- 1 - NC: 2025:KHC-D:3508 CRL.P No. 103860 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103860 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: KIRAN S/O. SANGANAGOUDA VEERANAGOUDAR AGED 38 YEARS, OCC. BUSINESS, R/O. SHIVAGANGA LAYOUT, KESHWAPUR, HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI. IRANAGOUDA K.KABBUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH BAGEWADI POLICE STATION, REPT. BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DIST. DHARWAD. 2. THE DEPUTY SUPERINTENDENT OF POLICE FINANCIAL INTELLIGENCE UNIT (F.I.U), CENTRAL INVESTIGATION DEPARTMENT (C.I.D), AMBEDKAR VEEDHI SAMAPANGI RAMA NAGAR, BENGALURU, KARNATAKA-560001. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, ALLOW THE PETITION AND FURTHER QUASH CHARGE SHEET AND PROCEEDINGS IN CC NO.150/2021 PENDING ON THE FILE OF V ADDL. CIVIL JUDGE AND JMFC COURT BELAGAVI REGISTERED ON THE CHARGE SHEET FILED BY THE RESPONDENT BASED ON FIR FILED BY RESPONDENT FOR THE ALLEGED OFFENCES P/U/S 465, 468, 471, 419 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:28 +0530 - 2 - NC: 2025:KHC-D:3508 CRL.P No. 103860 of 2023 ORAL ORDER 1. The petitioner, who has been charge-sheeted for offences punishable under Sections 465, 468, 471, and 419 of the Indian Penal Code, 1860 (IPC), has approached this Court seeking relief. 2. The prosecution alleges that on 10.01.2021, while traveling in his Hyundai Creta car bearing registration No. KA-63- M-2993 from Dharwad to Belagavi, the petitioner, with the intention of avoiding payment of the toll fee at Hirebagewadi Tollgate, produced a fabricated identity card to falsely claim exemption from toll charges. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent/State. 4. Although the alleged incident took place on 10.01.2021, respondent No.2 registered a suo motu case on 07.06.2021, after a delay of six months. During the investigation related to another crime, an identity card was seized, and it was alleged that the said identity card was fabricated and used to claim exemption from toll fees. However, the prosecution has not placed any material evidence to substantiate that the vehicle that passed through the toll plaza belonged to the petitioner or that he avoided paying the toll fee by using a fabricated identity card. 5. The toll plaza operator has not filed any complaint alleging that the petitioner used a fabricated identity card to deceive the company. The case was registered solely based on the - 3 - NC: 2025:KHC-D:3508 CRL.P No. 103860 of 2023 seizure of the identity card from the petitioner, without any substantial evidence to corroborate that he had actually used the fabricated identity card to avoid payment of the toll fee. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in CC No.150/2021, pending before the learned V Additional Civil Judge and JMFC, Belagavi, are hereby quashed. 7. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 31