Karnataka High Court
CRL.P/7393/2026 of SRI SHIVANANDA @ SHIVU Vs STATE OF KARNATAKA on 17 July 2026
CNR: KAHC010347392026 NC: 2026:KHC:36790 CRL.P No. 7393 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7393 OF 2026 BETWEEN: SRI SHIVANANDA @ SHIVU S/O SIDDAPPA PARASANALLI, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7393 OF 2026
BETWEEN:
SRI SHIVANANDA @ SHIVU
S/O SIDDAPPA PARASANALLI,
AGED ABOUT 23 YEARS,
RESIDENT OF KANNOLI VILLAGE,
KASABA HOBLI, SINDAGI TALUK,
VIJAYAPURA DISTRICT.
PIN 586 115.
…PETITIONER
(BY SRI GEORGE LAZARUS R., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY
TUMAKURU WOMEN POLICE
TUMAKURU
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.
2.
SMT.GAYATHRI
W/O CHANDRASHEKARAIAH G.P.,
AGED ABOUT 40 YEARS
RESIDING AT SREEKANTAMURTHY NILAYA
Digitally signed
by
PADMAVATHI B
K
Location: High
Court of
Karnataka
HC-KAR
6TH CROSS, VIDYANAGARA
TUMAKURU TOWN
TUMAKURU – 572 106.
…RESPONDENTS
(BY SMT.DEEPTHI ALVA, HCGP R-1;
SRI RAVIKUMAR B.K., ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.528 BNSS PRAYING TO QUASH
THE CHARGE SHEET IN SPL.C.NO.569/2025, PENDING ON THE
FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE FTSC-1
AT TUMAKURU FILED BY THE RESPONDENT POLICE AGAINST
THE PETITIONER FOR THE ALLEGED OFFENCES FILED AGAINST
THE PETITIONER FOR THE ALLEGED OFFENCES P/U/S 64, 137(2) AND 88 OF BNS 2023 AND SEC.6 OF POCSO ACT 2012.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner/the sole accused is before the Court seeking to quash the proceedings in Special Case No.569 of 2025 pending on the file of Additional District and Sessions Judge (FTSC-1), Tumakuru.
HC-KAR
2. Heard Sri George Lazarus R, learned counsel appearing for petitioner, Smt Deepthi Alva, learned High Court Government Pleader appearing for respondent No.1 and Sri Ravikumar B.K., learned counsel appearing for respondent No.2.
3. This Court on 06-07-2026 owing to the submission of the learned counsel appearing for the petitioner that if 15 days time is granted, the petitioner would marry the victim and produce the certificate, had passed the following order: “Learned High Court Government Pleader is directed to accept notice for respondent No.1.
Issue emergent notice to respondent No.2.
The learned counsel for the petitioner submits that the complainant and the petitioner are now wanting to get married. The offence alleged is the one of rape. Therefore, if the petitioner and respondent/complainant are wanting to get married, the petitioner shall get married, produce a registration certificate of such marriage, and place it before the Court on the next date.
List this matter on 17.07.2026 in the `fresh matters list'.”
The petitioner has now married the victim and has produced the marriage certificate. In the light of the marriage between
HC-KAR
the two, notwithstanding the offence being punishable under the POCSO Act, I deem it appropriate to close the proceedings on account of the marriage of the petitioner with the victim however, with a rider that in the event the petitioner would leave the victim in the lurch, the POCSO proceedings would get revived.
4. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is allowed.
(ii) Proceedings in Spl.Case No.569 of 2015 pending before the Additional District and Sessions Judge – FTSC-1, Tumakuru stand quashed qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
bkp List No.: 2 Sl No.: 67