- 1 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100996 OF 2023 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100997 OF 2023 CRIMINAL PETITION NO. 100998 OF 2023 CRIMINAL PETITION NO. 100999 OF 2023 CRIMINAL PETITION NO. 101000 OF 2023 CRIMINAL PETITION NO. 101001 OF 2023 CRIMINAL PETITION NO. 101002 OF 2023 IN CRL.P.NO.100996 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. BASAVANT S/O. HOLABASAPPA ANGADI AGE. 56 YEARS, OCC. TEACHER, R/O. NAVANAGAR SECTOR 5 PLOT, S-105, BAGALAKOTE, BAGALKOT. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 22/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:19 +0530 - 2 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS SECTION-457, 380 AND 411 OF IPC, 1860 IN THE INTEREST OF JUSTICE. IN CRL.P.NO.100997 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SHARIFKHAN S/O. ISMAILSAB LAIN AGE. MAJOR, OCC. GOVERNMENT SCHOOL TEACHER, R/O. HUNGUND MYAGALAPET NOW AT MUDHOL, BAGALKOT. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 18/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER SECTION-457, 380, 411 AND 201 OF IPC, 1860 IN THE INTEREST OF JUSTICE. IN CRL.P.NO.100998 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) - 3 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SHARIFKHAN S/O. ISMAILSAB LAIN AGE. 59 YEARS, OCC. TEACHER, R/O. HUNGUND AT MUDHOL(T), BAGALKOT(D). …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 25/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER SECTION-457, 380, 201 AND 411 OF IPC, 1860 IN THE INTEREST OF JUSTICE. IN CRL.P.NO.100999 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. RAJABI MADARAPATEL GUBYAD AGE. 58 YEARS, OCC. TEACHER, R/O. HM ROLLI HIGH SCHOOL, BILAGI, BAGALKOT. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) - 4 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 24/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER SECTION-457, 380 AND 411 OF IPC, 1860 IN THE INTEREST OF JUSTICE. IN CRL.P.NO.101000 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. MALLAPPA S/O. NINGAPPA INGALESHWAR AGE. MAJOR, OCC. GOVT. GAZETTED OFFICIAL, R/O. AKHSAR DASOH YOJANE, T.P. OFFICE, BILAGI-587116, BAGALKOT. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 21/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER SECTION-457, 380 AND 411 OF IPC, 1860 IN THE INTEREST OF JUSTICE. IN CRL.P.NO.101001 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, - 5 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. RANJANA TIPPANNA BHASKAR AGE. 50 YEARS, OCC. TEACHER, R/O. VIJAYPUR ATHANI ROAD, VIDHYA NAGAR, VIJAYPUR-452010. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 26/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER SECTION-457, 380 AND 411 OF IPC, 1860 IN THE INTEREST OF JUSTICE. IN CRL.P.NO.101002 OF 2023: BETWEEN: MAHANTESH S/O. NINGAPPA ELEMMI AGE. 43 YEARS, OCC. BUSINESS, R/O. NEAR MUCHAKHANDI CROSS, KEMP ROAD, BAGALKOTE. …PETITIONER (BY SRI. M.L.VANTI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PSI BILAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. - 6 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS 2. AMEEN S/O. DASTAGIR CHOUDARI AGE. MAJOR, OCC. GOVT. SCHOOL TEACHER, R/O. ANAGAWADI, BILAGI-587116, BAGALKOT. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, QUASH THE INITIATION OF PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 7 IN C.C. NO. 23/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, BILAGI, FOR THE OFFENCERS PUNISHABLE UNDER SECTION-457, 380 AND 411 OF IPC, 1860 IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, accused No. 7, who is common to these petitions and charge-sheeted for offences punishable under Sections 457, 380, and 411 of the Indian Penal Code, 1860 (IPC), has approached this Court seeking relief. 2. The prosecution’s case is that accused Nos. 1 to 5 stole milk powder from a school, which was meant for distribution to students, and sold it to accused No. 6. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. - 7 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS 4. A perusal of the charge sheet material indicates that an FIR was initially lodged against unknown persons, alleging the theft of milk powder stored in the school for student distribution. During the investigation, the police apprehended accused Nos. 1 to 5, who confessed that they had sold the stolen milk powder to accused No. 6. The petitioner, accused No. 7, is the employer of accused No. 6. 5. The statement of CW13, the uncle of accused No. 6, was recorded under Section 161 of the Code of Criminal Procedure, 1973 (Cr.P.C.). CW13 stated that the stolen milk powder was transported on his motorcycle by accused No. 6 and sold in front of the shop of accused No. 7. 6. Except for the allegation that accused No. 7 is the employer of accused No. 6 and that the stolen milk powder was sold in front of his shop, there is no specific allegation to substantiate that accused No. 7 instigated accused No. 6 to commit the theft. In the absence of any specific allegations to establish the essential elements of the offences alleged against the petitioner, the continuation of criminal proceedings against him would amount to an abuse of the process of law. 7. Accordingly, the petitions are allowed. The impugned proceedings in CC Nos. 18/2022, 21/2022, 22/2022, 23/2022, 24/2022, 25/2022, and 26/2022, pending on the file of the learned Senior Civil Judge and JMFC Court, Bilagi, insofar as they relate to the petitioner/accused No. 7, are hereby quashed. - 8 - NC: 2025:KHC-D:472 CRL.P No. 100996 of 2023 AND CONNECTED MATTERS 8. The trial Court is directed to proceed against the other accused in accordance with the law, without being influenced by any of the observations made hereinabove. 9. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 73