- 1 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO. 201385 OF 2024 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 201380 OF 2024 (482(Cr.PC)/528(BNSS)) CRIMINAL PETITION NO. 201435 OF 2024 (482(Cr.PC)/528(BNSS)) CRIMINAL PETITION NO. 201442 OF 2024 (482(Cr.PC)/528(BNSS)) IN CRL.P.NO.201385/2024: BETWEEN: ANIL S/O SUBHASH PANDRE, AGE:55 YEARS, OCC: JEWELRY BUSINESS, R/O. CHALUKYANAGAR, NO.18, 4TH FLOOR, 5 STAR APARTMENT, CHINTAMANI, VIJAYAPURA-586103. …PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH GANDHI CHOWK POLICE, VIJAYAPURA, (RPTD. BY ASPP HC KLB-585103) 2. IQBAL S/O MAHIBOOBSAB NAGARBOUDY, AGE: 49 YEARS, OCC: ARSI, R/O. BHAVANI NAGAR, NEAR RADIO STATION, VIJAYAPURA-586102. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1 R2 SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.(OLD) / UNDER SECTION 528 OF BNSS, PRAYING TO QUASH THE PROSECUTION LAUNCHED AGAINST THE ACCUSED NO.7/ PETITIONER IN C.C NO.5287/2023 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, VIJAYAPURA, (ARISING OUT OF CRIME NO.226/2022 OF GANDHI CHOWK P.S., VIJAYAPURA), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 454, 380, 411 AND 413 OF IPC. IN CRL.P.NO.201380/2024: BETWEEN: ANIL S/O SUBHASH PANDRE, AGE:55 YEARS, OCC: JEWELRY BUSINESS, R/O. CHALUKYANAGAR, CHINTAMANI, 5 STAR APARTMENT, NO.18, 4TH FLOOR, VIJAYAPURA-586103. …PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH GANDHI CHOWK POLICE, VIJAYAPURA, REPTD BY ASPP HC KALABURAGI 585103. 2. HAZARAT BILAL BILAGI S/O HUSSAINSAB, AGE:35 YEARS, OCC: HEAD CONSTABLE, R/O. RAHEEM NAGAR, NEAR GOVT. HOSPITAL COMPOUND, TQ. & DIST. VIJAYAPURA-586103. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.(OLD)/ UNDER SECTION 528 OF BNSS(NEW), PRAYING TO QUASH THE PROSECUTION LAUNCHED AGAINST THE ACCUSED NO.7/PETITIONER IN C.C. NO.5288/2023 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC-I, VIJAYAPURA, (ARISING OUT OF CRIME NO.241/2022, GANDHI CHOWK P.S., VIJAYAPURA) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 457, 380, 411 AND 413 IPC. IN CRL.P.NO. 201435/2024: BETWEEN: ANIL S/O SUBHASH PANDRE, AGE: 55 YEARS, OCC: JEWELRY BUSINESS, R/O. CHALUKYANAGAR, CHINTAMANI, 5 STAR APARTMENT, NO.18, 4TH FLOOR, VIJAYAPURA-586103. …PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH GANDHI CHOWK POLICE, VIJAYAPURA, REPTD. BY ASPP HC KALABURAGI-585103. 2. SMT. SHAILA W/O MANOHAR PUJARI, AGE: 37 YEARS, OCC: TAILOR, R/O. DEVAKI NAGAR, VIJAYAPURA. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.(OLD), UNDER SECTION 528 OF BNSS, PRAYING TO QUASH THE PROSECUTION LAUNCHED AGAINST THE ACCUSED NO.7/PETITIONER IN C.C. NO.5290/2023, ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC COURT, VIJAYAPURA, (ARISING OUT OF CRIME NO.18/2023 IN GANDHI CHOWK P.S., VIJAYAPURA), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 457, 380, 411 AND 413 IPC. IN CRL.P.NO. 201442/2024: BETWEEN: ANIL S/O SUBHASH PANDRE, AGE: 55 YEARS, OCC: JEWELRY BUSINESS, R/O. CHALUKYANAGAR, CHINTAMANI, 5 STAR APARTMENT, NO.18, 4TH FLOOR, VIJAYAPURA-586103. …PETITIONER (BY SRI KADLOOR SATYANARAYANACHARYA, ADVOCATE) - 5 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH GANDHI CHOWK POLICE, VIJAYAPURA, (RPTD. BY ASPP HC KLB-585103). 2. MADHUSUDHAN S/O KALYANRAO UPADHYA, AGE: 50 YEARS, OCC: PRIVATE WORK, R/O. BEHIND GYANG BOWDI WORK SHOP, VIJAYAPURA-586102. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1; R2 SERVED) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.(OLD) / UNDER SECTION 528 OF BNSS(NEW), PRAYING TO QUASH THE PROSECUTION LAUNCHED AGAINST THE ACCUSED NO.7/PETITIONER IN C.C. NO.5289/2023 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, VIJAYAPURA, (ARISING OUT OF CRIME NO.11/2023 OF GANDHI CHOWK P.S., VIJAYAPURA), FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 457, 380, 411, 413 OF IPC. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON’BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON’BLE MR. JUSTICE V. SRISHANANDA) 1. Heard learned counsel Sri Kadloor Satyanarayanacharya for the appellant and learned High - 6 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 Court Government Pleader Sri Jamadar Shahabuddin for respondent No.1-State. 2. In these matters the petitioner is one and the same, who is having Jewelry shop in Azad Road in the building known as M.R Plaza, Makandar Complex, at Vijayapura; in respect of Crime No.226/2022 of Gandhi Chowk Police, Vijayapura, the Investigating Officer apprehended accused persons and based on their voluntary statements proceeded to the shop of the petitioner and in the guise of recovering the stolen articles said to have been pledges with the petitioner, the Investigating Officer took away the gold and silver articles which were exhibited in the show-case to be shown to the general public. 