
MYSURU DISTRICT.
…RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1 AND R2;
SRI. S.A. SABOOR, ADVOCATE FOR R3 AND R4)

THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC
PRAYING TO QUASH THE FIR BEARING NO.57/2023,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 341, 323, 324, 504, 506, 354(B) AND 34 OF IPC,
DATED MARCH 18, 2023, FILED BY THE RESPONDENT -
BILIKERE POLICE STATION, HUNSUR, AGAINST THE
PETITIONER HEREIN AS PER ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

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CRL.P No. 6143 of 2023

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER
The petitioner is before this Court calling in question
proceedings in C.C.No.165 of 2023 pending before the
Additional Civil Judge (Junior Division) and JMFC, Hunsur
arising out of crime in Crime No.57 of 2023 registered for
offences punishable under Sections 341, 323, 324, 504, 506,
354B and 34 of the IPC.
2. Heard Sri Raghava P., learned counsel appearing for
the petitioner, Sri B.N. Jagadeesha, learned Additional State
Public Prosecutor appearing for respondent No.1 and 2 and Sri
S.A. Saboor, learned counsel appearing for respondent Nos. 3
and 4.
3. Facts adumbrated are as follows: -
The petitioner/accused No.3 gets embroiled in Crime
No.57 of 2023 for offences as afore-quoted. The crime is
registered on 18-03-2023 on account of an incident that
happens on 17.03.2023, the previous day. On the relevant date
i.e., the date of the incident – 17-03-2023, the petitioner was
th
below 18 years of age, his date of birth being 10 April, 2005.

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th
Therefore, he would complete 18 years on 9 April, 2023. The
incident happens 20 days prior to the petitioner attaining the
age of 18 years. On 17-03-2023 one Maridevaru was
excavating land by removing soil using a JCB. Certain
opposition comes about from the complainant stating that the
land is in dispute and excavation should be stopped. On the
said date, as alleged by the complainant, despite his resistance
Smt. Kavitha pulled his collar and dragged him near the village
circle, at which point in time the other accused including
Maridevaru, Smt. Lalitha, Sri Raghavendra (the petitioner) and
Sri Shekara are said to have approached the complainant with
metal rods and stones. The complainant is said to have ran for
safety into his house. However, the accused followed him and
assaulted. This becomes the fulcrum of crime in Crime No.57 of
2023. The police conduct investigation and file a charge sheet
against all the accused including the petitioner which is now
pending as C.C.No.165 of 2023 for the afore-quoted offence.
The issue in the lis does not pertain to merit of the matter but
the very jurisdiction of the concerned Court to try the
petitioner. It is on this plea, challenging the charge sheet, the
petitioner is before the Court in the subject petition.

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SUBMISSIONS:
Petitioner:
4. The learned counsel appearing for the petitioner
submits that jurisdictional police had no jurisdiction to register
the crime against the petitioner/accused No.3 as at the relevant
date and time, the petitioner was 17 years and 9 months old
and had to be tried only under Juvenile Justice (Care and
Protection of Children) Act, 2015 (hereinafter referred to as ‘the
Act’ for short) and not for offences punishable under the IPC
like any other accused. The learned counsel takes this Court
through the summary of the charge sheet to indicate that the
only offence against the petitioner is that he had caused injury
by hitting the complainant on his head using a stone.
Therefore, out of the offences so alleged what can at best be
alleged against the petitioner is offence punishable under
Section 324 of the IPC. He would submit that if that is to be
the offence which is not termed to be heinous offence, the
petitioner can only be tried under the Act.
STATE:
5. The learned Additional State Public Prosecutor on the
other hand would refute the submissions to contend that the

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bar of registration of the crime does not relate to the offences
that are not heinous or otherwise. The Police was well within its
jurisdiction to register a FIR against a juvenile and continue the
investigation and result of investigation is filing of charge sheet.
The learned Additional State Public Prosecutor insofar as merit
of the matter is concerned would submit that since the
allegation against the petitioner/accused No.3 is also grave, it
is a matter of trial for him to come out clean.
6. The learned counsel for the petitioner would now join
issue in contending that the provisions of the Act are very clear
with regard to bar of registration of FIR on certain
circumstances and one such circumstance is that if it is a petty
offence and not a heinous offence, the police would not get
jurisdiction to register crime against a juvenile. Admittedly the
petitioner was a juvenile at that point in time. Therefore, the
prosecution against the juvenile at the relevant point in time
cannot be permitted to continue. The learned Additional State
Public Prosecutor now submits that if that would be the
circumstance, the crime should be transferred to the juvenile
police unit and they be permitted to continue prosecution
before the Children’s Court and proceedings should not be

