- 1 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6251 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. SHANKARAPPA S/O SRIRAMAPPA AGED ABOUT 42 YEARS R/O KASHETTIHALLI VILLAGE SRINIVASPURA TALUK, KOLAR KARNATAKA-563135 …PETITIONER (BY SRI.B.RAMESH, ADVOCATE) AND: THE STATE OF KARNATAKA BY CHINTAMANI RURAL P S CHIKKABALLAPURA DISTRICT-563125 REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE-560001. …RESPONDENT (BY SRI.VENKAT SATYANARAYAN.A, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) ALLOW THE PETITION AND QUASH THE COGNIZANCE TAKEN ON 16.03.2023 BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, CHINTAMANI AGAINST THE ACCUSED FOR THE OFFENCES U/S 489(A), Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 489(C), 489(D), 489(E), 212, 201, 120(b) R/W 34 OF IPC, 1860 AND ETC., THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.4 has filed this petition under Section 482 of the Code of Criminal Procedure to quash the FIR in Cr.No.33/2023 of Chintamani Rural PS, for the offences punishable under Sections 489A, 489C, 489D, 489E, 120B r/w Section 34 of IPC. 2. In support of the petition, petitioner has contended that the at the time of alleged incident, petitioner was not present at the spot and he has no knowledge about the same. He is unnecessarily implicated at the instance of persons inimical towards him. There is no material to connect the petitioner to the alleged crime, including the statements of witnesses. The charge sheet does not implicate him. Only on the basis of confessional - 3 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 statement of the co-accused, he is implicated. The witnesses whose statements have been recorded under Section 161 Cr.P.C are against the petitioner. Only on presumptions and assumptions, petitioner is implicated and hence, the petition. 3. In support of his arguments, learned counsel for petitioner has relied upon the following decisions: (i) Surinder Kumar Khanna Vs. Intelligence Officer, Directorate of Revenue Intelligence (Surinder Kumar Khanna)1 (ii) Dipakbhai Jagdishchandra Patel Vs. State of Gujarat and Anr. (Dipakbhai)2 4. On the other hand learned High Court Government Pleader for respondents would submit that on 19.01.2023 at 11.00 a.m, respondent No.2 received credible information regarding some persons trying to circulate counterfeit notes. Therefore, he along with staff and panchas proceeded to the spot and found that some persons were engaged in printing counterfeit notes with 1 (2018) 8 SCC 271 2 (2019) 16 SCC 547 - 4 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 the help of the Xerox machine and colour printer. They entered the said room and found accused Nos.1 and 2. On enquiry, they revealed that it was the idea of accused Nos.4 to 7 to print counterfeit notes and earn money. Accused No.4 has offered to pay Rs.10 lakhs if they print counterfeit notes worth Rs.3 Crores and paid advance of Rs.2 lakhs, for purchasing printer, laptop, Xerox machine and paper. They have purchased these articles at Mumbai and with the help of cell phone, accused No.1 Shaikh Hidayath printed a note of Rs.2,000/- denomination with No.9BR381891. He got Xerox of the front and back portion of the said note separately and pasted them by inserting a shining packing cover. All the material used for printing counterfeit notes were seized. Accused Nos.1 and 2 were arrested. After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 9. There is prima facie material to proceed against all the accused, including the petitioner and pray to dismiss the petition. - 5 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 5. Heard arguments and perused the record. 6. Thus, petitioner who is arraigned as accused No.4 is seeking quashing of criminal proceedings initiated against him on the ground that there is no material to connect him to the alleged crime and unnecessarily he is being implicated. 7. It is the definite case of the prosecution that on 19.01.2023, on receipt of credible information regarding printing of counterfeit notes, when the investigating officer conducted raid an old building of Barn Foundation situated by the side of Church on Gandhinagar - Hulavadi Road coming under the jurisdiction of Chintamani Rural P.S, accused Nos.1 to 3 were found printing counterfeit notes. Through mahazar, the printer, computer and other material used for printing counterfeit notes along with number of counterfeit notes of various denomination were seized. The information furnished by accused Nos.1 to 3 reveal the involvement of accused Nos.4 to 7 and it was - 6 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 petitioner, who is accused No.4 who gave Rs.2 lakhs for purchasing the laptop, printer, Xerox machine, etc. 8. The investigation further reveal that after coming to know about the arrest of accused Nos.1 to 3, accused Nos.4 and 5 absconded. They paid Rs.50,000/- to accused No.8 and handed over the Apple and Nokia keypad cell phones of accused No.4 to conceal them till they get bail so that the police should not detect them. In turn accused Nos.8 and 9 kept accused No.4 in the house of CW-9. Later the accused persons, including the petitioner were arrested and recovery of the cell phones were made. CWs-7 to 9 are witnesses to the mahazar drawn at the houses of accused Nos.4 and 5, when search was conducted as per the order of the trial Court. CW-13 and 14 are the witnesses to the mahazar drawn at the place where the cell phones of accused No.4 was taken by accused No.8 and he was sent to the hiding place to avoid arrest. - 7 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 9. CW-19 Ramanjani, is the person who has given shelter accused Nos.4 and 5 to enable them to evade arrest. In this regard, he has given statement before the Judicial Magistrate under Section 164 Cr.P.C. Under Section 30 of the Evidence Act, the confession of a co- accused is admissible as against other accused. In Mehboob Ali and Anr. Vs. State of Gujarat (Mehboob Ali)3, the Hon'ble Supreme Court held that fact includes mental state. Discovery of fact under Section 27 is not only physical object, it includes mental fact also. It further held that discovery of fact under Section 27 includes information regarding other accused persons to establish charge of conspiracy. In that case on facts, the Hon'ble Supreme Court held that statement of accused persons leading to discovery of facts proving complicity of other accused persons and entire chain of circumstances clearly makes out that accused acted in conspiracy as found by the Courts below. The currency notes are proved to be 3 (2016) 14 SCC 640 - 8 - HC-KAR NC: 2025:KHC:28801 CRL.P No. 6251 of 2023 forged and correctness of the report is not questioned and therefore, upheld the conviction. 10. There is prima facie material to proceed against the petitioner. Matter requires full fledge trial to enable the prosecution to prove the allegations against the petitioner. Therefore, it is not a case for quashing the criminal proceedings and accordingly, petition fails and accordingly, the following: ORDER (i) Petition filed by the petitioner/accused No.4 under Section 482 Cr.P.C is hereby rejected. (ii) 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.: 1 Sl No.: 47