3. The petitioner resisted for the said highhanded action of the Investigating Officer, but it was all in vain. In respect of one complaint, he has been treated as a witness, but in respect of the other four cases, he has - 7 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 been arraigned as accused as he did not co-operate with the Police and complained to the higher authority of the Police about highhanded action of the Investigating Officer. Police after registering the case, filed charge- sheet against the petitioner also, the same is called in question in all these petitions. 4. Sri Kadloor Satyanaranacharya, reiterating the grounds urged in the petition contended that, in fact, the petitioner is a whistle blower. In respect of the one case, whatever ornaments which were pledged in the shop has been handed over to the custody of the Police pursuant to the voluntary statement made by the accused and as a dutiful citizen he has co-operated with the investigation. 5. However, in the guise of investigating the matter when the Police tried highhandedly to seize the other gold and silver ornaments the petitioner offered resistance and despite his resistance, highhandedly the - 8 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 Police seized the gold and silver ornaments which are exhibited in his shop. 6. Being aggrieved by such highhanded action of the Investigating Officer, petitioner complained to the higher Police Officials by specially making the complaint in writing stating that the articles which was seized from the shop of the petitioner did not tally with the complaint averments, for which the Investigating Officer was investigating the matter and therefore, petitioner sought for action against the highhanded activities of the Investigating officer. 7. It is the further submission of the learned counsel for the petitioner that being enraged with the complaint lodged by the petitioner with the higher Police officials, present petitioner has been falsely implicated as an accused in the remaining FIRs and in the light of seizure of ornaments he has been shown as accused in the charge-sheet as well resulting in an abuse of process of - 9 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 law. Therefore, Sri Kadloor Satyanarayanacharya sought for quashing of the remaining FIRs except the FIR where he has been shown as a witness. 8. Per contra, learned High Court Government Pleader Sri Jamadar Shahabuddin for respondent-State justifies the action taken by the Police in arraigning the present petitioner as an additional accused when he failed to co-operate with the Police in handing over the articles that were found in his shop which was actually the proceeds of the theft committed by the other accused persons and sought for dismissal of the petition. 9. Having heard the arguments on both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that in one case the Investigating Officer has shown the present petitioner as witness. 10. But in respect of the other four FIRs petitioner has been shown as an additional accused. The allegation - 10 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 in the Column No.17 as against the petitioner is that he is the receiver of the stolen property. 11. Whether the property seized by the Investigating Officer from the shop of the petitioner is the property which is the subject matter of the theft or not cannot be decided by this Court at this juncture by holding a mini trial. 12. No doubt, prima facie few discrepancies are found in the recovery mahazar which may not tally with the description of stolen articles. Even the said aspect of the matter needs to be established during trial by placing necessary material on record and also the right of the accused in questioning the seized articles being the proceeds of the theft or not. 13. It is too premature for this Court to express any opinion on the said aspect of the matter, as it may act prejudicial to the rights and interest of the prosecution as well as the present petitioner in the pending trial. - 11 - HC-KAR NC: 2025:KHC-K:3288 CRL.P No. 201385 of 2024 C/W CRL.P No. 201380 of 2024 CRL.P No. 201435 of 2024 CRL.P.201442 of 2024 14. Accordingly, this Court is of the considered opinion that if the petitioner is reserving the right of questioning the validity of recovery mahazar of articles seized therein and establish his defence, ends of justice would be met. 15. Accordingly, the following: ORDER i. The petitions are dismissed. ii. It is made clear that this Court has not expressed any opinion on the merits of the case and all the contentions that are available to the petitioner are kept open to be canvassed in the pending trial. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 37 CT:PK