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obliterated altogether as offence is prima facie established
against the petitioner.
7. I have given my anxious consideration to the
submissions made by the respective learned counsel and have
perused the material on record.
8. The afore-narrated facts are a matter of record. The
entire issue is now triggered from the registration of complaint
which becomes a crime in Crime No.57 of 2023 for the afore-
quoted offences. At column 10 of the FIR, the gist of the crime
is as follows:
" 10. ¥ÀæxÀªÀÄ ªÀvÀðªÀiÁ£À ªÀgÀ¢AiÀÄ «ªÀgÀUÀ¼ÀÄ
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CRL.P No. 6143 of 2023

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(Emphasis added)
The police conduct investigation and file a charge sheet. The
summary of the charge sheet, as obtaining in Column No.17,
reads as follows:
“17.
PÉÃ¹£À ¸ÀAQë¥ÀÛ ¸ÁgÁA±À
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ªÉÄÃ®ÌAqÀ 1 jAzÀ 5 gÀªÀgÉV£À DgÉÆÃ¦UÀ¼À «gÀÄzÀÞ PÀ®A: 341, 323, 324,
354(©), 504, 506 gÉ/« 34 L¦¹ jÃvÁå zÉÆÃµÁgÉÆÃ¥Àt ¥ÀvÀæªÀ£ÀÄß vÀAiÀiÁj¹
WÀ£À £ÁåAiÀiÁ®AiÀÄPÉÌ ¸À°è¹PÉÆ¼Àî¯ÁVgÀÄvÀÄÛzÉ."
(Emphasis added)

If the complaint and summary of the charge sheet are
read in tandem the offence that can be laid against the
petitioner is the one punishable under Section 324 of the IPC.
The issue now would be which Court should try the petitioner.
9. Therefore, the issue that falls for consideration in the
case at hand is whether the petitioner, a juvenile at the time of
the incident, as he was 17 years and 10 months old, could be

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tried as an adult before the concerned Court or he should be
tried as a child under the Act before the Children’s Court. To
consider this issue, it is necessary to notice the statutory
landscape.
STATUTORY LANDSCAPE:
10. Section 2 of the Act deals with definitions. Sub-
sections (33), (45) and (54) are necessary to be noticed. They
read as follows:
“ 2. Definitions .—In this Act, unless the context
otherwise requires,—
……. ……. …….
(33) “heinous offences” includes the offences
for which the minimum punishment under
the Indian Penal Code (45 of 1860) or any other
law for the time being in force is imprisonment for
seven years or more;
……. ……. …….
(45) “petty offences” includes the offences for
which the maximum punishment under the Indian
Penal Code (45 of 1860) or any other law for the
time being in force is imprisonment up to three
years;
……. ……. …….
(54) “serious offences” includes the offences for
which the punishment under the Indian Penal Code (45 of
1860) or any other law for the time being in force, is,—

( a ) minimum imprisonment for a term more
than three years and not exceeding seven years; or

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( b ) maximum imprisonment for a term more
than seven years but no minimum imprisonment or
minimum imprisonment of less than seven years is
provided”
(Emphasis supplied)
Sub-section (33) of Section 2 deals with heinous offences.
Heinous offence would include an offence for which the
minimum punishment would be 7 years or more. Sub-section
(45) of Section 2 deals with petty offences. Petty offences are
defined as those offences for which the maximum punishment
would be up to 3 years. Sub-section (54) of Section 2 deals
with serious offences which attract a minimum imprisonment
for a term of more than 3 years and not exceeding 7 years.
Sub-sections (33) and (45) of Section 2 are the ones that are
necessary to be noticed in the case at hand. What is alleged
against the petitioner is offence under Section 324 of the IPC.
Section 324 of the IPC reads as follows:
“ 324. Voluntarily causing hurt by dangerous
weapons or means .—
Whoever, except in the case provided for by
section 334, voluntarily causes hurt by means of
any instrument for shooting, stabbing or cutting, or
any instrument which, used as weapon of offence, is
likely to cause death, or by means of fire or any
heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive
substance or by means of any substance which it is

