- 1 - NC: 2025:KHC-D:1744 CRL.P No. 103289 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103289 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: CHANDRASHEKAR VIRAPPA SHIGIGATTI AGED ABOUT 35 YEARS, OCC. BUSINESS, R/O. HOUSE NO. 46, NEAR SIDHARUDA MATH, BANKERS COLONY, HUBBALLI-580024, DIST. DHARWAD. …PETITIONER (BY SRI. VIJAY S. CHINIWAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH TILKAWADI P.S., DIST. BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. GOINDA PANDAPPA NAIK AGE. 60 YEARS, OCC. RETIRED PERSON, R/O. PLOT NO. 3/A, CHIDAMBARA NAGAR CROSS, GHANDINAGAR, DHARWAD. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. D.M.MALLI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.234/2019 (TILAKWADI P.S. CRIME NO.80/2017) FOR THE OFFENCE PUNISHABLE U/S 36, 364(A), 342, R/W 34 OF IPC, PENDING ON THE FILE JMFC-IV COURT, BELAGAVI, IN SO FAR AS PETITIONER/ACCUSED NO.4 IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:37 +0530 - 2 - NC: 2025:KHC-D:1744 CRL.P No. 103289 of 2022 CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is facing prosecution for the offences punishable under Sections 36, 364A, 342 read with Section 34 of the IPC, is before this Court. 2. The prosecution alleges that Accused No.2 and the daughter of the de facto complainant were classmates in the IV semester. Accused No.2 failed in the IV semester and, in need of money, conspired with Accused Nos.1 and 3 to abduct the complainant’s daughter, claiming that her father was a rich man. On 17.04.2017, Accused Nos.1 to 3 planned to kidnap the victim and traveled in a car from Gadag to Belgavi. When they reached Hubballi, Accused No.1 purchased 30 sleeping tablets from S.B. Medicals. Accused No.2 purchased chloroform from one Satish Parameshwar Kiresur, and also bought five coconuts. In one of the tender coconuts, they mixed the sleeping tablets and chloroform. At 9:30 p.m., they went to the victim’s apartment, requested her to go for dinner, and after dinner, gave her the tender coconut mixed with sleeping tablets and chloroform. The victim later called her father, stating that she had been abducted and demanded ransom. 3. Initially, an FIR was lodged against the family members of the in-laws of the elder daughter of the de facto complainant due to a marital dispute. However, during the investigation, it was found that the victim had been abducted by Accused Nos.1 to 3. The only allegation against the petitioner— - 3 - NC: 2025:KHC-D:1744 CRL.P No. 103289 of 2022 Accused No.4—is that he provided the sleeping tablets to the accused. 4. I have heard the learned counsel for the parties. 5. A perusal of the charge sheet material indicates that there is no substantial evidence, much less any allegation, that Accused No.4 conspired with Accused Nos.1 to 3 in abducting the victim. The only allegation against Accused No.4 is that he gave 60 sleeping tablets to Accused No.1. 6. The petitioner—Accused No.4, who is a pharmacist— gave 60 tablets to Accused No.1, which does not constitute an offence for conspiring to abduct the victim. The receipt issued by Accused No.4 to Accused No.1 for the sale of the 60 sleeping tablets forms part of the charge sheet. 7. The petitioner—Accused No.4—has been charge sheeted for the offences punishable under Section 34 of the IPC. 8. Section 34 of the IPC deals with acts done by several persons in furtherance of a common intention. It states that when a criminal act is done by several persons in furtherance of the common intention of all, each such person is liable for that act in the same manner as if it were done by them alone. 9. In the present case, the charge sheet material does not disclose that, in furtherance of a common intention, Accused No.4 sold the 60 sleeping tablets to Accused No.1. Therefore, the - 4 - NC: 2025:KHC-D:1744 CRL.P No. 103289 of 2022 continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.234/2019 pending on the file of he learned JMFC-IV Court, Belgavi, insofar as it relates to the petitioner – accused No.4 is hereby quashed. iii) The Trial Court is hereby directed to proceed against other accused without being influenced by any of the observations made in this order, and the observation made, if any, is only for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 31