Full Judgment Text
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NC: 2026:KHC-K:3276
CRL.P No. 200386 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 10 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 200386 OF 2026
BETWEEN:
1. DAVOOD
S/O GULAM HUSSAIN
AGED ABOUT 34 YEARS,
OCC: AGRICULTURE,
R/AT TADABIDI VILLAGE,
TQ: WADAGERA,
DIST: YADGIRI - 585 201
2. NAGALAXMI @ NAGAVENI @ NAGADEVI
D/O KRISHNAPPA
AGED ABOUT 22 YEARS,
OCC: HOUSEWIFE
R/AT GARLADDINI
DIST: ANANTHPURA
ANDRA PRADESH STATE - 515 731
Digitally signed by
PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
3. MUNIYAMMA
W/O KRISHNAPPA
AGED ABOUT 60 YEARS,
OCC: HOUSEWIFE
R/AT GARLADDINI
DIST: ANANTHPURA
ANDRA PRADESH STATE-515 731
4. SHIVUKUMAR @ KUPPUSWAMY
AGED ABOUT 30 YEARS,
OCC: AGRICULTURE
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CRL.P No. 200386 of 2026
HC-KAR
R/AT GARLADDINI
DIST: ANANTHPURA
ANDRA PRADESH STATE - 515 731
…PETITIONERS
(BY SRI. BASAVARAJ C. JAKA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH YADGIRI WOMEN POLICE STATION,
DIST: YADGIRI - 585 201
NOW REPRESENTED BY ADDL SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107
…RESPONDENT
(BY SRI. JAMADHAR SHAHABUDDIN, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD),
U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE
PROCEEDINGS IN CC NO. 73/2025 PENDING ON THE
FILE OF SENIOR CIVIL JUDGE AND JMFC AT YADGIRI SO
FOR AS PETITIONERS ARE CONCERNED, ARISING OUT
OF IN CRIME NO. 15/2024 REGISTERED BY THE
RESPONDENT YADGIRI WOMEN POLICE FOR THE
OFFENCES PUNISHABLE U/SEC. 370 R/W 149 OF IPC,
AND SEC. 80, 81 OF JUVENILE JUSTICE ACT 2015
AGAINST THE PETITIONERS TO SECURE THE ENDS OF
JUSTICE AND TO PREVENT ABUSE OF PROCESS OF THE
COURT AND PASS SUCH OTHER ORDER OR ORDERS,
WHICH THIS HONOURABLE COURT MAY BE PLEASED TO
PASS IN THE CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
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CRL.P No. 200386 of 2026
HC-KAR
ORAL ORDER
This criminal petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the
proceedings against the petitioners/accused Nos.3 to 6 in
C.C.No.73/2025, arising out of Crime No.15/2024,
registered by Women Police Station, Yadgir, for the
offences punishable under Section 370 r/w Section 149 of
Indian Penal Code, 1860 (for short, ‘IPC’) and Sections
80 and 81 of Juvenile Justice (Care and Protection of
Children) Act, 2015 (for short, ‘J.J.Act’), pending on the
file of Senior Civil Judge and CJM, Yadgir.
2. The factual matrix of the case is, one Lalsab,
CDPO, Yadgir, lodged complaint before the respondent-
Police alleging that, he received information from child
helpline No.1098 that, accused No.4/petitioner No.2-
Nagalakshmi delivered a male child without getting
married. In view of delivery of illegitimate child, the
family members of her had not ready to accept the child.
As such accused Nos.1 and 2, who were issueless,
interested to take care of the child. Accordingly, they
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approached accused No.4 and accused No.5/petitioner
No.3-mother of accused No.4 and requested them to give
in adoption of the child. For the same, accused Nos.4 and
5 agreed and given in adoption of child to accused Nos.1
and 2 and they took care of the child for 1 year 9
months. Thereafter, this complaint has been lodged by
CDPO, Yadgir, and child was taken to Government
Adoption Centre, Yadgir, and FIR came to be registered
against accused Nos.1 to 8 including these petitioners in
Crime No.15/2024 for the aforementioned offences.