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deleterious to the human body to inhale, to swallow,
or to receive into the blood, or by means of any
animal, shall be punished with imprisonment of
either description for a term which may extend to
three years, or with fine, or with both.”
(Emphasis supplied)
Offence under Section 324 is punishable with imprisonment up
to 3 years or with fine or with both. It punishes any person
voluntarily causing hurt by dangerous weapons or means.
Therefore, if the definitions under the Act for heinous offence
and petty offence are juxtaposed with Section 324 of the IPC,
the unmistakable inference is that the petitioner can be tried
only for petty offence as defined under the Act and not for
heinous offence.
THE RULES:
11. Certain Rules are notified in exercise of powers under
the Act. The Juvenile Justice (Care and Protection of Children)
Model Rules, 2016 (hereinafter referred to as ‘the Rules’ for
short), are necessary to be noticed. Rule 8 therein assumes
significance for the resolution of the issue in the lis . Rule 8 is
found under Chapter-III, which deals with procedure in relation
to children in conflict with law. It reads as follows:

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" C HAPTER III
PROCEDURE IN RELATION TO CHILDREN IN CONFLICT
WITH LAW

8. Pre-Production action of Police and other
Agencies.—(1) No First Information Report shall be
registered except where a heinous offence is
alleged to have been committed by the child, or
when such offence is alleged to have been
committed jointly with adults. In all other matters,
the Special Juvenile Police Unit or the Child Welfare
Police Officer shall record the information regarding
the offence alleged to have been committed by the
child in the general daily diary followed by a social
background report of the child in Form 1 and
circumstances under which the child was
apprehended, wherever applicable, and forward it
to the Board before the first hearing:

Provided that the power to apprehend shall only be
exercised with regard to heinous offences, unless it is in
the best interest of the child. For all other cases involving
petty and serious offences and cases where apprehending
the child is not necessary in the interest of the child, the
police or Special Juvenile Police Unit or Child Welfare
Police Officer shall forward the information regarding the
nature of offence alleged to be committed by the child
along with his social background report in Form 1 to the
Board and intimate the parents or guardian of the child as
to when the child is to be produced for hearing before the
Board.

(2) When a child alleged to be in conflict with law is
apprehended by the police, the police officer concerned
shall place the child under the charge of the Special
Juvenile Police Unit or the Child Welfare Police Officer,
who shall immediately inform:

( i ) the parents or guardian of the child that the child
has been apprehended along with the address of
the Board where the child will be produced and the

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date and time when the parents or guardian need
to be present before the Board;
( ii ) the Probation Officer concerned, that the child has
been apprehended so as to enable him to obtain
information regarding social background of the
child and other material circumstances likely to be
of assistance to the Board for conducting the
inquiry; and
( iii ) a Child Welfare Officer or a Case Worker, to
accompany the Special Juvenile Police Unit or Child
Welfare Police Officer while producing the child
before the Board within twenty-four hours of his
apprehension.

(3) The police officer apprehending a child alleged to
be in conflict with law shall:

( i ) not send the child to a police lock-up and not delay
the child being transferred to the Child Welfare
Police Officer from the nearest police station. The
police officer may under sub-section (2) of Section
12 of the Act send the person apprehended to an
observation home only for such period till he is
produced before the Board i.e. within twenty-four
hours of his being apprehended and appropriate
orders are obtained as per Rule 9 of these rules;
( ii ) not hand-cuff, chain or otherwise fetter a child and
shall not use any coercion or force on the child;
( iii ) inform the child promptly and directly of the
charges levelled against him through his parent or
guardian and if a First Information Report is
registered, copy of the same shall be made
available to the child or copy of the police report
shall be given to the parent or guardian;
( iiia ) also inform the child and the parent or guardian
immediately regarding the rights and privileges of
the child under the Act and rules;
( iiib ) rights of the child shall also be displayed in every
police station and at prominent places in the
Observation Homes, Special Homes, Place of
Safety;

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( iv ) provide appropriate medical assistance, assistance
of interpreter or a special educator, or any other
assistance which the child may require, as the case
may be;
( v ) not compel the child to confess his guilt and he
shall be interviewed only at the Special Juvenile
Police Unit or at a child-friendly premises or at a
child friendly corner in the police station, which
does not give the feel of a police station or of being
under custodial interrogation. The parent or
guardian, may be present during the interview of
the child by the police;
( vi ) not ask the child to sign any statement; and
( vii ) inform the District Legal Services Authority for
providing free legal aid to the child.

