Karnataka High Court
Sachin A Nagannavar vs State Of Karnataka By on 19 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:6958
CRL.P No. 7646 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 7646 OF 2022
BETWEEN:
SACHIN A. NAGANNAVAR
S/O ANAND SIDDAPPA,
AGED ABOUT 43 YEARS,
NAGANNAVAR FLAT NO.01,
SAVAGAON ROAD,
NANNAVADI, BELGAVI CITY,
KARNATAKA - 590 009.
...PETITIONER
(BY SRI. S.H.KAZI, ADVOCATE)
AND:
STATE OF KARNATAKA BY
VIDHANA SOUDHA POLICE STATION,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally signed by
BHAVANI BAI G BANGALORE - 560 001.
Location: High
Court of Karnataka ...RESPONDENT
(BY SRI. VENKAT SATYANARAYAN A., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS
INITIATED AND REGISTERED AGAINST HIM BY THE
RESPONDENT VIDHANSOUDHA P.S. BENGALURU CITY UNDER
SEC.7 AND 25(1A) OF INDIAN ARMS ACT IN
S.C.NO.1121/2022, C.C.NO.30232/2019 CR.NO.58/2016 ON
THE FILE OF LEARNED LVIII ADDL.CITY CIVIL AND SESSIONS
JUDGE AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:6958
CRL.P No. 7646 of 2022
ORDER
This petition is filed by the petitioner-accused under
Section 482 of Cr.P.C. for quashing the criminal proceedings in
S.C.No.1121/2022 (C.C.No.30232/2019) arising out of Crime
No.58/2016 registered by Vidhana Soudha Police Station,
Bengaluru for the offence punishable under Sections 7 and 25
(1A) of the Indian Arms Act, 1959, now pending on the file of
LVIII Additional City Civil and Sessions Judge (CCH-59),
Bengaluru.
2. Heard the learned counsel for the petitioner and
learned High Court Government Pleader for the respondent-
State.
3. The case of the petitioner is that the Police
Subsequently-Inspector, KSISF, Vidhana Soudha Metro Station
filed a complaint on 06.08.2016 alleging that when he was on
duty at 7.30 p.m., in Vidhana Soudha Metro Station, a
person/traveler came to the metro along and X-ray baggage
scanner, he found a live bullet in the bag of the petitioner. He
was taken to the custody and FIR was registered.
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Subsequently, investigation was conduction and charge sheet
was filed, which is under challenge.
4. Learned counsel for the petitioner has contended
that he is a medical representative came from Belgaum for
selling the medicines and he used to keep his baggage outside
the hospital and pharmacy, at that time, somebody might have
put the bullet in his bag,` he is not aware about the bullet and
he is not having conscious possession of the bullet. Therefore,
the petitioner shall be exonerated from the charges. Hence,
prayed for allowing the petition. Learned counsel for the
petitioner also relied upon the judgments of Co-ordinate
Benches as well as this Court in various cases.
5. Per contra, learned High Court Government Pleader
objected the petition.
6. Having heard the arguments and on perusal of the
records, which reveals, the petitioner came to the Vidhana
Soudha Metro Station at Bengaluru on 06.08.2016 at 7.30 pm.
On scanning his baggage in the baggage scanner, they found a
live bullet in his bag. The learned counsel submits without the
knowledge and without the conscious possession, if anything is
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carried, the alleged offences under Sections 7 and 25 will not
be attracted.
In support of his contention, the learned counsel has
relied upon the judgment of this Court as well the Co-ordinate
Benches of the Delhi High Court. The Co-ordinate Bench of this
Court in the case of Dr. Jonathan Jaideep vs. State and
another in W.P.No.14289/2023 (GM-RES) has taken the
view that there is no such offence made out if anything is
carried without the conscious possession. In similar situation,
the another Co-ordinate Bench of this Court in the case of
Joseph Kevin Shay vs. State and another in
Crl.P.No.5448/2015 dated 15.10.2015 has also taken
similar view and quashed the criminal proceedings. Even this
court in Crl.P.No.310/2023 dated 10.03.2023 in the case
of Ruchi Mishra vs. State and another has taken similar
view and order has been passed what is conscious possession,
the offence under Section 5 of the Terrorist and Disruptive
Activities (Prevention) Act, 1987 Act is also considered by this
court and criminal petition was allowed and the proceedings
against the petitioner was quashed. Based upon the judgment
of the Co-ordinate Benches, I am of the view that there is no
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conscious possession of carrying the live bullet by the petitioner
and question of punishing or framing or charge against the
petitioner does not arise. Consequently, the petitioner made
out the case for quashing the criminal proceedings.
7. Accordingly, the petition is allowed.
The criminal proceedings against the petitioner in
S.C.No.1121/2022 (C.C.No.30232/2019) arising out of Crime
No.58/2016 registered by Vidhana Soudha Police Station,
Bengaluru is hereby quashed.
Sd/-
JUDGE
GBB
CT:SK
