- 1 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103627 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: IRANNA S/O RUDRAPPA KAUJALAGI, AGE ABOUT 51 YEARS, OCC. AGRICULTURE, R/O. KOLADUR-591102, TQ. BAILHONGAL, DIST. BELAGAVI. …PETITIONER (BY SRI. M.M. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, MARIHAL POLICE, BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI, REP. BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580022. 2. ROBERT S/O. ANTHONY PERERA, AGE ABOUT 50 YEARS, OCC. BUSINESS, R/O. JANNAPUR, NEAR CORPORATION BANK, TQ. BADRAVATI-577301, DIST. SHIVAMOGGA. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. RAGHAVENDRA A PUROHIT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO, ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS WHICH ARE PENDING BEFORE THE III JMFC COURT AT BELAGAVI IN C.C.NO.106/2015 (ARISING OUT OF CRIME NO.38/2014 IN MARIHAL P.S.) IN SO FOR AS ACCUSED NO.1 FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 R/W 34 OF IPC. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner arrayed as accused No.1 is before this Court seeking for quashing of entire proceedings on the file of learned III JMFC Court, Belagavi, passed in C.C.No.106/2015 for the offence punishable under Section 420 read with 34 of I.P.C. Factual matrix of the case: 2. The case of the prosecution is that the petitioner is arrayed as accused No.1 before the Trial Court. The complainant was working as a contractor in Hindustan Petroleum Company and he was dealing with Diesel and Petrol transport. He used to supply diesel and petrol to all over Karnataka. Such being the fact, he got acquainted with accused Nos.1 and 2 one month prior to the date of the incident. Accused Nos.1 and 2 called the complainant informing him that a person named Gowda resides in - 3 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 Ankalagi, found the gold in his land while he was ploughing and he intends to sell the gold. 3. On hearing the said information, the complainant and his friends namely Sri. Channabasappa and Sri. Nagaraja went to Ankalagi village and contacted the said Gowda over mobile phone. The said Gowda instructed them to wait near Ankalagi Mahalakshmi Temple stating that his daughter has given birth to a child and nobody should come to his house. Believing his version, the complainant and his friends were waiting near Ankalagi Mahalakshmi Temple and instructed them that he would send two persons. Accordingly, two persons came and showed the gold and went away. After, seeing the said gold, the complainant decided to purchase the same. 4. As per the instructions of Gowda, on 02.03.2014 at about 11.00 P.M, the complainant went in his Indica car bearing registration No.KA-14-N-8776 along with the driver and reached Ankalagi on 03.03.2014 at about 9.30 A.M., and called said Gowda through his mobile phone and the - 4 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 said Gowda instructed them to wait near the temple. Again, two persons came on the motor cycle, received the amount of Rs.15,00,000/- and handed over the bundle stating that it was gold. After receiving the said amount, they went away. Thereafter, he opened the said bundle and found that it was stone and mud. Being aggrieved by the said aspect, the complainant lodges a complaint on 08.03.2014 before the respondent – Police. After registering a case, the respondent-Police conducted investigation and submitted the charge-sheet. 5. It is the submission of learned counsel for the petitioner that the petitioner is arrayed as accused No.1. The entire averments of the complaint would indicate that the complainant contacted one Gowda and he induced the complainant that he would give gold which is stated to be found in his land while cultivating. However, said Gowda is different from the petitioner and the petitioner has been falsely implicated in this case. - 5 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 6. It is further submitted that though it is alleged that an amount of Rs.15,00,000/- has been given to accused Nos.2 and 3 under the instructions of accused No.1 who is petitioner herein, the fact remains that there are no other witnesses to speak about the said transaction. Even assuming that the driver of the complainant was present at the time of transaction, as per the charge-sheet, he was a circumstantial witness. Such being the fact, it would be difficult to sustain the case of the prosecution. Continuing the proceedings against the petitioner under such circumstances would be an abuse of process of law. Therefore, it is appropriate to quash the entire proceedings. Making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Learned High Court Government Pleader for respondent No.1 vehemently submitted that the charge-sheet has been filed against the petitioner and the allegations are established against accused Nos.1 to 3. In fact, the said Gowda who called the complainant is known - 6 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 to the petitioner herein who is arrayed as accused No.1. He has induced the complainant and called him over mobile phone on several occasions and made him to believe that the gold would be given to him on payment of Rs.19,00,000/-. The amount of Rs.15,00,000/- was given to the petitioner, hence, it is the matter of trial. At this stage, it is not appropriate to quash the entire proceedings. Making such submissions, learned counsel for respondent No.2 prays to reject the petition. 8. Similarly, the learned High Court Government Pleader for respondent No.1 – State, adopted the arguments made by respondent No.2 and submitted that there are prima-facie materials made out against the accused, the matter is required to be tried before the Trial Court. The bank statements produced by the complainant would indicate that the amount was withdrawn by him for the purpose of handing over the said amount to accused No.1. Under such circumstances, it is appropriate to quash the proceedings at this stage. Making such submissions, the - 7 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 learned High Court Government Pleader prays to reject the petition. 9. Having heard learned counsels for the respective parties and also perused the averments of the charge- sheet, it would indicate that accused No.1 is impersonated as Gowda and made the complainant to believe that he found gold in his land while cultivating and it would be sold, if the complainant willing to purchase the same on payment of reasonable price. Believing the said fact, the complainant is stated to have paid amount of Rs.15,00,000/- and he is stated to have received a bundle which contained gold. However, on seeing the said bundle, it appears that it contained stone and mud. Thereafter, he lodges a complaint against the petitioner after lapse of four days. Though, the delay has been explained by him that the complainant was searching for the whereabouts of the petitioner, the said delay and his explanation is not accepted satisfactorily. - 8 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 10. Be that as it may, there are no eye-witnesses to the incident. Except complainant, nobody was present at the spot to substantiate that the amount of Rs.15,00,000/- was given to the accused. Such being the fact, it would be very difficult to believe the averments of the complaint. Moreover, the Investigating Officer has not collected the call details to confirm that the complainant had called the accused on going to the place where the accused stayed. Therefore, I am of the considered opinion that the petitioner has made out a case to grant the relief, as prayed for. Hence, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The proceedings passed in C.C.No.106/2015 on the file of learned III JMFC Court, Belagavi, for the offence punishable under - 9 - HC-KAR NC: 2025:KHC-D:15083 CRL.P No. 103627 of 2023 Section 420 read with 34 of I.P.C, is hereby, set aside. Sd/- (S.RACHAIAH) JUDGE NM List No.: 1 Sl No.: 24.2