Criminal Petition No. 6174 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:19607 CRL.P No. 6174 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6174 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. KRISHNAMURTHY S/O NARAYANAPPA AGED ABOUT 49 YEARS R/AT #190/1, GREEN FIELD APARTMENT, ANNANAGARA, WEST EXTENSION, CHENNAI, TAMILNADU-600 101.
Legal Reasoning
(BY SRI ASHWATH C.M., ADVOCATE) AND: …PETITIONER Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA 1. STATE BY IMANGALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. GIRISH YADAV K.P. S/O PATHAIAH AGED ABOUT 43 YEARS, ASSISTANT PROFESSOR V.G.F.G.C. COLLEGE, HIRIYURU TOWN-572 143. (BY SMT. SOWMYA R., HCGP FOR R.1; R.2: SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO SET ASIDE THE …RESPONDENTS - 2 - NC: 2025:KHC:19607 CRL.P No. 6174 of 2024 HC-KAR ORDER DATED 30.03.2023 PASSED BY HON'BLE ADDITIONAL CIVIL JUDGE AND JMFC., AT HIRIYUR IN N.C.R. NO.35/2023 AND FIR IN CRIME NO.53/2023 REGISTERED BEFORE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 98 OF KARNATAKA POLICE ACT, 1963, CONSEQUENTLY QUASH THE FURTHER PROCEEDINGS IN C.C.NO.799/2023, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC., AT HIRIYUR FOR THE OFFENCE PUNISHABLE UNDER SECTION 98 OF KARNATAKA POLICE ACT, 1963, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following relief:- "Wherefore the petitioner humbly prays that this Hon'ble court may be pleased to set aside the order dated 30.03.2023 passed by Hon'ble Additional Civil Judge and JMFC., at Hiriyur in N.C.R. no.35/2023 and FIR in Crime no.53/2023 registered before Respondent police for the offence punishable under Section 98 of Karnataka Police Act, 1963, consequently quash the further proceedings in C.C. no.799/2023 pending on the file of Additional Civil Judge and JMFC at Hiriyur for the offence punishable under Section 98 of Karnataka Police Act, 1963, in the interest of justice.” - 3 - NC: 2025:KHC:19607 CRL.P No. 6174 of 2024 HC-KAR 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 3. A perusal of the material on record will indicate that on 29.03.2023, the petitioner was traveling from Chennai to Pune when he reached Guilalu Toll at NH-48, when respondent No.2- complainant stopped his car and inspected and found that the alleged amount of Rs.2,70,000/- was in possession of the petitioner, pursuant to which, the impugned FIR 53/2023 was initiated against the petitioner for the offence punishable under Section 98 of the Karnataka Police Act, 1963 (for short 'the Act'). In pursuance of the same, the impugned proceedings in C.C.No.799/2023 are pending before the trial Court, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. Under identical circumstances in the case of Kesari Chand Vs. State of Karnataka and Others - W.P.No.13900/2023 dated 05.09.2023, this Court has come to the conclusion that since - 4 - NC: 2025:KHC:19607 CRL.P No. 6174 of 2024 HC-KAR the impugned seizure was prior to the Election Code of Conduct coming into force, mere recovery of the amount from the petitioner and alleged possession of the same by the petitioner cannot be a ground to incriminate the petitioner for the offence punishable under Section 98 of the Act. Section 98 of the Act reads as under:- "98. Possession of property of which no satisfactory account can be given.—Whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property, or property fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the Magistrate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees or with both." 5. Similarly in the case of Shri R.Amarnath Vs. The State of Karnataka and Another - Criminal Petition No.50/2024 dated 01.04.2025,, this Court had reiterated the very same principle by considering the provisions contained in Section 98 of the said Act in order to come to the conclusion that the material on record including the charge sheet etc. do not indicate that the - 5 - NC: 2025:KHC:19607 CRL.P No. 6174 of 2024 HC-KAR complainant had any reasonable belief or suspicion that the cash found in possession of the petitioner therein was stolen property or was fraudulently obtained and the mere possession of a large amount of cash without valid documents does not, by itself, constitute an offence under Section 98 of the Act and to establish that any offence under the said provision the respondent should demonstrate that the property in question was either stolen or fraudulently obtained. 6. In the facts of the instant case on hand, the material on record would clearly establish that the Code of Conduct had not come into force on 29.03.2023 and the same came into force only subsequently on 30.03.2023 coupled with the fact that mere possession of large amount of cash without valid documents does not by itself constitute an offence and in the absence of any material would indicate that the cash in question was either stolen or fraudulently obtained and in the absence of any such allegation or reasonable suspicious on record, I am of the view that the impugned proceedings qua the petitioner deserves to be quashed.
Decision
7. In the result, the following: - 6 - NC: 2025:KHC:19607 CRL.P No. 6174 of 2024 HC-KAR ORDER (i) Petition is hereby allowed. (ii) The impugned / entire proceedings in C.C.No.799/2023 pending on the file of the Additional Civil Judge and JMFC at Hiriyur, arising out of Crime No.53/2023 qua the petitioner, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VMB List No.: 3 Sl No.: 7