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2026 DAILYLAW 47844 (KAR)

SRI. SRINIVAS v. THE STATE OF KARNATAKA

CRL.P/6498/2019 · 2026-01-21

M G Uma

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 6498 OF 2019 C/W CRIMINAL PETITION NO. 8218 OF 2019 IN CRL.P No. 6498/2019: BETWEEN: SRI. SRINIVAS S/O. DASAPPA AGED ABOUT 46 YEARS, RESIDING AT 56, 15TH MAIN, 15TH CROSS, J.C. NAGAR, KURUBARAHALLI, BENGALURU-560086. …PETITIONER (BY SRI. VASANTH MADHAVA S., ADVOCATE) AND: THE STATE OF KARNATAKA BY KORMANGALA P.S, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRL.P IS FILED U/S.482 OF THE CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.09.2016 IN CR.NO.484/2015 PENDING ON THE FILE OF THE COURT OF THE XLV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER UNDER 120-B, 420, 468, 471, 511 R/W SECTION Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 34 OF IPC R/W SECTION 59, 61, 62, 63(A) KARNATAKA STAMP ACT-1957 AND SECTION 04, 05, 06 OF THE KARNATAKA STAMP (FRANKING IMPRESSION OF STAMPS) RULES 2000, AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS PENDING THEREON. IN CRL.P NO. 8218/2019: BETWEEN: SRI KRISHNA B D S/O HUCHHAIAHA, AGED ABOUT 42 YEARS, HOUSE NO.156, 6TH BLOCK, KORAMANGALA, BENGALURU-95. ...PETITIONER (BY SRI. VASANTH MADHAVA S., ADVOCATE) AND: THE STATE OF KARNATAKA BY KORMANGALA P.S., BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BANGALORE-560 001. ...RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 20.09.2016 IN CR.NO.484/2015 PENDING ON THE FILE OF THE COURT OF THE XLV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER BY REGISTERING C.C.NO.21505/2016 FOR THE OFFENCE P/U/S 120B, 420, 468, 471, 511 R/W 34 OF IPC, SECTION 59, 61, 62, 63(A) KARNATAKA STAMP ACT AND SECTION 04, 05, 06 OF THE KARNATAKA STAMP (FRANKING IMPRESSION OF STAMPS) RULE AND - 3 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS PENDING THEREON. I.A.NO.1/2019 FOR STAY.I.A.NO.1/2019 FILED BY THE ADVOCATE FOR THE PETITIONER PRAYING TO STAY THE FURTHER PROCEEDINGS IN C.C.NO.21505/2016, ON THE FILE OF THE XLV A.C.M.M., AT BENGALURU FOR THE OFFENCE P/U/S 120B,420,468,471,511 R/W 34 OF IPC, SECTION 59,61,62,63(A) KARNATAKA STAMP ACT AND SECTION 4,5,6 OF THE KARNATAKA STAMP (FRANKING IMPRESSION OF STAMPS) RULE, UNTIL DISPOSAL OF THE ABOVE CRL.P FOR THE REASONS STATED THEREIN. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA COMMON ORAL ORDER Petitioner - accused No.2 in Crl.P.No.6498/2019 and petitioner - accused No.1 in Crl.P.No.8218/2019 in C.C.No.21505/2016 on the file of the learned XLV Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 120(B), 420, 468, 471 and 511 read with Section 34 of IPC, under Sections 59, 61, 62 and 63(A) of Karnataka Stamp Act, 1957 and under Sections 4, 5 and 6 of the Karnataka Stamp (Franking Impression of Stamps) Rules 2000, are seeking to quash the criminal proceedings initiated against them. - 4 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 2. Heard Sri. Vasanth Madhava S., learned counsel for the petitioners, Sri. , learned HCGP for respondent. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioners have made out any grounds to allow the petitions and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative' for the following: REASONS 4. It is the contention of prosecution that CW.1 being the Police Inspector in CCB, Bengaluru received a credible information that huge quantity of 2 rupees stamp papers which are pre franked, with notary seal and signature are stored in shop No.58 of Srinidhi Enterprises. Accordingly, he along with staff members and panchas held a raid and found several blank franked stamp papers with the notary seal and signature and the same were seized. After investigation, the charge sheet - 5 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 came to be filed alleging that 2 rupees stamp papers in huge quantity was franked with notary seal and signature for the purpose of selling it to the general public, without following the franking Rules and cheated the public as well as the Government and thereby, committed the offences as stated above. 5. According to learned counsel for the petitioners, Karnataka Stamp (Franking Impression of Stamps) Rules 2000, do not prohibit getting stamp papers franked from the franking machines installed at various Sub-Registrar Office and selling it to the general public. The only allegation found is that such franked stamp papers were having the seals and signatures of the notary public i.e., accused Nos.4 and 5, even though the stamp papers were blank. Learned counsel contends that the criminal proceedings against accused No.4 who was an Advocate Notary is already quashed by this Court in Crl.P.No.2158/2022 as per order dated 10.10.2023. He also submits that accused No.5 who is also an Advocate Notary has filed criminal petition seeking quashing of criminal proceedings and the same is pending consideration. - 6 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 6. Learned HCGP submits that on the basis of credible information, a raid was held and huge numbers of franked blank stamp papers with seal and the signature of notary public was found, which constitute the offences as alleged. The charge sheet is also filed after investigation, which makes out a prima facie case. 7. It is brought to the notice of Court that the stamp papers which was seized from the shop belonging to the petitioners were sent for verification and as per the report dated 25.11.2015, all those stamp papers were franked in the Sub-Registrar Office by using franking machines provided to them officially. The report also discloses that each and every stamp papers were verified and they were found genuine. There are prima facie materials to show that accused Nos.1 and 2 who are the petitioners herein have stored huge number of franked stamp papers in their shops. Ofcourse, storing of franked stamp papers is not an offence, as there is no bar for the same. Under these circumstances, the only allegation against the accused - petitioners is that they have stored the stamp papers with the seal and signature of notary public. But - 7 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 admittedly, criminal proceedings against one of the notary public is already quashed on the ground that no sanction was obtained to prosecute him as required under Section 13 of the Notaries Act, which has reached finality. 8. In the absence of accused No.4 who is said to have affixed such seal and signature on blank flanked stamp papers, the prosecution cannot make any offence against the present petitioners. Under such circumstances, proceeding further for trial is a futile exercise against these petitioners. Hence, I am of the opinion that the criminal proceedings initiated against the petitioners are liable to be quashed as no purpose would be served by prosecuting them, since the criminal proceedings against the co-accused is already quashed. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following: ORDER i) The petitions are allowed. ii) The criminal proceedings initiated against the Petitioner - accused No.2 in Crl.P.No.6498/2019 and - 8 - HC-KAR NC: 2026:KHC:3410 CRL.P No. 6498 of 2019 C/W CRL.P No. 8218 of 2019 petitioner - accused No.1 in Crl.P.No.8218/2019 in C.C.No.21505/2016 on the file of the learned XLV Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 120(B), 420, 468, 471 and 511 read with Section 34 of IPC, under Sections 59, 61, 62 and 63(A) of Karnataka Stamp Act, 1957 and under Sections 4, 5 and 6 of the Karnataka Stamp (Franking Impression of Stamps) Rules 2000, is hereby quashed. In view of the disposal of main petitions, pending interlocutory applications do not survive for consideration. Hence, the same are disposed off. Sd/- (M G UMA) JUDGE PNV List No.: 1 Sl No.: 3