- 1 - HC-KAR CNR: KAHC010370182023 NC: 2026:KHC:49436 CRL.P No. 6637 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6637 OF 2023 BETWEEN: SHALINI M.S D/O SHIVALANGAIAH AGED ABOUT 22 YEARS R/O MUDIGIRIPALYA VILLAGE HUTRIDURGA HOBLI KUIGAL TALUK TUMKURU DISTRICT - 572 130. …PETITIONER (BY SRI HARSIH SRIRALAKOPPA, ADV., FOR SRI VIKYATH B, ADV.) AND: 1. STATE OF KARNATAKA BY KUNIGAL P.S REP SPP, HIGH COURT BUILDING BANGALORE - 560 001. 2. MAHESH K.S S/O SHANKARAPPA AGED ABOUT 40 YEARS KODIHALLI PALYA KOTTAGERE HOBLI KUNIGAL TALUK TUMAKURU - 572 130. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.69/2023 IN CR.NO.262/2021 OF KUNIGAL P.S., ON THE FILE OF VI ADDL.DISTRICT AND SESSIONS JUDGE, TUMKUR FOR THE OFFENCE P/U/S 395,397 AND 120(B) OF IPC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010370182023 NC: 2026:KHC:49436 CRL.P No. 6637 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.7 is before this Court in this petition filed under Section 482 of Cr.P.C. with a prayer to quash entire proceedings in SC No.69/2023 pending before the Court of VI Addl. District and Sessions Judge, Tumakuru, arising out of Crime No.262/2021 registered by Kunigal Police Station, Tumakuru, for the offences punishable under Sections 120B, 395 and 397 of IPC. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that except the confession statement of the co-accused, there is absolutely no material to connect the petitioner to the crime. Petitioner is a lady and pendency of proceedings has been causing untold hardship to her. 4. Per contra, learned HCGP, who has opposed the petition submits that charge sheet material would reveal that in - 3 - HC-KAR CNR: KAHC010370182023 NC: 2026:KHC:49436 CRL.P No. 6637 of 2023 addition to the confession statement of the co-accused, there is recovery in the present case from the possession of the petitioner. Therefore, petition is liable to be dismissed. 5. FIR in the present case was registered against unknown persons for the offence punishable under Section 394 of IPC. During the course of investigation, petitioner and other accused were arrested and after completing investigation, charge sheet is filed against seven persons and petitioner is arraigned as accused No.7 in the charge sheet. 6. Material on record would go to show that petitioner conspired with her friend accused No.1 to commit the crime and she had given information that on 07.10.2021, injured victim Byresh would be alone in the house. Petitioner, who was acquainted to the mother of Byresh, had contacted her over phone and after collecting information had passed the same to her friend/accused No.1, who thereafter along with the other accused persons had followed Byresh on the alleged date of incident and when he came out of his house to attend nature call, they had assaulted him and thereafter, entered this house - 4 - HC-KAR CNR: KAHC010370182023 NC: 2026:KHC:49436 CRL.P No. 6637 of 2023 and robbed gold articles weighing 150 grams, silver articles weighing 520 grams and cash of Rs.15,000/- and thereafter, escaped from the spot. Subsequently, the robbed gold and silver articles were pledged and the sale proceeds were handed over to the petitioner, who had deposited a portion of the amount in her bank account. The said amount has been recovered at her instance in the present case. Under the circumstances, it cannot be said that there is absolutely no material as against the petitioner in the present case except the confession statement of co-accused. Under the circumstances, I am of the opinion that it is not a fit case for exercising extra ordinary powers under Section 482 of Cr.P.C. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN