- 1 - HC-KAR NC: 2025:KHC-D:10032 CRL.P No. 103070 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103070 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: ASHWINI CHANNABASAPPA PATTED @ ASHWINI W/O MANJUNATH HALAGIMARADI, AGE. 31 YEARS, R/O. NEGINAHAL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … PETITIONER (BY SRI. L.T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BAILHONGAL POLICE STATION, R/BY PUBLIC PROSECUTOR, HIGH COURT, DHARWAD. 2. SMT. SUNITA W/O UMESH MARAKUMBI, AGE. 41 YEARS, OCC. BUSINESS, R/O. NEGINAHAL, TQ. BAILHONGAL, DIST. BELAGAVI-591 102. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS (UNDER SECTION 482 OF CR.P.C), PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.548/2025, ARISING OUT OF CRIME NO.06/2024 REGISTERED BY BAILHONGAL POLICE STATION, PENDING ON THE FILE OF THE COURT OF PRL. CIVIL JUDGE AND JMFC, BAILHONGAL, FOR THE OFFENCES PUNISHABLE UNDER SECTION 380 OF THE IPC, (VIDE ANNEXURE-A AND D). THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10032 CRL.P No. 103070 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in C.C. No.548/2025 pending before the Court of Principal Civil Judge and JMFC, Bailhongal, arising out of Crime No.06/2024 registered by Bailhongal Police Station, Belagavi, for the offences punishable under Sections 380 of IPC, is before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash the entire proceedings as against him in the aforesaid case. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.6/2024 was registered by Bailhongal police Station, Belagavi, for the aforesaid offence against the petitioner herein based on the first information dated 06.01.2024 received from respondent No.2. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offence and the petitioner is now being tried for the alleged offence before the - 3 - HC-KAR NC: 2025:KHC-D:10032 CRL.P No. 103070 of 2025 jurisdictional Magistrate in C.C. No.548/2025. Aggrieved by the same, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that there is inordinate delay in filing the first information in the present case. He submits that during the course of investigation, the police had asked petitioner to deposit a sum of Rs.4,50,000/ being the value of the stolen articles and the said amount has been shown as recovered from the petitioner and the charge sheet has been thereafter filed. Petitioner who is a lady is being now tried on the alleged offence, though the stolen articles were not recovered from her. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. The allegation in the first information is that on 08.08.2023 at about 12.15 pm, when the first informant was taking bath in her house, accused who is her neighbour came to her house and having found out that the first informant was taking bath allegedly opened the door of the treasury in - 4 - HC-KAR NC: 2025:KHC-D:10032 CRL.P No. 103070 of 2025 the house and committed the theft of gold jewelry weighing about 144 gms. worth Rs.9,27,000/-, silver jewelry worth about Rs.48,750/- and cash of Rs.1,30,000/- and had left the place. According to the first informant, the theft had come to her notice subsequently and though she had summoned the petitioner and had asked her to give back the stolen articles, she denied of committing theft and it is under these circumstances, she had approached the police. 7. During the course of investigation, the police have recorded the confession statement of the petitioner. In the said confession statement, the petitioner has stated that since she was constructing a house at Neginhal, she was in need of money, and therefore, she had committed the theft in the house of the first informant and stolen articles were sold by her at Belgaum and Dharwad and out of the sale proceed, she has a sum of Rs.4,50,000/- with her. The said amount of Rs.4,50,000/- has been recovered by the Investing Officer under panchanama on 31.01.2025 after the confession statement of the petitioner was recorded. The material on record would also go to show that petitioner was - 5 - HC-KAR NC: 2025:KHC-D:10032 CRL.P No. 103070 of 2025 subjected to polygraph examination in the present case and question No.1 and question No.3 asked to the petitioner related directly to the alleged crime committed by her. In the test report it is finally opinioned that the analysis and evaluation of polygraph examination report reveal the sign of deception on the issue related to crime under investigation which indicates that the petitioner was deceptive for question Nos.1 and 3 asked to her. Merely, for the reason that there is a delay in submitting the first information, the impugned criminal proceedings cannot be quashed since during the course of investigation certain recovery has been made based on the confession statement of the petitioner. Under the circumstances, it cannot be said that there is absolutely no material to prosecute the petitioner for the alleged offences. 8. Therefore, I am of the opinion that it is not a fit case where this Court has to invoke its inherent powers under Section 482 of Cr.P.C. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:10032 CRL.P No. 103070 of 2025 ORDER Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 42