(4) The Child Welfare Police Officer shall be in plain
clothes and not in uniform.

(5) The Child Welfare Police Officer shall record the
social background of the child and circumstances of
apprehending in every case of alleged involvement of the
child in an offence in Form 1 which shall be forwarded to
the Board forthwith. For gathering the best available
information, it shall be necessary upon the Special
Juvenile Police Unit or the Child Welfare Police Officer to
contact the parent or guardian of the child.

(6) A list of all designated Child Welfare Police Officers,
Child Welfare Officers, Probation Officers, Para Legal
Volunteers, District Legal Services Authorities and
registered voluntary and non-governmental organisations
in a district, Principal Magistrate and members of the
Board, members of Special Juvenile Police Unit with
contact details shall be prominently displayed in every
police station.

(7) When the child is released in a case where
apprehending of the child is not warranted, the parents or
guardians or a fit person in whose custody the child
alleged to be in conflict with law is placed in the best

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interest of the child, shall furnish an undertaking on a
non-judicial paper in Form 2 to ensure their presence on
the dates during inquiry or proceedings before the Board.

(8) The State Government shall maintain a panel of
voluntary or non-governmental organisations or persons
who are in a position to provide the services of probation,
counselling, case work and also associate with the Police
or Special Juvenile Police Unit or the Child Welfare Police
Officer, and have the requisite expertise to assist in
physical production of the child before the Board within
twenty-four hours and during pendency of the
proceedings and the panel of such voluntary or non-
governmental organisations or persons shall be forwarded
to the Board.

(9) The State Government shall provide funds to the
police or Special Juvenile Police Unit or the Child Welfare
Police Officer or Case Worker or person for the safety and
protection of children and provision of food and basic
amenities including travel cost and emergency medical
care to the child apprehended or kept under their charge
during the period such children are with them."
(Emphasis supplied)
Rule 8 mandates that no First Information Report shall be
registered against a juvenile except where the offence alleged
is heinous, whether it is committed by a child solitarily or
jointly with adults. The word that separates two insists where
the heinous offence is alleged to have been commited by the
child would undoubtedly mean committed by a child solitarily.
The second instance is where such offences are alleged to have
been committed together with adults. The contention of the

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learned Additional State Public Prosecutor is that such offence
is relatable to both the instances and therefore, a child where it
is a petty offence or heinous offence if it is committed with
adults, they are inseparable and, therefore, the Rules itself
permit a child to be tried by a regular Court.
12. The said submission is unacceptable as the Rules are
clear that a juvenile can be tried by a regular Court only if he is
alleged of commission of a heinous offence. The usage of the
word “such offence” in the section cannot be read in isolation.
It has to be read in tandem with the first instance, as it is trite
law that interpretation of the word should be with the company
that it keeps i.e., the words that are found along with a
particular word which has fallen for interpretation. This is on
the principle of noscitur a sociis, which means the word
should be interpreted with the company of words that it keeps.
The Apex Court in the case of PARLE AGRO PRIVATE
1
LIMITED. v. COMMISSIONER OF COMMERCIAL TAXES ,
deals with the said principle, while interpreting the provisions of
the Kerala Value Added Tax Act, 2003 and has held as follows:

1

(2017) 7 SCC 540

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“…. …. ….

Issue (iv): Principle of “noscitur a sociis”

42. The appellants before the Committee of
Commissioners as well as the High Court have pleaded
that Entry 71 Item 5 mentioned “similar other products
not specifically mentioned under any other entry in this
list or any other schedule”, was required to be considered
in the light of commodities as included in other items
mentioned in Entry 71. It was submitted that “Appy Fizz”
which is a fruit juice based drink is more akin to other
commodities included in Entry 71 other than that which
was included in Section 6(1)( a ). In interpreting Item 5 of
Entry 71 the doctrine of “ noscitur a sociis ” is fully
attracted. Justice G.P. Singh in Principles of Statutory
Interpretation , 14th Edn., has explained the “ noscitur a
sociis ” in the following words:

