Karnataka High Court
CRL.A/1373/2025 of SRI. HARISH. E Vs THE STATE OF KARNATAKA on 24 July 2026
CNR: KAHC010432102025 NC: 2026:KHC:38246 CRL.A No. 1373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO.1373 OF 2025 (C) BETWEEN: SRI HARISH E. S/O. ERANNA @ ERANAYAKA HINDU AGED ABOUT 23
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO.1373 OF 2025 (C)
BETWEEN:
SRI HARISH E.
S/O. ERANNA @ ERANAYAKA
HINDU
AGED ABOUT 23 YEARS
R/AT SANTHE PETE, SIRA TOWN
TUMAKURU DISTRICT-572 101
(IN JUDICIAL CUSTODY FROM THE DATE OF ARREST)
…APPELLANT
(BY SRI K. MURTHY, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
THE STATION HOUSE OFFICER
SIRA POLICE
REPRESENTED BY ITS
HIGH COURT GOVERNMENT PLEADER AT
HIGH COURT OF KARNATAKA
BENGALURU-560 001
2.
XXXXX VICTIM
D/O. RAJANNA AND MANJAMMA
NOW AGED ABOUT 21 YEARS
R/AT ANTHAPURA, SIRA TALUK
TUMAKURU DISTRICT
…RESPONDENTS
(BY SRI M. V. ANOOP KUMAR, ADDL.S.P.P., FOR R-1, SRI RAVISHANKAR S., ADVOCATE FOR R-2)
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
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THIS CRL.A. IS FILED U/S. 374(2) CR.P.C (U/S 415(2)
BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING TO
SET
ASIDE
THE
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JUDGMENT
DATED 23.04.2025 AND 08.05.2025 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FTSC-1) AT TUMAKURU IN SPL.C.NO.293/2023 AND ACQUIT THE ACCUSED/APPELLANT FOR THE OFFENCES P/U/S. 6 OF POCSO ACT, U/S. 376(2)(n) OF IPC, BY ALLOWING THE ABOVE APPEAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. Learned counsel for the respective parties has filed a joint memo dated 10.07.2026 along with joint affidavit. The averments of the joint affidavit reads thus: JOINT AFFIDAVIT
We, Rajanna S/o Late Junjappa, aged about 44 years, and Manjamma W/o Rajanna, aged about 39 years, residing at Mekerahalli Post, Sira Taluk, Anthapura, Tumkur District- 572137, Barleve parents of the victim girl, Now at Bangalore, do hereby solemnly affirm and state as follows:
1. We are the biological parents of the victim girl, now our daughter is aged about 21 years, and we are competent to swear to this affidavit.
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2. We submit that upon hearing and believing the words of certain outsiders/strangers, we had initially lodged a complaint against the accused Harish. E and pursuant to same criminal case registered as Spl.C.No.293/2023 under Sections 376(2) of IPC & Sections 6 of POCSO Act against the appellant herein and the said continuous case is presently pending before this Hon'ble Court by challenging the order of conviction.
3. We submit that the said case came to be lodged on account of misunderstanding, pressure and influence from the third parties. Subsequently, we came to know that the relevant time, both the victim girl and accused were acquainted and attached to each other emotionally. At the time of lodging the complaint, we were under a mistaken belief and without understanding the true facts and relationship between our daughter and the accused. However the true facts reviled recently.
4. We submit that, upon proper deliberation and understanding the true facts and circumstances, we as parents have realized and came to know that the victim girl and accused were/are in love and are desirous and their relationship was consensual of leading their marital life together as husband and wife.
5. We further submit that, we being the parents of the victim girl, have no objection for such union and are agreeable for the settlement of the dispute in the interest of the future life of our daughter. We state that in view of
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the incident, no bridegroom will come forward to marry our daughter and our efforts to perform the marriage of victim girl became fruitless. That after due discussions within our family and with the consent of our daughter, we have agreed to solemnize her marriage with the accused [Harish.E] in accordance with law. That apart our daughter i.e, victim girl has agreed to marry the appellant, as she was expressing her consent to marry him from the beginning. But in view of pendency of the case we could not proceed and there was no proper advice in that regard. Since we are doing agriculture and cooli.
6. Therefore, it is for the better future of the appellant and victim girl, we are filing this joint affidavit. The victim girl only the daughter for us.
7. We further state that we do not wish to pursue the criminal proceedings against the Victim/accused, and we have no subsisting grievance against him. We have no objection for quashing of the present criminal proceedings against the accused [Harish.E] and we further state that we do not wish to pursue the complaint filed earlier.
8. We are swearing to this joint affidavit voluntarily, without any coercion or undue influence, only to bring the true facts before this Hon'ble Court.
Therefore, we place this Joint Affidavit before this Hon'ble High Court with utmost respect, praying that the Hon'ble
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Court may be pleased to consider and pass appropriate orders in the interest of justice and equity..
We are swearing to the above fact as true and correct.
We, the Father and Mother of the Victim girl, do hereby declare that these are our names and signatures and that the contents of this affidavit are true and correct to best of my knowledge, information and belief.
2. On going through the averments of the joint memo and considering the future of both appellant and the victim and also to secure the ends of justice, it is appropriate to record the compromise and dispose of the matter in accordance with law.
3. Hence, I proceed to pass the following:
ORDER
i. This Criminal Appeal is disposed off in terms of compromise. ii. The order dated 23.04.2025 passed in Spl.C.No.293/2023 on the file of Additional District and Sessions Judge (FTSC-I), Tumakuru, is hereby set aside.
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iii. The appellant is acquitted for the offences punishable under Section 6 of the POCSO Act and Section 376(2)(n) of IPC. iv. Bail bonds executed if any, stands cancelled.
Sd/- (S RACHAIAH) JUDGE
NM/-