SHRI SHARATH BABU A S vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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CRL.P No. 9302 of 2024


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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K


CRIMINAL PETITION NO. 9302 OF 2024

BETWEEN:

SHRI SHARATH BABU A.S
S/O SUDHAKAR BABU A,
AGED ABOUT 23 YEARS,
TH
R/AT NO.07, GATTIGERE, 4 CROSS,
BEML V STAGE, RAJARAJESHWARI NAGAR,
BENGALURU - 560 098
…PETITIONER
(BY SRI. DHARANESHA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY RAJARAJESHWARI NAGARA P.S,
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
BENGALURU - 560 001.

2. XXX
XXX
…RESPONDENTS
(BY SRI. MAHESHA P, HCGPF FOR R1,
SRI. S.S. GUTTAL, ADVOCATE FOR THE IMPLEADING
APPLICANT)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED
10.06.2024 PASSED BY THE HON'BLE LIII ADDITIONAL CITY
CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU CITY IN










Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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THEIR S.C.NO.99/2022 ARISING OUT OF CRIME NO.202/2021
OF RAJARAJESHWARI NAGARA POLICE STATION, REGISTERED
FOR THE OFFENCES P/U/S 420, 376, 313, 323, 504, 506 OF
THE IPC.

THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

1. This petition is filed under Section 482 of Cr.P.C.,
seeking to set aside the order dated 10.06.2024 passed by the
learned LIII Additional City Civil and Sessions Special Judge,
Bengaluru, in S.C.No.99/2022, arising out of Crime
No.202/2021 registered by the 1st respondent-Police for the
offences punishable under Sections 420, 376, 313, 323, 504
and 506 of IPC, whereby the application filed by the petitioner
under Section 227 of Cr.P.C. seeking discharge came to be
dismissed.
2. The factual matrix of the case is that, on
29.10.2021 at about 11.45 a.m., the prosecutrix lodged a
complaint before the 1st respondent-Police against the
petitioner alleging that she had come in contact with the
petitioner, who was her colleague working at HDFC Bank.

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Subsequently, they fell in love with each other and became
intimate. During November 2020, the petitioner invited her to
his residence bearing No.69, 5th Cross, Gattigere,
Rajarajeshwari Nagar, stating that a pooja was arranged at his
residence and that his parents wanted to see her. However, on
reaching the said residence, she found nobody present. Taking
advantage of the situation, the petitioner allegedly committed
forcible sexual intercourse with her. Thereafter, he threatened
her that he would commit suicide if she failed to cooperate with
him, lodged a complaint against him or informed her parents. It
is further alleged that, by emotionally blackmailing her, the
petitioner had sexual intercourse with her on three to four
occasions at different hotels.
3. In September 2021, when the prosecutrix informed
the petitioner that she was pregnant, he promised to marry her
and, acting upon such assurance, she underwent abortion at
Human Divine Hospital, Katriguppe. It is further alleged that,
even during the said process, the petitioner represented himself
as her husband in the hospital records. Subsequently, when the
prosecutrix requested the petitioner to marry her, he refused

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and allegedly assaulted her and attempted to take away her
life. On account of the same, the prosecutrix, having suffered
depression, attempted to commit suicide and underwent
treatment at Manovana Manasika Arogya Kendra.
4. Thereafter, on 29.10.2021, the prosecutrix lodged
the complaint against the petitioner, which came to be
registered in Crime No.202/2021 for the offences punishable
under Sections 376, 313, 420, 323, 504 and 506 of IPC. The
1st respondent-Police, after investigation, filed the charge-
sheet on 08.12.2021 for the aforesaid offences. In the
meantime, on 01.11.2021, the prosecutrix committed suicide.
Accordingly, the learned Magistrate took cognizance of the
offences and committed the case to the learned Sessions
Judge, where it was registered as S.C.No.99/2022.
5. Before the learned Sessions Court, the petitioner
filed an application under Section 227 of Cr.P.C. seeking
discharge. Upon considering the charge-sheet materials,
including the oral and documentary evidence placed on record,
the learned Sessions Judge rejected the said application.
Aggrieved by the same, the petitioner is before this Court.

