Allowed¶53

Sri. Y Naagasheshu @ Yannan Nagasheshu v. the State of Karnataka

Quashing – S.482 Cr.PC

Karnataka HC27 Nov 2025CRL.P/12933/2023

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Case brief

AI extract

What is this about?

Karnataka High Court, CRL.P No.12933 of 2023, decided 27-11-2025 by Justice M.I. Arun. Quashing of POCSO/S.363 IPC charge sheet against Accused No.3: only allegation was lending of Rs.5,000/- to Accused No.1, with no material showing the purpose of the loan or the petitioner's knowledge, and no allegation in the complaint by the victim's mother; S.482 Cr.PC jurisdiction; insufficiency of investigation material; abetment; proceedings quashed qua petitioner; respondent No.2 served but absent.

What did the court decide?

Quashing of the proceedings in Spl.C.C.No.657/2023 pending on the file of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, insofar as they relate to the petitioner (Accused No.3). ¶53

Sri. Y Naagasheshu @ Yannan Nagasheshu Vs… — Child Sexual Offences (POCSO) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the proceedings in Spl.C.C.No.657/2023 pending on the file of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, insofar as they relate to the petitioner (Accused No.3).

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Issue for consideration

Whether the proceedings/charge sheet in Spl.C.C.No.657/2023 against the petitioner (Accused No.3) are liable to be quashed under Section 482 Cr.PC, the only allegation against him being that Accused No.1 borrowed Rs.5,000/- from him allegedly used for commission of the offence, with no allegation against him in the complaint and no investigation material showing the purpose of the loan or his knowledge.

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Court's answer

There is no allegation made against the petitioner (Accused No.3) in the complaint lodged by respondent No.2, the mother of the victim.

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Ratio / Principle

The charge-sheet allegation that Accused No.1 borrowed Rs.5,000/- from the petitioner and utilised it for eloping with the victim and having successful intercourse with her is not borne out by the investigation material placed along with the charge sheet; the learned HCGP was unable to show any material that Accused No.1 told the petitioner he required Rs.5,000/- to elope with a minor girl and have successful intercourse with her.

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Key takeaways

Even if the allegation made against the petitioner is believed/held to be true, he cannot be convicted of the offences alleged.ratio¶44
The criminal petition is allowed and the proceedings in Spl.C.C.No.657/2023, insofar as they relate to the petitioner, stand quashed.ratio¶53

Detailed headnote1 paragraphs

Quashing - S.482 Cr.PC - petitioner was Accused No.3 in Spl.C.C.No.657/2023 (Crime No.15/2023), FTSC-I, Bengaluru, for offences under S.363 IPC and POCSO Act 2012 (cause title: Ss.3(a), 4, 5(l), 6, 11(iv), 12, 16, 17) - sole allegation against him in the charge sheet that Accused No.1 borrowed Rs.5,000/- from him allegedly used for eloping with the minor victim and intercourse - admittedly no allegation against the petitioner in the complaint by the victim's mother (respondent No.2) - investigation material placed with the charge sheet does not reveal the purpose of the loan or the petitioner's knowledge - HCGP unable to show any such material - held that even if the allegation is believed true, the petitioner cannot be convicted of the offences alleged - criminal petition allowed; proceedings against the petitioner quashed (M.I. Arun J., 27-11-2025).

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NC: 2025:KHC:49571 CRL.P No. 12933 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.12933 OF 2023

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

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BETWEEN:

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SRI. Y NAAGASHESHU @ YANNAN NAGASHESHU

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S/O RAMASUBBARAO, AGED ABOUT 20 YEARS, RESIDENT OF TIRUPATHI MANDALAM, TIRUPATHI DISTRICT, ANDHRA PRADESH-517 503.

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…PETITIONER

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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(BY SRI. JAGADISH G. KUMBAR, ADVOCATE FOR

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SRI. B.P. SWAMY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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BY VIDYARANYAPURA POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560 001.

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NC: 2025:KHC:49571 CRL.P No. 12933 of 2023

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HC-KAR

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SMT. BEBI S W/O C. CHANDRASHEKAR NAIDU, AGED ABOUT 35 YEARS, R/AT NO.49, AKSHAYANAGARA, ATTURU LAYOUT, YELAHANKA NEW TOWN, BANGALORE-560 064.

