- 1 - HC-KAR NC: 2025:KHC-D:14455 CRL.P No. 100546 of 2022 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.100546 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AKBAR @ AKBAR BASHA LALASAB MULLA, AGE. 35 YEARS, OCC. PRIVATE, R/O. KUDALA SANGAM, HUNUGUND TQ., BAGALKOT-587112. 2. SHIVAYYA IRAYYA HIREMATH S/O. IRAYYA HIREMATH, AGE. 37 YEARS, OCC. PRIVATE, HUNUGUND TQ., BAGALKOT-587112. …PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (THROUGH HUNUGUND P.S.) BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14455 CRL.P No. 100546 of 2022 2. BOPUGOUDA IRANAGOUDA PATIL D/O. IRANAGOUD PATIL, AGE. 58 YEARS, OCC. GOVT. EMPLOYEE, R/O. NANKIHAL P H, BAGEVADI, NOW AT VIDYANAGAR, HUNUGUND TQ., BAGALKOT DIST.-587118. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO, QUASH THE COMPLAINT (CR.NO.130/2017 REGISTERED BY HUNUGUNDA P.S.) CHARGE SHEET, ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 22.06.2018 AND ALL FURTHER PROCEEDING PURSUANT THERE TO AGAINST THE PETITIONERS/ACCUSED NO.2 AND 3 IN CC NO.719/2018, ARISING OUT OF CR.NO.130/2017 FOR THE ALLEGED OFFENCES UNDER SECTION 379 OF IPC ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HUNUGUND TALUK, BAGALKOT DISTRICT AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14455 CRL.P No. 100546 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners/accused Nos.2 and 3 are before this Court seeking to quash the complaint in Crime No.130/2017 of respondent/Police for the offences punishable under Section 379 of Indian Penal Code, 18601 pending in CC No.719/2018 on the file of Principal Civil Judge and JMFC, Hunugund. 2. Factual matrix of the case; The complaint came to be registered by the Officer of Nursery stating that on 04.06.2017 around about 09.00 am, when the complainant and Rangappa went to the work of Nursery, situated in the forest area and found that 200 saplings were found missing. On thorough enquiry, they came to know that, it was stolen by Ningappa Yankanchi. Therefore, a complaint came to be registered against him. During the investigation, the names of these petitioners were included on the basis of the voluntary statement of the 1 For short ‘IPC’ - 4 - HC-KAR NC: 2025:KHC-D:14455 CRL.P No. 100546 of 2022 co-accused. The respondent/Police after conducting the investigation submitted the charge-sheet, being aggrieved by the same, the petitioners are before this Court. 3. Heard the learned counsel Sri.J.Basavaraj for the petitioners and the learned High Court Government Pleader Sri.Praveen Y.Devareddi for respondent No.1-State. 4. It is the submission of the learned counsel for the petitioners that, the petitioners have been falsely implicated in this case on the basis of the voluntary statement made by the accused No.1. No saplings were recovered at the instance of the petitioners. None of the witnesses have made their statement before the Investigating Officer regarding accompany or presence of these petitioners along with the accused No.1. 5. It is further submitted that, when the petitioners are implicated under the voluntary statement of co-accused, is hit by Sections 24 and 25 of the Indian Evidence Act, 1872. Under such circumstances asking the petitioners to face the trial certainly would be an abuse of process of law. - 5 - HC-KAR NC: 2025:KHC-D:14455 CRL.P No. 100546 of 2022 Therefore, the order of taking cognizance has to be quashed. 6. Per contra, the learned High Court Government Pleader vehemently submitted that, the petitioners may have to file necessary application before the Trial Court for discharge. Without approaching the Trial Court, seeking to quash the order of taking cognizance cannot be entertained as there are prima facie materials available on record to proceed against these petitioners. Making such submissions, he prays to reject the petition. 7. Having considered the submissions of the learned counsel for the respective parties and also perused the averments of the complaint and charge-sheet, it appears from the record that, initially a complaint came to be registered against one accused. Thereafter, on voluntary statement of accused No.1, these petitioners were arrayed as accused Nos.2 and 3. However, nothing has been recovered at their instance to demonstrate that there is a nexus between accused No.1 and these petitioners. Under - 6 - HC-KAR NC: 2025:KHC-D:14455 CRL.P No. 100546 of 2022 these circumstances, even if they are facing the trial, the possibility of conviction in my considered view, is very bleak. Such being the position, it is appropriate to quash the proceedings in order to secure the ends of justice. 8. In light of the observations made above, I proceed to pass the following; ORDER i) The Criminal Petition is allowed. ii) The entire Criminal proceedings in Crime No.130/2017 of respondent/Police for the offence punishable under Section 379 of IPC, pending in CC No.719/2018 on the file of Principal Civil Judge and JMFC, Hunugund, are hereby quashed. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 15