“ ( b ) Noscitur a sociis
The rule of construction noscitur a
sociis as explained by Lord Macmillan means:
“The meaning of a word is to be judged by the
company it keeps” [ Lord MacMillan, “Law and
Language” (Birmingham 1931).] . As stated by
the Privy Council: ‘It is a legitimate rule of
construction to construe words in an Act of
Parliament with reference to words found in
immediate connection with them.’ [ Angus
Robertson v. George Day , (1879) LR 5 AC 63, p. 69
(PC)] It is a rule wider than the rule of ejusdem
generis ; rather the latter rule is only an application
of the former. The rule has been lucidly explained
[ State of Bombay v. Hospital Mazdoor Sabha , AIR
1960 SC 610, para 9] by Gajendragadkar, J. in the
following words: “This rule, according to
Maxwell, means that when two or more words
which are susceptible of analogous meaning
are coupled together, they are understood to be
used in their cognate sense. They take as it
were their colour from each other, that is, the
more general is restricted to a sense analogous
to a less general. The same rule is thus
interpreted in Words and Phrases.” “Associated
words take their meaning from one another
under the doctrine of noscitur a sociis , the
philosophy of which is that the meaning of the

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doubtful word may be ascertained by reference
to the meaning of words associated with it;
such doctrine is broader than the maxim ejusdem
generis .” In fact the latter maxim “is only an
illustration or specific application of the broader
maxim noscitur a sociis ”. It must be borne in mind
that noscitur a sociis , is merely a rule of
construction and it cannot prevail in cases
where it is clear that the wider words have
been deliberately used in order to make the
scope of the defined word correspondingly
wider. It is only where the intention of the
legislature in associating wider words with
words of narrower significance is doubtful, or
otherwise not clear that the present rule of
construction can be usefully applied.” . ”

(Emphasis supplied)

The Apex Court considers the principle of noscitur a sociis
and holds that words must be interpreted with the company it
keeps or to be a catch all expression. Therefore, the words
under the Act in both the instances cannot be said that if a
child has committed an act singly the child would be tried by
the Children’s Court, but if it is committed along with adults,
would tried by regular Courts. This would be doing violence to
the Rules. The words ‘such offence’ would mean on both
instances. What is important is the nature of the offence as is
defined under the Act. The nature of offence would depend
upon the minimum imprisonment or maximum imprisonment as
the case would be. As observed hereinabove, Section 324 of

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the IPC which is alleged against the petitioner is punishable up
to 3 years or with fine or both. If it is punishable upto 3 years,
it relates a petty offence as defined under the Act and if it is a
petty offence, the Police would not get jurisdiction to register
the crime and investigate into the matter of a juvenile. Juvenile
would be an accused below the age of 18 years committing
petty offence. The crime ought to have been registered before
the juvenile police or the Child Welfare Police Officer in the
Special Juvenile Police Unit.

13. The juvenility of the petitioner is not in dispute. It is
settled principle of law that the plea of juvenility can be urged
even before the Apex Court if the matter were to reach the
Apex Court. Therefore, to avoid the projection of juvenility at a
later point in time, it is necessary to nip the trial in the bud and
transmit the papers to the Children’s Court or juvenile police
unit to conduct investigation altogether from the beginning and
place it before the Children’s Court under the Act for the
concerned Court to regulate its procedure once it is considered
by the Juvenile Justice Board. If trial is permitted against the
petitioner/accused No.3/juvenile of 17 years and 10 months at

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the time of commission of the offence, it would be permitting
the jurisdictional police or the Court to try an accused without
jurisdiction, as answer to jurisdiction can be either a ‘yes’
or ‘no’ but can never be a ‘may be’.

14. For the aforesaid reasons, the following:

ORDER

a. The criminal petition is allowed in-part.

b. The investigation conducted by the respondent Nos.1
and 2 – jurisdictional police in Crime No.57/2023,
stands obliterated in terms of the observations made
in the course of the order.

c. Consequently, the charge sheet filed in
C.C.No.165/2023 and the proceedings pending before
the Additional Civil Judge (Jr. Dn.) and JMFC, Hunsur,
stands quashed.

d. It is made clear that only the investigation conducted
by respondent Nos.1 and 2 is obliterated and not the
offence under Section 324 of the IPC, alleged against
the petitioner.

e. Respondent Nos.1 and 2 are directed to transfer the
entire matter to the Juvenile Police Unit for the
investigation afresh.

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f. The Juvenile Police Unit shall adhere to the procedure
under the Act and the Rules and the observations
made in the course of the order.

Ordered accordingly.

Sd/-
(M.NAGAPRASANNA)
JUDGE

SJK
List No.: 1 Sl No.: 32
CT:BHK