Subsequently, the respondent-police have investigated
the case and laid charge-sheet against accused Nos.1 to
7 by dropping accused No.8 by arraying this petitioners
as accused No.3 to 6 and the learned Magistrate took
cognizance of the offences. Aggrieved by the same, the
petitioners are before this Court to quash the
proceedings. Accused No.1 and 2 approached this Court
under Section 528 of BNSS in Crl.Pet.No.200679/2025
and the same was allowed by this Court vide order dated
12.02.2026 and quashed the proceedings against them.
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3. Heard learned counsel for the petitioners and
learned High Court Government Pleader for respondent-
State.
4. Apart from urging several contentions, learned
counsel for the petitioners primarily contented that the
offence under Sections 80 and 81 of the J.J. Act and
Section 370 of IPC do not attract to the facts and
circumstances of this case for the reason that, the child
given in adoption is not an abandoned child or
surrendered child as defined under Section 2(42) and
2(60) of the J.J. Act and the accused Nos.1 and 2 have
not paid any amount to either accused Nos.4 and 5 or
other accused. In such circumstance, the proceedings
cannot be continued against these petitioners.
Accordingly, he prays to allow the petition.
Per contra,
5. learned High Court Government
Pleader opposed the prayer on the ground that the
petitioners have given the child in adoption knowing fully
that the same is illegal act and without following the
procedure of adoption. He further contended that accused
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Nos.1 and 2 have paid money to the mother of the child
and as such, the same would attract Section 370 of IPC.
Hence, he prays to dismiss the petition.
6. I have given my anxious consideration both
on submissions made by the learned counsel for the
respective parties and documents available on record.
7. The complaint averments discloses that,
accused No.4-Nagalakshmi, delivered a male child
without disclosing the paternity of the child. Thereafter,
the mother and brother of accused No.4 have not shown
any interest to take care of the child since the same is
illegitimate child. As such, accused Nos.1 and 2 along
with accused No.3 approached accused Nos.4 to 6 and
adopted the child by an oral adoption without following
the procedure.
8. However, the complaint averments does not
disclose that these petitioners have received any amount
from accused Nos.1 and 2, on the other hand accused
Nos.4 and 5 voluntarily given the child in adoption to
accused Nos.1 and 2 and the child was with the care and
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custody of accused Nos.1 and 2 for 1 year 9 months.
Admittedly no complaint had been filed by accused No.4,
the mother. The instant case has been registered based
on the complaint of CDPO, Yadgir. As such, in my
considered view Section 370 of IPC does not attract
against these petitioners. Regarding Sections 80 and 81
of the J.J. Act, it is settled position of law that if the
adoption was taken without following the procedure
prescribed under the J.J. Act, though the same attracts
the provision under Section 80 of the J.J Act, subject to
the condition that, if such adoption is done in respect of
an orphan, abandoned or surrendered child without
following the procedure provided under the J.J. Act. In
the instant case, the child was neither abandoned nor
surrendered child, the child was given in adoption by the
mother. In such circumstances, the definition under
Section 2(1), 2(4), 2(60) of the J.J. Act, do not attract
against the petitioners. Further, mere procedural
irregularities do not attract the provision under Section
80 of J.J. Act also.
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9. In such circumstance, even if the entire
allegation made in the charge-sheet materials is accepted
on its face value also, the offences alleged against the
petitioners/accused Nos.3 to 6 do not attract against
them. Hence, continuation of the proceedings against
them is nothing but abuse of process of court.
Accordingly, I proceed to pass the following:
ORDER
allowed.
(i) The petition is
(ii) The proceedings against the
petitioners/accused Nos.3 to 6 in
C.C.No.73/2025, arising out of Crime
No.15/2024, registered by Women Police
Station, Yadgir, for the offences punishable
under Section 370 r/w Section 149 of IPC
and Sections 80 and 81 of Juvenile Justice
(Care and Protection of Children) Act, 2015,
pending on the file of Senior Civil Judge and
CJM, Yadgir, is hereby quashed.
Sd/-
(RAJESH RAI K)
JUDGE
PKS/List No.: 19 Sl No.: 3