- 1 - NC: 2025:KHC-D:3762 CRL.P No. 102664 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102664 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. IQBAL @ IKBAL USMAN SHARIF @ U. MOHAMMED UMAR SHERIFF, S/O. USMAN SHARIEF, AGED ABOUT 50 YEARS, RESIDING AT NO. 271/Q BLOCK, ANNA NAGAR, FORT, SALEM, TAMIL NADU-636 001. 2. SRI. FAROOK I @ FARUQ ILIYASBHASHA S/O. ILLIYAS BASHA, AGED ABOUT 44 YEARS, RESIDING AT NO.142/2, METTUMAKKAN STREET, SALEM TAMIL NADU-636 001. 3. SRI. SHAKIL H S/O. HAJI ALI AGED ABOUT 46 YEARS, RESIDING AT NO. 101/172-1, BANGLA STREET, SHABA PETH, SALEM, TAMIL NADU-636 002. …PETITIONERS (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH MARKET PS., BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:52 +0530 - 2 - NC: 2025:KHC-D:3762 CRL.P No. 102664 of 2024 2. SRI. RAMESH GOKAK AGED ABOUT 46 YEARS, FATHERS NAME NOT KNOWN, POLICE INSPECTOR, MARKET PS BELAGAVI CITY-590 001, REPRESENTED BY STATE PUBLIC PROSECUTOR, STATE OF KARNATAKA, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, (482 OF CR.P.C.), SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.385/2018 ARISING OUT CRIME NO.26/2015 OF THE MARKET POLICE STATION, BELAGAVI FOR THE OFFENCE PUNISHABLE U/S 98 OF THE KARNATAKA POLICE ACT, 1963 PENDING BEFORE THE JMFC-II, BELAGAVI AGAINST THE PETITIONERS/ACCUSED NO.2, 3 AND 4. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who are accused Nos. 2, 3, and 4, have been charge-sheeted for an offence under Section 98 of the Karnataka Police Act, 1963, and are before this Court seeking relief by quashing the criminal proceedings initiated against them. 2. The prosecution alleges that on 5th February 2015, while the complainant was on duty, he received credible information that three persons traveling from Kolhapur in a Scorpio car were carrying silver articles and cash, which were suspected to be stolen property. Acting on this information, the complainant, along with his staff and panch witnesses, intercepted the vehicle. - 3 - NC: 2025:KHC-D:3762 CRL.P No. 102664 of 2024 Upon inspection, it was found that the accused were in possession of silver articles and cash, and they did not offer any satisfactory explanation for having these items. 3. Heard were the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents. 4. The seizure of the silver articles and cash was reported to the Income Tax Department. The Income Tax Officer (Investigation) at Belgaum issued a notice dated 7th February 2015 to petitioner No.3, directing him to produce the books of account related to the possession of the seized items. The petitioners submitted a suitable reply explaining the circumstances of their possession. Subsequently, the petitioners filed an application before the learned Magistrate for the release of the seized articles and cash, and the Magistrate, by communication dated 28th February 2015, directed the police officer to release the silver ornaments. 5. To constitute an offence under Section 98 of the Karnataka Police Act, 1963, there must be a reasonable suspicion that the seized articles and cash were stolen property. In the instant case, aside from the allegation that the petitioners did not furnish the books of account, there is no further evidence that the items were suspected to be stolen by the petitioners. Moreover, the petitioners have produced a receipt dated 5th February 2012 (Annexure-G) issued by Rajesh Silver Pvt. Ltd., Mahaveer Nagar, Hupari, District Kolhapur, which clearly indicates that the father of petitioner No.3 had purchased the said articles. - 4 - NC: 2025:KHC-D:3762 CRL.P No. 102664 of 2024 6. In the absence of any material evidence to substantiate that the silver articles and cash were stolen property, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed, and the impugned proceedings in C.C. No.385/2018, arising out of Crime No.26/2015 and registered by the Market Police Station, Belagavi, and pending on the file of the learned JMFC-II, Belagavi, insofar as they relate to the petitioners/accused Nos. 2, 3, and 4, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 2 Sl No.: 1