- 1 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102405 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: CHANDRAGOWDA S/O VISHWANATHGOWDA POLICE PATIL AGE 33 YEARS, OCC: BUSINESS R/O SIDDAPUR, TQ KARATAGI DIST KOPPAL-583282 …PETITIONER (BY SRI. J S SHETTY ASSOCIATES, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KARATAGI PS REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD-580007 …RESPONDENT (BY SMT.KIRI LATA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO THAT THE ENTIRE CRIMINAL PROCEEDINGS INITIATED IN CC NO.3422/2021 (KARATAGI P.S. UNDER CRIME NO.148/2021) ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC, GANGAVATHI, (ITINERARY Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.30 16:57:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 COURT KARATAGI), FOR THE OFFENCE PUNISHABLE U/S 379 OF IPC, IN SO FAR AS IT RELATES TO HIM, MAY BE QUASHED BY ALLOWING THIS CRIMINAL PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER (PER: THE HON'BLE MS. JUSTICE J.M.KHAZI) Petitioner who is arraigned as accused No.2 has filed this petition under section 482 of Criminal Procedure Code, (Cr.P.C.), with a prayer to quash the criminal proceedings initiated against him in C.C.No.3422/2021 (crime No.148/2021 of Karatagi PS) pending on the file of the Additional Civil Judge and JMFC, Gangavathi for the offence punishable under Section 379 of IPC. 2. In support of the petition, the petitioner has contended that there are no eye witnesses to the alleged theft, transportation of sand from the bank of Tungabhadra river and storing the same in Sy.No.9 belonging to accused No.4 Kotari Satyanarayan. There are no material and specific allegations against the petitioner. Only on the basis - 3 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 of the alleged information received by the Investigating Officer, the raid was conducted and the sand was recovered. Petitioner has nothing to do with the alleged extracting, transportation and hoarding of the sand in question. There is no evidence to connect the petitioner with the crime in question. The continuation of the proceedings against the petitioner amount to abuse of the process of the Court and hence, the petition. 3. Learned HCGP submitted oral objections stating that on 21.07.2021 at 7.00 p.m., PSI of Karatagi PS received credible information that some people have illegally extracted sand from Tungabhadra river and collected the same at various places. Accordingly, the Investigating Officer along with the pancha and other government officials proceeded to Sy.No.9 belonging to accused No.4 Kotari Satyanarayan and seized around 130 cubic meter (225 metric ton) of sand totally worth ₹1,69,000/-. The Investigating Officer came to know that the said sand was extracted and horded at the said place - 4 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 by accused Nos.1 to 5. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 5. There is prima facie material to connect the petitioner to the allegations made in charge sheet. The allegations are required to be established at a full-fledged trial. Without providing opportunity to the prosecution to prove the allegations, the proceedings cannot be quashed and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. The petitioner who is arraigned as accused No.2 is seeking quashing of the proceedings against him on the ground that there is no prima facie material to connect him to the allegations made in the charge sheet and continuation of the criminal proceeding amount to abuse of process of the Court. 6. According to the prosecution, accused persons have illegally extracted sand from the Tungabhadra river and hoarded at different places. Complaint came to be filed - 5 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 by the PSI, Karatagi police station. In the said complaint itself, name of the petitioner is shown at Sl.No.2. 7. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 5, including the petitioner that they were the persons who have extracted sand from Tungabhadra river and hoarded the same in Sy.No.9 of Nandihalli village belonging to accused No.4 Kotari Satyanarayan. The statements of the witnesses reveal that none of them are eyewitnesses to the extraction, transportation and hoarding of the sand from the Tungabhadra river bed. 8. The witnesses cited in the charge sheet and relied upon by the prosecution are, complainant, punch witness to the spot mahazar, witnesses to the seizure of sand, those who assisted for seizing the sand, the PDO who has issued extract of the Sy.No.9 where the sand was hoarded by the accused persons and the Investigating Officer. The Investigating Officer has not chosen to record - 6 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 the statements of those persons who saw the illegal extraction, transportation and hoarding of the sand in Sy.No.9. 9. Even though the hoarding of the sand in Sy.No.9 belonging to accused No.4 would attract the allegations against him, in the absence of evidence regarding the involvement of petitioner in the actual extraction or transportation or hoarding the same at Sy.No.9, no purpose would be served by continuing the proceedings against him. In the absence of such evidence, continuation of the proceedings against the petitioner amount to abuse of the process of the Court. Therefore, the petition deserves to be allowed and accordingly, the following: ORDER i) The petition filed by the petitioner/accused No.2 is allowed. ii) The criminal proceedings in C.C.No.3422/2021 (crime No.148/2021 of - 7 - HC-KAR NC: 2025:KHC-D:8693 CRL.P No. 102405 of 2025 Karatagi PS) pending on the file of the Addl. Civil Judge and JMFC, Gangavathi (Itinerary Court Karatagi) for the offence punishable under Section 379 of IPC is quashed so far as petitioner/accused No.2 is concerned. iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 19 Sl No.: 1