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…RESPONDENTS

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(BY SRI. K. NAGESHWARAPPA, HCGP FOR R.1; NOTICE TO R.2 IS HELD SUFFICIENT VIDE COURT ORDER DATED 17.06.2025.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN SPL.C.C.NO.657/2023 (CRIME NO.15/2023) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 363 OF IPC AND SECTIONS 3(a), 4, 5(L), 6, 11(iv), 12, 16, 17 OF POCSO ACT 2012 REGISTERED BY RESPONDENT VIDYARANYAPURA POLICE, PENDING ON THE FILE OF THE HON'BLE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE FTSC-I, AT BENGALURU AGAINST THE PETITIONER/ACCUSED NO.3 VIDE ANNEXURES-'A' AND 'D', ETC.

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THIS PETITION, COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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NC: 2025:KHC:49571 CRL.P No. 12933 of 2023

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HC-KAR

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ORAL ORDER

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Petitioner is accused No.3 in Spl.C.C.No.657/2023 pending on the file of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru. On the ground that accused No.1 kidnapped the victim, who was a minor girl at that time and had sexual intercourse with her, and that accused Nos.2, 3 and 4 abetted the commission of the said crime, all the accused have been charged under Section 363 of IPC and Sections 4, 6, 12 and 17 of the Protection of Children from Sexual Offences Act. Aggrieved by the same, the present petition is filed by accused No.3 with a prayer to quash the proceedings against him.

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The case of the petitioner is that, he is not involved in the alleged crime in any manner whatsoever. It is submitted that accused No.1 and the victim were actually in love, and that they have got married thereafter and are presently leading a happy married life. It is further submitted that no allegation is made against the petitioner in the complaint. It is further submitted that the only

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4 - NC: 2025:KHC:49571 CRL.P No. 12933 of 2023

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HC-KAR

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allegation made against the petitioner in the police report

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is that accused No.1 borrowed a sum of Rs.5,000/- from the petitioner which has been used for commission of the offence alleged against him. It is submitted that the same to be false. It is also submitted that even presuming that accused No.1 borrowed a sum of Rs.5,000/- from the petitioner herein, the investigation material does not reveal as to the fact that the same was borrowed for the purposes of committing the crime as alleged by accused No.1 and that the petitioner herein had the knowledge of the same. For the said reason, it is prayed that the proceedings against the petitioner herein be quashed.

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Respondent No.2, in spite of being served, has remained absent.

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Learned HCGP, for respondent No.1, upon instructions, justifies the proceedings against the petitioner herein and prays for dismissal of the criminal petition.

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NC: 2025:KHC:49571 CRL.P No. 12933 of 2023

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HC-KAR

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However, he is unable to show what is the material against the petitioner herein which shows that accused No.1 told the petitioner that he requires a sum of Rs.5,000/- so that he can elope with a minor girl and have successful intercourse with her.

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Admittedly, there is no allegation made against the present petitioner in the complaint lodged by respondent No.2, who is the mother of the victim. Though in the charge sheet it is alleged that accused No.1 borrowed a sum of Rs.5,000/- from the petitioner herein (accused No.3) and utilized the same for eloping with the victim and have successful intercourse with her, the investigation material placed along with the charge sheet does not reveal the same.

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Under the circumstances, I am of the opinion that even if it is believed that the allegation made against the

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NC: 2025:KHC:49571 CRL.P No. 12933 of 2023

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HC-KAR

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petitioner herein is held to be true, he cannot be convicted

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of the offences alleged.

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Hence, the following:

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ORDER

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(i) The criminal petition is allowed;

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(ii) The proceedings in Spl.C.C.No.657/2023 pending on the file of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, insofar as it relates to the petitioner herein stands quashed.

SD/(M.I.ARUN)

JUDGE

hkh.

List No.: 1 Sl No.: 36

Sri. Y Naagasheshu @ Yannan Nagasheshu v. the State of Karnataka

Case brief

What is this about?

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Sri. Y Naagasheshu @ Yannan Nagasheshu v. the State of Karnataka

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