- 1 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.202054 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: BAPUGOUDA KANTEPPA METI, AGE: 54 YEARS, OCC: TEACHER, R/O HIRUR, TQ. TALIKOTI PRESENTLY RESIDING AT ADARSHA SCHOOL, HINDAWADI, BELAGAVI-590001. …PETITIONER (BY SRI. MAHANTESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ADDL. S.P.P. HIGH COURT OF KARNATAKA BENCH AT KALABURAGI-585107 (THROUGH KOLHAR P.S. DIST. VIJAYAPURA-586126). 2. PRIYATAM NAYAK PSI, AGE: 35 YEARS, OCC: POLICE SUB INSPECTOR, R/O KOHAR P.S. TQ. B. BAGEWADI, DIST. VIJAYAPURA-586210. …RESPONDENTS (BY SRI. JAMADAR SHAHABUDDIN., HCGP) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS (U/S 482 OF CR.P.C) PRAYING TO QUASH THE FILING OF CHARGE SHEET IN C.C.NO.1481/2023 (CRIME NO.21/2023 OF KOLHAR P.S) AND ORDER OF TAKING COGNIZANCE DATED 09.08.2023, FOR THE OFFENCES PUNISHABLE UNDER SECTION 98 OF KP ACT, PENDING ON THE FILE OF LEARNED ADDL. COURT OF CIVIL JUDGE AND JMFC AT BASAVANA BAGEWADI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking quashing of the proceedings pending in C.C.No.1481/2023 and order dated 09.08.2023 taking cognizance for the offence punishable under Section 98 of Karnataka Police Act, 1963 (for short 'the Act') pending on the file of learned Additional Court of Civil Judge and JMFC at Basavana Bagewadi. - 3 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 2. The gist of the complaint is as follows: The Kolhar Police registered a case against the petitioner for the offence punishable under Section 98 of the Karnataka Police Act, 1963, alleging that while travelling in a KSRTC bus, the petitioner was found in possession of cash amount of Rs.4,40,000/- without any supporting documents. It is alleged that upon search, the police seized 880 currency notes of Rs.500/- denomination, and consequently registered Crime No.21/2023 at Kolhar Police Station. The seized cash was thereafter produced before the jurisdictional Magistrate under P.F.No.14/2023 dated 27.03.2023. 3. The petitioner thereafter filed an application under Sections 451 and 457 of the Code of Criminal Procedure, 1973, seeking interim custody and release of the seized cash. The learned Magistrate, however, rejected the said application by order dated 26.02.2024. - 4 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 4. Subsequent to the registration of the crime, the Investigating Officer completed the investigation and laid a charge sheet. The learned Magistrate has taken cognizance of the alleged offence and issued summons to the petitioner, thereby subjecting the petitioner to criminal prosecution. 5. Learned counsel appearing for the petitioner, placing strong reliance on the judgment rendered by a Co- ordinate Bench of this Court in Criminal Petition No.50/2024, would submit that the very registration of the crime in the present case is vitiated. Drawing the attention of this Court to paragraph No.5 of the said judgment, he would contend that for an offence punishable under Section 98 of the Karnataka Police Act, which is a non- cognizable offence, the Investigating Officer could not have registered the FIR or proceeded with the investigation without first obtaining an order from the jurisdictional Magistrate as mandated under Section 155(2) of Cr.P.C. In the absence of such statutory - 5 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 permission, it is contended that the entire proceedings stand vitiated. He would further submit that in an identical factual matrix, the Co-ordinate Bench has quashed the proceedings solely on the ground of non-compliance with Section 155(2) of Cr.P.C. 6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader, and on perusal of the records, it is evident that the law has been set in motion in the present case in clear contravention of the mandatory requirement under Section 155(2) of Cr.P.C. The Investigating Officer has proceeded to register the crime and conduct investigation for an offence under Section 98 of the Karnataka Police Act without obtaining the requisite prior order from the Magistrate, which is impermissible in law. 7. This Court, on a careful examination of the charge sheet materials, is also of the considered view that mere possession of cash, even of a substantial amount, - 6 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 does not ipso facto constitute an offence, much less an offence punishable under Section 98 of the Act. It is now well-settled that unless the prosecution demonstrates that the police had a reasonable belief or suspicion that the money found in possession of the accused was stolen property or was fraudulently obtained, the essential ingredients of Section 98 of the Act are not attracted. In the present case, the materials on record, including the charge sheet, do not disclose any such reasonable belief or suspicion on the part of the complainant or the Investigating Officer. 8. This Court has consistently held that in cases of this nature, where the mandatory procedural safeguards under Section 155(2) of Cr.P.C. are not complied with, the investigation as well as the consequential cognizance taken by the Magistrate stand vitiated. Non-compliance with the statutory mandate strikes at the very root of the prosecution and renders the entire proceedings legally untenable. - 7 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 9. In the light of the law laid down by the Co- ordinate Bench in an identical set of facts, and applying the said principles to the present case, this Court is of the view that the impugned proceedings are not maintainable and warrant interference. Accordingly, this Court is inclined to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to prevent abuse of the process of law and to secure the ends of justice. 10. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The proceedings pending in C.C.No.1481/2023 arising out of Crime No.21/2023 on the file of the learned Additional Civil Judge and JMFC, Basavana Bagewadi, for the offence punishable under Section 98 of the - 8 - HC-KAR NC: 2025:KHC-K:7817 CRL.P No. 202054 of 2025 Karnataka Police Act, 1963, insofar as the petitioner is concerned, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 28 CT:SI