- 1 - HC-KAR NC: 2025:KHC-D:10788 CRL.P No. 103322 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103322 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI ABHISHEK RAJ C. S/O PRATHAP RAO, AGE. 35 YEARS, OCC. CONTRACTOR, R/O. PLOT NO.131, BHUDEVI NAGAR, LOTHUKUNTA, NEAR SAIDATTA GARDEN, THIRUMALAGIRI, RANGA REDDY-500 010, DIST. RANGAREDDY, TELANGANA STATE. 2. SHRI CHENNAREDDY NAGAL S/O BHAGAVANTH REDDY, AGE. 33 YEARS, OCC. DRIVER, R/O. HOUSE NO.2-135, GOTURU VILLAGE, DHANVADA MANDALM, RANGA REDDY-500 010, DIST. MEHABOOB NAGAR, TELANGANA STATE. … PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, (THROUGH MOKA POLICE STATION), HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. SHRI RAVIKUMAR M. S/O LATE YERRISWAMY, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10788 CRL.P No. 103322 of 2025 AGE. 41 YEARS, OCC. STATE GOVT. EMPLOYEE, FST-93, BALLARI RURAL ASSEMBLY CONSISTUENCY ASSISTANT STATISTIC OFFICER, ASO DEPARTMENT, DC OFFICE COMPOUND, BALLARI-583 101. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THIS PETITION BY QUASHING THE IMPUGNED COMPLAINT DATED 27.03.2023 AS PER ANNEXURE-A, AND CONSEQUENTIAL REGISTRATION OF IMPUGNED FIR IN CRIME NO.31/2023 DATED 28.03.2023 (ARISING OUT OF NC NO.05/2023) AS PER ANNEXURE-C, AND FILING OF THE CHARGE SHEET NO.50/2023 IN CRIME NO.31/2023 DATED 17.08.2023 AS PER ANNEXURE-D AND SUBSEQUENT ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 18.08.2023 PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI IN C.C. NO.781/2023 AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 FOR THE OFFENCES PUNISHABLE UNDER SECTION 98 OF KARNATAKA POLICE ACT 1963 AS PER ANNEXURE-E AND SUBSEQUENT PROCEEDINGS THEREOF AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10788 CRL.P No. 103322 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court with a prayer to quash the entire proceedings in C.C.No.781 of 2023 pending before the Court of IV Addl. Civil Judge & JMFC, Ballari arising out of Crime No.31 of 2023 registered by Moka Police Station, Ballari District for offence punishable under Section 98 of Karnataka Police Act, 1963. 2. Learned counsel for the petitioners submits that the question that arises for consideration in this petition is covered in Criminal Petition No.50 of 2024 disposed of on 01.04.2025 and in Criminal Petition No.201479 of 2024 disposed of on 20.02.2025. 3. Per contra learned HCGP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioners. 4. Allegation against the petitioners is that when the code of conduct during the assembly elections of Karnataka that was held in the year 2023 was in operation, the petitioners were - 4 - HC-KAR NC: 2025:KHC-D:10788 CRL.P No. 103322 of 2025 found in possession of Rs.5,50,000/- in cash, which was being transported by them in a car bearing registration No.TS-07-FQ 9859. Allegation against the petitioners is that they had failed to give proper explanation for the aforesaid amount of cash, which was found in their possession. 5. It is not in dispute that the alleged offence against the petitioner is non-cognizable in nature. Therefore, compliance of Section 155(2) of Cr.P.C, becomes necessary before registering the FIR or before commencing investigation in the case. In the case on hand, on 27.03.2023, the police have prepared a panchanama under which the aforesaid amount of Rs.5,50,000/- and the vehicle which was used for transporting the same was seized and the said panchanama is part of the charge sheet which is now filed in the present case. 6. The order under Section 155(2) of the Cr.P.C. is said to have been passed on 28.03.2023, copy of the same is available at Annexure-P. Perusal of the same would go to show that the said order is not passed in accordance with law and the same is also not part of the order sheet in C.C. No.781 of 2023 in which further proceedings of the case has been continued. - 5 - HC-KAR NC: 2025:KHC-D:10788 CRL.P No. 103322 of 2025 7. The Coordinate Bench of this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) Vs. the State of Karnataka, through PSI, Kagwad Police Station, Belagavi1 has held that any order passed under Section 155(2) of the Cr.P.C. should form part of the order sheet in which the further proceedings of the case is continued. 8. In the case of Shri R. Amarnath Vs. State of Karnataka and another2 the Coordinate Bench of this Court has held that, merely for the reason that, a person is found in possession of large amount of cash, without valid documents, that itself will not constitute an offence under Section 98 of the Act and to establish an offence under the said provision of law, it must be demonstrated that the property in question is either stolen or fraudulently obtained. It is not the case of the prosecution that the amount which was in possession of the petitioners herein was either stolen or fraudulently obtained. 1 ILR 2020 KAR 630 2 Crl.P. No.50/2024, DD 01.04.2025 - 6 - HC-KAR NC: 2025:KHC-D:10788 CRL.P No. 103322 of 2025 9. Under the circumstances, I am of the opinion that this Criminal Petition has to succeed. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C.No.781 of 2023 pending before the Court of IV Addl. Civil Judge & JMFC, Ballari arising out of Crime No.31 of 2023 registered by Moka Police Station, Ballari District for offence punishable under Section 98 of Karnataka Police Act, 1963 stands quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS, VNP / CT:BCK LIST NO.: 1 SL NO.: 46