Karnataka High Court
Simon vs The State Of Karnataka And Anr on 19 April, 2024
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CRL.P No. 200223 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
CRIMINAL PETITION NO.200223 OF 2024 (482)
BETWEEN:
SIMON S/O AMRUTH SINDIKATTI
AGE: 30 YEARS, OCC: STUDENT,
R/O CHAISTAN GALLI, CHITGUPPA,
TQ. HUMNABAD, DIST. BIDAR
...PETITIONER
(BY SRI AMEET KUMAR DESHPANDE SENIOR COUNSEL FOR
SRI GANESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
Digitally signed by
KHAJAAMEEN L HALLIKHED POLICE STATION, TQ. HUMNABAD,
MALAGHAN BIDAR DISTRICT, ITS REPRESENTED BY ADDL. SPP,
Location: HIGH HIGH COURT OF KARNATAKA AT KALABURAGI,
COURT OF DIST. KALABURAGI-585103
KARNATAKA
2. MALLIKARJUN S/O KASHINATH SONKERI
AGE: 45 YEARS, OCC: BUSINESSMAN,
R/O DUBALGUNDI VILLAGE, TQ. HUMNABAD,
DIST. BIDAR-585401.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
R2 SERVED)
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CRL.P No. 200223 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE FIR AND CHARGE
SHEET AND FURTHER PROCEEDINGS ARISING THERE FROM
PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS COURT BIDAR SITTING AT BASAVAKALYAN IN
S.C.NO.5011/2021 (CRIME NO.142/2020 F HALLIKHED POLICE
STATION, HUMANABAD DIST. BIDAR FOR OFFENCE
PUNISHABLE UNDER SECTIONS 489 (A), 489(B), 489(C) OF
IPC AGAINST THE PETITIONER. PASS ANY OTHER
APPROPRIATE ORDER OR DIRECTION AS DEEMED FIT BY THIS
HON'BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the accused No.4 seeking to
quash the proceeding in Crime No.142/2020 of Hallikhed
Police Station, which is pending in S.C.No.5011/2021
before the II Addl. Dist. & Sessions
Court, Bidar sitting at Basavakalayan.
2. The factual matrix of the case are that on
12.11.2020 when the complainant Mallikarjun was in his
Ganga Wines Shop, at about 8.45 p.m. the accused No.1
Shrikanth, who was a minor, came to his shop and gave
two currency note of Rs.500/- and purchased some liquor.
When the complainant examined the currency notes, he
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found that they were bearing same numbers and therefore
he returned the currency notes to the said Shrikanth, as
they were fake. Later he came to know that Shrikanth
had tried to circulate the fake currency notes in other
shops also and therefore on 19.11.2020, a complaint came
to be lodged to the police and it was registered in Crime
No.142/2020 for the offence punishable under Section
489-A 489-B and 489-C of IPC.
3. During investigation, the accused No.1 who was
a child in conflict with law (CCL) was interrogated and
upon his disclosure that he had stolen the fake currency
notes from the house of Dhanaraj S/o Kanteppa (accused
No.2); the said Dhanaraj S/o Kanteppa, was questioned
and he disclosed that he had received the fake currency
note from one Rahul; and Rahul had received it from the
accused No.3 Christanand. Thereafter, on the arrest and
interrogation of accused No.3 Christanand, he had
disclosed that his friend Simon (A-4), who is the petitioner
herein, had given him the fake currency notes at the time
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of the elections in the year 2019. Thus, the charge sheet
alleged that the petitioner herein had come in possession
of the fake currency notes. It is the case of the
prosecution that on enquiring the petitioner herein, he had
disclosed that as per the instructions of Christanand, he
went to Timmapur Chowk and had collected the fake
currency notes from an unknown person riding a
motorcycle with helmet and he had given it to the accused
No.3.
4. After completion of the investigation, the I.O.
filed charge sheet against accused No.1 before the JJ
Board and it held a trial against the accused No.1
Shrikanth in J.C No. 8/2021. During the trial including the
complainant, the recovery panchas have turned the hostile
to the prosecution. There was absolutely no evidence
against the accused No.1 to prove that he possessed fake
currency notes as such the accused No.1 came to be
acquitted.
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5. Now, the learned counsel appearing for the
petitioner would submit that the accused No.1 has already
been acquitted by the JJ Board and except the voluntary
statement of the co-accused, there is nothing on record to
implicate the petitioner herein, there is no reason to
continue the proceeding against the petitioner. In this
regard he relied on the judgment of this Court in
Shekappa V/s State of Karnataka 1, wherein it was held
that when material witnesses have not supported in the
main case, if the trial is conducted in split-up case, it will
be only a formal trial and the very object of the trial will
be lost and therefore the proceeding if allowed to
culminate in a trial, the result will be against the
prosecution. Therefore, to avoid waste of time and money
of state the best course will be to give quietus to the
petition.
6. Further he also relied on the judgment of the
Apex Court in the case of Dipakbhai Jagadishchandra
Manu/KK/1574/2010
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Patel V/s State of Gujarath and others,2 herein it was
held that when the prosecution case is fully based on the
confession statement of the co-accused which is
inadmissible and when there is no other material
implicating the accused, it is a fit case where the accused
are to be discharged.
7. Lastly he also relied on the judgment in the
case of Ashraf K.S. V/s The State, in Criminal Petition
No. 3809/2017 dated 12.06.2018 of this Court. By relying
on several decisions of the Apex Court and this Court, it
was held that when the accused is acquitted in the main
case, there is no reason to continue the trial in the slipt-up
case as it amounts to abuse of process of court and law.
8. In the case on hand, the complainant as well as
the panchas have turned hostile. They have not supported
the case of the prosecution. Evidently the complainant
alone was the person who had seen the accused No.1
(2019) 16 SCC 547
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trying to circulate the fake currency notes. The accused
No.2, 3 and 4 were seen by complainant in the police
station, this aspect is denied by him in his deposition
before the JJ Board. Except seeing the petitioner in the
police station, there is nothing on record to show that the
petitioner herein is involved in commission of the offence,
the entire evidence rests on the voluntary statement of
the accused No.1, 2 and 3. Therefore, the continuation of
proceedings against the petitioner herein would be nothing
but an abuse of process of law. CW1 or any other
witnesses had not seen the petitioner in possession of fake
currency notes and there was no recovery of the currency
notes from the petitioner. Therefore, continuation of the
proceeding against the petitioner would be nothing but
waste of time and money of the State. Hence, the petition
succeeds. Consequently the following order is passed.
ORDER
The petition is allowed.
The proceeding in Crime No.142/2020 of Hallikhed
Police Station, which is pending in S.C.No.5011/2021
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before the II Addl. Dist. & Sessions
Court, Bidar sitting at Basavakalayan so far as the
petitioner herein is concerned, is hereby quashed and the
petitioner is discharged.
Intimate the same to the concerned Court.
Sd/-
JUDGE
SMP
CT:PK
