- 1 - NC: 2025:KHC-D:1466 CRL.P No. 104216 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 104216 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: P.M.TIMMAYYA S/O. BELLEPPA AGE. 58 YEARS, OCC. SECURITY, R/O. SURYA APARTMENT, DOOR NO.103, # 98, MANIPAL HOSPITAL, RUSHUBAGH ROAD, OPP. HAL AIRPORT, BENGALURU-560017. …PETITIONER (BY SRI. A.M. MALIPATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KOPPAL, RURAL P.S., REPRESENTED THROUGH SPP, HIGH COURT OF KARNATAKA, AT DHARWAD. 2. V.P.DUGGAPPA S/O. V.D. PUTTANNA GOWDA AGE. 64 YEARS, OCC. GENERAL MANAGER, R/O. HSL COLONY, HOSAPETE ROAD, GINIGERA, TQ AND DIST. KOPPAL-583228. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER KOF TAKING COGNIZANCE DATED 29.10.2018 AND CONSEQUENTLY ENTIRE PROCEEDINGS IN CC NO. 1236/2018 FOR THE OFFENCES PUNISHABLE U/S 465, 407, 408, 420, 120-B R/W 34 OF IPC, PENDING ON THE FILE OF COURT OF ADDL. CIVIL JUDGE AND JMFC AT KOPPAL, REGISTERED IN CRIME NO. 155/2012 AT KOPPAL RURAL POLICE STATION, IN SO FAR AS PETITIONERS/ACCUSED NO. 5 IS CONCERNED PRODUCED AT ANNEXURE-D. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:02 +0530 - 2 - NC: 2025:KHC-D:1466 CRL.P No. 104216 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Respondent No.2 lodged a First Information Report (FIR) on 6.8.2012, alleging that between 7.4.2011 and 31.5.2011, coke was to be unloaded at the complainant’s factory from Chennai Port. During that period, 9,94,920 tonnes of coke were not delivered to the complainant’s factory. Documents were allegedly forged to show that the coke, transported in 49 lorries, was delivered to the complainant’s factory. Respondent No.2 stated that one Govindkumar Tripathy conspired with Rajasab and other accused to commit forgery, cheating, and theft of raw material, thereby causing wrongful financial loss to the company. 2. After investigation, the police recorded witness statements and filed a charge sheet for offences punishable under Sections 465, 407, 408, 420, 120B read with Section 34 of the Indian Penal Code (IPC). The prosecution alleged that accused Nos.1, 2, 4, and 5 conspired with each other to create documents falsely showing that 9,94,920 tonnes of coke were delivered to the - 3 - NC: 2025:KHC-D:1466 CRL.P No. 104216 of 2022 complainant’s factory, while the material was allegedly sold in the open market for unlawful gain. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. Respondent No.2/complainant, though served with notice, chose not to appear either in person or through counsel. Therefore, he was placed ex parte. 4. In the FIR, there is no specific allegation against the petitioner of conniving with other accused or creating forged documents purportedly showing delivery of coke to the complainant’s factory. The petitioner has been arrayed as an accused solely based on the statement of CW1, which alleges that the documents were created during the tenure of the petitioner and one Srinivas Kumar, who were working as security personnel. Except for this assertion, there is no specific allegation against the petitioner. 5. CW1 further produced vehicle entry passes purportedly created to show delivery of coke to the complainant’s factory. However, these documents do not bear the petitioner’s signature but bear the signature of accused No.2, Srinivas Kumar. - 4 - NC: 2025:KHC-D:1466 CRL.P No. 104216 of 2022 Therefore, there is no evidence to establish that the petitioner connived with the other accused or participated in creating the documents involved in the alleged offence. The only allegation against the petitioner is that the incident occurred during his tenure as security personnel. 6. In the absence of material evidence connecting the petitioner to the alleged offence, continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in CC No.1236/2018 on the file of the Additional Civil Judge and JMFC, Koppal, insofar as they relate to the petitioner/accused No.5, are quashed. The trial court is directed to proceed against the remaining accused in accordance with law, without being influenced by any observations made in this order. The observations made herein are solely for the purpose of the present petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh/List No.: 1 Sl No.: 51