- 1 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 100658 OF 2025 BETWEEN: 1. SHRI. MAHALING S/O PARASAPPA NANDER AGE. 59 YEARS, OCC:ASI R/O: GOKAK NOW AT RAMADURGA TALUK BELAGAVI DISTRICT – 591 123. 2. SHRI DINAKAR S/O KUMAR HUDALI AGE: 38 YEARS, OCC:HOME GUARD R/O: AJIT NAGAR, CHINCHALI TQ: RAYABAG DISTRICT BELAGAVI - 591 123. …PETITIONERS (BY SRI SANTOSH B MALAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH PSI GOKAK RURAL POLICE STATION REPTD. BY ITS ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH. 2. SRI KIRAN S MOHITE AGE: 33 YEARS, OCC: POLICE OFFICER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 GOKAK RURAL POLICE STATION DISTRICT BELAGAVI REP. BY SPP HCK DHARWAD. …RESPONDENTS (BY SRI RAMESH B CHIGARI, AGA FOR R1 & R2 – V.C) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF Cr.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS AND ENTIRE CHARGE SHEET SUBMITTED IN CRIME No.120/2024 DATED 25.09.2024 REGISTERED BY GOKAK RURAL POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTIONS 120B, 109, 480A, 489B, 489C, 406, 419, 420 AND 201 OF IPC, PENDING ON THE FILE OF XII ADDL. DISTRICT AND SESSIONS COURT BELAGAVI, SITTING AT GOKAK IN S.C.No. 8001/2025, IN RESPECT OF THE PETITIONERS/ACCUSED Nos. 10 AND 11 ARE CONCERNED AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR) This petition is filed by petitioners / accused Nos.10 and 11 praying to quash the entire proceedings and charge sheet in Crime No.120/2024 of Gokak Rural Police Station registered for the offence punishable under Sections 120B, 109, 489A, 489B, 489C, 406, 419, 420 and - 3 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 201 of IPC pending on the file of XII Additional District and Sessions Court, Belagavi sitting at Gokak in S.C.No.8001/2025. 2. The Police Sub –Inspector, Gokak Rural Police Station has received credible information on 29.06.2024 at about 3.00 a.m. when he was on patrolling duty about transporting currency notes in white color Swift car by unknown persons. He went to the Police Station, made an entry in the Station House Dairy and thereafter along with staff he came near Sri Choudeshwari Temple at about 3.50 a.m. At about 4.30 a.m. white color Swift car came and on seeing them started reversing the car and they stopped and there were 05 persons inside the car and they disclosed their names. The said 05 persons have shown a black color bag in the dickey contending that it contains cloths. On asking those 5 persons to open the bag and when they opened bag the PSI and his team saw Rs.100/- and 500/- bundle of fake currency notes and on asking them they told the police that they are fake currency notes - 4 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 intended to circulate in the market. The PSI sent his complaint at about 5.20 a.m. with his staff. The said complaint came to be registered in Crime No.120/2024 of Gokak Rural Police Station for the aforesaid offences. Thereafter, the PSI has drawn mahazar and seized vehicle, bag and currency notes under seizure mahazar and arrested the said 05 persons. 3. The police after investigation filed charge sheet for the aforesaid offences and the petitioners have been arrayed as Accused Nos.10 and 11 in the charge sheet. The offences alleged against the petitioners are under Sections 489B, 406, 419, 420 of IPC. The accusation against the petitioners is that they being the police officials have helped the accused persons for passing through check post and conducting fake raid when the accused persons are involved in money doubling. 4. Heard learned counsel for the petitioners and learned HCGP for respondent – State. - 5 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 5. Learned counsel for the petitioners would contend that except the voluntary statement of accused No.8, there is no material against the petitioners regarding they helping the accused persons for passing through check post. There is no allegation against these petitioners of preparing fake currency notes and distributing them. Except that the car of petitioner No.1 / accused No.10 bearing Regn.No.KA-38-M-6049 seized at the instance of accused No.8 and two mobiles said to be used by petitioner No.1/Accused No.10 seized which are kept in the said car. He submits that the said two mobiles are not in the name of petitioner No.1/accused No.10 and they are in the name of accused Nos.8 and 9. There is no recovery from the petitioners. He submits that confession made by the co-accused is not admissible against any co-accused. On that point he relies on the decision of Hon’ble Apex Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 and also the decision of co-ordinate Bench of this Court in the case of Abdul - 6 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 Razak vs. State of Karnataka in Crl.P.No.100588/2023 disposed on 20.01.2024 which has been rendered based on the decision of the Hon’ble Apex Court in Tofan Singh (supra). On the same point he also placed reliance on decision of this Court in the case of Siddaraju vs. State of Karnataka and another in Crl.P.No.12079/2024 disposed on 07.01.2025. 6. Learned counsel for the petitioner further submits that the offence under Section 420 of IPC is not attracted as there is no cheating since inception and on that point he placed reliance on the decision of the Hon’ble Apex Court in the case of Vesa Holdings Private Limited and another vs. State of Kerala and anothers reported in (2015) 8 SCC 293. He further submits that dishonest inducement is sina qua non to attract provision of Section 420 of IPC and on that point he placed reliance on the decision of Hon’ble Apex Court in the case of A.M.Mohan vs. State reported in 2024 SCC Online SC 339. He further submits that test identification has not been - 7 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 conducted and identification by the prosecution is based on photo shown to CW.22. CW.22 has not stated regarding the identity of petitioner No.1/Accused No.10 in his statement recorded under Section 164 of Cr.P.C. and he has stated that only two police were present. Though the phone mapping has been done with the phone of petitioner No.1/accused No.10 but the said phone has not been recovered. On these grounds, he prays for allowing the petition. 7. Per contra, learned HCGP contends that at the instance of accused No.2, the Car belonging to petitioner No.1/Accused No.10 and two mobiles used by the petitioners have been seized. CWs.22 and 23 have identified petitioner No.1/accused No.10 as the police who came for raid. The phone mapping report indicate that petitioner No.1/accused No.10 was found with other accused on different locations at different points of time which indicate that he has participated in commission of offence alleged against him. He placed reliance on the - 8 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 provision of Section 10 of the Evidence Act. On these grounds he prays for dismissal of the petition. 8. Having heard learned counsels, this Court has perused the charge sheet materials. 9. The confession of Accused No.8 clearly indicate that these petitioners/accused Nos.10 and 11 used to help the accused persons for passing through check post. The case of the prosecution is not solely based on the said confession statement of accused No.8. There is seizure of Car belonging to petitioner No.1/Accused No.10 from the possession of Accused No.8 along with two mobiles said to have been used by petitioner No.1/Accused No.10. CWs.22 and 23 are the two witnesses who have identified the petitioners on showing their photos stating that they are two police officials who came for fake raid. There is phone mapping report of the mobile phone of petitioner No.1/Accused No.10 which indicates that petitioner No.1/accused No.10 is found in the same location wherein the accused are found on the same time and date. CW.22 - 9 - HC-KAR NC: 2025:KHC-D:8002 CRL.P No. 100658 of 2025 has not stated identity of petitioners in his statement recorded under Section 164 of Cr.P.C., but there is mention that there are two police. CW.22 has stated in his statement that he has been shown photos of the petitioners and he has identified them as police officials who came for fake raid. As the confession of accused persons against co-accused is coupled with other materials of charge sheet, whether it is admissible or not is a matter of trial. Considering all the charge sheet material there is a case against the petitioners which requires trial. Therefore, there are no grounds for quashing the entire proceedings as sought for. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 19 Sl No.: 2