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6. Heard the learned counsel for the petitioner,
learned counsel appearing for prosecutrix, so also the learned
HCGP.
7. Apart from urging several other contentions,
learned counsel for the petitioner primarily contended that, on
perusal of the FIR and charge-sheet materials, there is no
material against the petitioner to attract the offences
punishable under Sections 376, 313, 420, 323, 504 and 506 of
IPC. According to him, the prosecutrix was a major, aged about
22 years, and had voluntarily engaged in consensual sexual
intercourse with the petitioner. Even as per the averments in
the complaint, the prosecutrix and the petitioner were sexually
involved on several occasions, travelled together to different
places and stayed in lodges. Hence, the essential ingredients of
Section 376 of IPC or the other alleged offences are not made
out against the petitioner.
8. He further contended that the petitioner and the
prosecutrix were in a relationship and that the prosecutrix had
voluntarily undergone abortion. According to him, thereafter,
she suffered depression and ultimately committed suicide. After

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her death, another complaint came to be lodged, pursuant to
which the police registered the FIR and the investigation is
under progress. In such circumstances, the ingredients of
Sections 376, 313, 420, 323, 504 and 506 of IPC are not
attracted against the petitioner. It was further contended that
the learned Sessions Judge, without properly appreciating the
documentary evidence, statements of witnesses and other
materials placed on record by the petitioner, proceeded to
reject the application filed under Section 227 of Cr.P.C. seeking
discharge.
9. He further contended that there is an inordinate
delay in lodging the complaint. Though the alleged incident is
stated to have occurred during the period from August to
November 2020, the complaint came to be lodged only in
October 2021. Such unexplained delay casts serious doubt on
the allegations made against the petitioner. Accordingly, he
prayed that the petition be allowed.
10. The prayer is vehemently opposed by learned
counsel appearing for respondent No.2 and learned HCGP,
contending that the averments in the complaint and charge-

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sheet prima facie disclose that the petitioner initially had sexual
intercourse with respondent No.2 forcibly and thereafter
threatened her not to disclose the same either to the police or
to her family members. It is further contended that, when she
became pregnant, the petitioner forced her to undergo
abortion. In support of the said allegations, there are
documentary materials in the charge-sheet, including scan and
sonography reports.
11. With regard to the alleged delay in lodging the
complaint, it is submitted that the offences were continuing
from the year 2020 till the date of lodging of the complaint and,
therefore, the delay cannot be termed as inordinate. It is
further contended that, on account of the acts of the petitioner,
the prosecutrix ultimately committed suicide. In such
circumstances, since there are prima facie materials available
on record against the petitioner and the scope of an application
under Section 227 of Cr.P.C. is limited, the learned Sessions
Judge was justified in rejecting the application for discharge.
Accordingly, they prayed for dismissal of the petition.

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12. I have given my anxious consideration on the
submissions of learned counsel for both the parties and perused
the material on record.
13. At the outset, this petition is directed against the
order passed on an application filed under Section 227 of
Cr.P.C. seeking discharge. It is well settled that discharge can
be granted only when, upon consideration of the material on
record, the Court finds that there is no prima facie case against
the accused. Keeping the said principle in mind, when the
merits of the case are examined, it is not in dispute that the
petitioner and the prosecutrix were colleagues working in HDFC
Bank and, in the course of time, they became intimate. The
averments in the complaint specifically disclose that, in
November 2020, the prosecutrix visited the residence of the
petitioner pursuant to his representation that a pooja had been
arranged at his house. However, on reaching there, she found
that nobody was present. It is alleged that, taking advantage of
the situation, the petitioner forcibly had sexual intercourse with
her and thereafter threatened and blackmailed her and
continued to have sexual intercourse with her on several

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occasions. The documents placed before this Court by the
learned HCGP and learned counsel appearing for the
prosecutrix disclose that the prosecutrix had become pregnant
and that she subsequently underwent abortion. The said fact is
prima facie supported by the diagnostic and ultrasonography
reports produced along with the charge-sheet. Thus, the
material on record prima facie indicates that the prosecutrix
conceived as a result of her relationship with the petitioner and
thereafter underwent abortion. The charge-sheet further
discloses that the prosecutrix suffered depression on account of
the alleged acts of the petitioner and, when he failed to marry
her, she ultimately committed suicide. In this regard, a
separate case has been registered against the petitioner and
the same is stated to be under investigation.
14. In the present case, the police have conducted a
detailed investigation and laid the charge-sheet against the
petitioner for the aforesaid offences. Thereafter, upon rejection
of the application for discharge, charges have been framed
against the petitioner and the matter is now set down for trial,
wherein the witnesses are being examined. At this stage, this

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Court, while exercising jurisdiction under Section 482 of
Cr.P.C., cannot undertake a detailed appreciation or evaluation
of the evidence as would be required at the stage of trial.
15. Having regard to the limited scope of an application
under Section 227 of Cr.P.C. and the prima facie materials
available on record, the learned Sessions Judge was justified in
holding that the petitioner was not entitled to be discharged
from the offences alleged against him. On an overall
consideration of the material on record, I am of the considered
view that the impugned order does not call for interference.
Accordingly, the petition being devoid of merits, stands
dismissed
.
In view of dismissal of the petition, pending I.As., if any,
are disposed of.
SD/-
(RAJESH RAI K)
JUDGE


PKS/List No.: 1 Sl No.: 3