- 1 - NC: 2025:KHC-K:1961 CRL.P No. 200433 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200433 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: ASHIT KUMAR S/O MOHAN RATHOD, AGE:22 YEARS, OCC: STUDENT, R/O. FILTER BED GDA LAYOUT, KALABURAGI-585104. …PETITIONER (BY SMT. VASANTHA KUMARI.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, STATION BAZAR POLICE STATION, KALABURAGI, PRESENTLY REPRESENTED BY ADDL. SPP, KALABURAGI-585102. 2. SACHIDANANDA S/O MALLAYYA, AGE:29 YEARS, OCC: PARA MEDICAL, H.NO.E-18-214-8, SHIVAJI NAGAR, KALABURAGI-585104. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP FOR R1; V/O DTD. 05.03.2025 NOTICE TO R2 IS DISPENSED WITH) THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO, a) QUASH THE PROCEEDINGS IN C.C NO.1776/2023 ARISING OUT OF CRIME NO.18/2023 (FIR NO.254/2023) DATED 01.02.2023 REGISTERED BY THE STATION BAZAAR PS KALBURAGI PENDING ON THE FILE OF PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, KALABURAGI U/SEC 379 OF IPC. b) ISSUE ANY OTHER APPROPRIATE ORDERS OR DIRECTIONS AS THIS HON’BLE COURT MAY DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:1961 CRL.P No. 200433 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner / accused No.2 has filed this petition seeking for quashing the proceedings in CC.No.1776/2023. Factual matrix of the case: 2. The petitioner / accused No.2 is the resident of Kalaburagi and a student pursuing B.Sc. II year at Gnyana Sudha Vidyalaya College, Bidar. It is the case of the prosecution that the complainant was working as a ward boy at Vinaya Clinic, Kalaburagi. On 26.01.2023 at about 6.00 P.M, he went to the medical shop on his Honda Deo bearing registration No.KA-32-EN-2798 to purchase the medicines. After having purchased the medicines, he came back to the spot and saw that the his vehicle was not there. Immediately, he called his friend Chandrakantha and both searched for the said vehicle, however, they could not trace the vehicle. Therefore, on - 3 - NC: 2025:KHC-K:1961 CRL.P No. 200433 of 2025 01.02.2023, he lodged a complaint before the respondent- Police. 3. The respondent-Police have registered the case against unknown persons and started investigation of the case. After conducting the investigation, submitted the charge sheet against the accused and another. 4. Heard, learned counsel for the petitioner Sri.Vasantha Kumari P., and learned High Court Government Pleader Sri. Gopal Krishna Yadav for respondent No.1. 5. It is the submission of the learned counsel for the petitioner that a false case has been registered against the petitioner even though he is a student and presently he is pursuing B.Sc II year at Gnyana Sudha Vidyalaya College, Bidar. He has been falsely implicated in this case. The accused No.1 named Mithun has the history of criminal activities and he has involved in many other cases. 6. It is further submitted that the petitioner being a student is preparing and waiting for NEET Exam. Later, he joined Visvesewaraya Engineering College at Mysuru. However, - 4 - NC: 2025:KHC-K:1961 CRL.P No. 200433 of 2025 he has chosen not to join the said course and came back to Bidar and pursuing B.Sc II year at Gnyana Sudha Vidyalaya College, Bidar. 7. It is further stated that, even on reading the averments of the charge sheet which would indicate that the petitioner was not present and he has been falsely implicated in this case only in order to show the statistics to the officials. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per Contra, Sri. Gopal Krishna Yadav, learned High Court Government Pleader for the State vehemently submitted that the petitioner along with other accused has committed various offences and there are several cases pending against them. Such being the case, it is not appropriate to quash the proceedings in respect of the petitioner. Making such submissions, the learned High Court Government Pleader prays to dismiss the petition. 9. Having considered the submissions of the learned counsel for the respective parties, it is necessary to refer the - 5 - NC: 2025:KHC-K:1961 CRL.P No. 200433 of 2025 averments of the charge sheet. In the charge sheet it is stated that on the basis of a complaint of the complainant, on 01.02.2023 C.W.5 to 7 have secured the accused persons and produced them before the C.W.9. On enquiry made by P.W.9, the petitioner along with other accused have confessed the crime conducted by them. Pursuant to the said confession of the accused, several vehicles have been traced and recovered including the vehicle of which the complainant has lost. 10. Having considering the said aspect, I am of the considered opinion that, it is not a fit case to quash the proceedings. Hence, I proceed to pass the following:. ORDER i) The petition is dismissed. ii) The Trial Court is directed to dispose the matter at the earliest. SD/- (S RACHAIAH) JUDGE TMP\NM List No.: 1 Sl No.: 31 CT:PK