Allowed

Shri. Muneerahamed S/O Jamalsab Kapathal v. the State of Karnataka

Karnataka HC6 Nov 2023CRL.P/101080/2023

Case brief

AI extract

What is this about?

This criminal petition under Section 482 Cr.P.C. sought to quash criminal proceedings against a petitioner accused of theft. The High Court allowed the petition, holding that the charge sheet failed to establish a case of conspiracy or common intention between the petitioner and other accused, as only key preparation was alleged without criminal intent. Consequently, the proceedings were quashed.

What did the court decide?

Criminal proceedings initiated against the petitioner in C.C. No. 545/2023 were quashed.

Shri. Muneerahamed S/O Jamalsab Kapathal Vs the… — Criminal Trial and Appeal | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

¶7

CRIMINAL PETITION NO. 101080 OF 2023

¶8

BETWEEN:

¶9

SHRI. MUNEERAHAMED S/O JAMALSAB KAPATHAL, AGE. 50 YEARS, OCC. PRIVATE WORK, R/O. ANAND NAGAR ROAD, FATESHANAGAR, 2^ND CROSS, OLD HUBLI, HUBLI-580024.

¶10

… PETITIONER

¶11

(BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE)

¶12

AND:

¶13

THE STATE OF KARNATAKA, THROUGH DHARWAD TOWN P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWD-580011.

¶14

VIJAYALAKSHMIM KANKUPPI Digitally signedbyVIJAYALAKSHMIM KANKUPPIDate:2023.11.0810:34:01 +0530

¶15

SHRI. RAMESH S/O SRIPAL MALAYI, AGE. 38 YEARS, OCC. PRIVATE WORK, R/O. INGALI, TQ. CHIKKODI, DIST. BELAGAVI, CURRENTLY AT. KELAGERI ROAD, SAI NAGAR, OPP. TEMPLE, DHARWAD-580001.

¶16

… RESPONDENTS

¶17

(BY SRI. P.N. HATTI, HCGP FOR R1; SRI. SHARAD V. MAGADUM, ADVOCATE FOR R2)

¶18

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASHING THE ENTIRE PROCEEDINGS INITIATED AGAINST PETITIONER IN DHARWAD TOWN P.S. CRIME NO.01/2023 ON THE FILE OF HON’BLE IIND ADDITIONAL CIVIL JUDGE AND JMFC-II, DHARWAD IN C.C. NO.545/2023 FOR OFFENCES PUNISHABLE UNDER SECTIONS 457, 380, 409, 201, 425, 120B R/W 34 OF IPC.

¶19

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

¶20

¶21

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶22

ORDER

¶23

This petition is filed by accused No.3 under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’, for brevity) seeking quashing of proceedings in C.C.No.545/2023 (Dharwad Town Police Station in Crime No.1/2023) for the offences punishable under Section 457, 380, 409, 201, 425, 120B r/w Section 34 of Indian Penal Code.

¶24

Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1-State.

¶25

A complaint came to be registered in

¶26

Dharwad Town Police Station in Crime No.1/2023 for the offences 454, 457, 380 and 427 of Indian Penal Code on the complaint of one Sri Ramesh S/o Sripal Malayi, the Branch Manager of Sri Beereshwar Co-Operative Credit Society Ltd.

¶27

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶28

¶29

Examba. There was a theft in the said credit society and for that said complaint has been filed. After investigation chargesheet came to be filed against accused Nos.1 to 3 for the offences punishable under Section 457, 380, 409, 201, 425, 120(B) r/w Section 34 of Indian Penal Code. The petitioner has been arrayed as accused No.3 in the chargesheet. As per column 17 of the charge sheet accused No.2 who was working in Sri Beereshwar Co-Operative Credit Society Ltd. Examba conspired with accused No.1 to commit theft in the said society and gave him society keys to prepare duplicate keys. Accused No.1 who took keys given by accused No.2 and got duplicate keys prepared with the help of the petitioner/accused No.3. Thereafter, accused No.1 on 01.01.2023 between 9.30p.m to 11.30p.m has opened the main shutter of the said society with the help of duplicate keys and went inside and opened the bank locker with duplicate keys and committed

¶30

¶31

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶32

theft of gold ornaments weighing 661.300 grams and cash of Rs.20,64,000/-. On the basis of the said chargesheet case came to be registered in C.C No.545/2023 on the file of the II Additional Civil Judge and J.M.F.C-II, Dharwad for the offences punishable under Section 457, 380, 409, 201, 425, 120(B)r/w Section 34 of Indian Penal Code. The petitioner who is arrayed as accused No.3 in the charge sheet has sought quashing of the proceedings in C.C.No.545/2023 in this petition.

¶33

Learned counsel for the petitioner would contend that on perusal of entire chargesheet there are no allegations of any conspiracy or common intention between petitioner/accused No.3 and other accused i.e. accused Nos.1 and 2. The petitioner at request of accused No.1 has prepared duplicate keys and it is profession of the petitioner to prepare duplicate keys. Even on perusal of the confession statement of accused No.1 nothing is

¶34

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶35

¶36

alleged for having conspired with accused Nos.1 and 2 with the petitioner/accused No.3 for

¶37

committing theft in the said society. Even in the confession statement of this petitioner/accused No.3 nothing is stated regarding common intention of this petitioner with other accused persons or conspiracy between them. The petitioner prepared 08 duplicate keys brought by accused No.1 for higher charges. Even duplicate keys used by accused No.1 to commit theft have not been seized during investigation as they have been thrown by accused No.1 in a river. He contends that entire chargesheet does not attract the offences alleged against this petitioner/accused No.3. With this, he prays to allow the petition.

¶38

Per contra, learned High Court

¶39

Government Pleader for respondent No.1-State and learned counsel for respondent No.2 both submit that the petitioner knowing that keys brought to

¶40

¶41

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶42

him for making duplicate keys are bank locker keys he prepared duplicate keys for higher charges. The said aspect itself shows that he is aware of the offences committed by accused No.1 and another. The petitioner being duplicate key maker has a duty to the society while preparing duplicate keys.

¶43

The petitioner prepared duplicate keys brought by accused No.1 at different times. The petitioner prepared duplicate keys on different dates, even after knowing that they are bank locker keys. Chargesheet materials shows prima facie case against the petitioner/accused No.3 for offences alleged against him. With this they prayed for rejecting the petition.

¶44

Accused No.2 was staff working in the Sri Beereshwar Co-Operative Credit Society Ltd. Examba. Accused No.2 in conspiracy with accused No.1 brought the society locker keys and other keys and gave to the accused No.1 for making

¶45

¶46

NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶47

duplicate keys. Accused No.1 took the said keys given by accused No.2 and approached this accused No.3 to prepare duplicate keys by paying charges. Accused No.1 with help of said duplicate keys opened the society shutter and bank locker committed theft of gold ornaments and cash. There is recovery of gold ornaments and cash at the instance of accused No.1. There is no recovery of duplicate keys used by accused No.1 to commit theft in the said society. Except that the petitioner/accused no.3 prepared duplicate keys at instance of accused No.1 nothing is alleged against him. Even in voluntary statement and confession statement of accused No.1 nothing has been stated regarding sharing common intention or conspiracy with accused No.3. Even if, all chargesheet materials are established they does not establish any offence against this petitioner/accused No.3. Therefore, the proceedings initiated against this petitioner/accused No.3 in C.C No.545/2023

¶48

8 - NC: 2023:KHC-D:12934 CRL.P No. 101080 of 2023

¶49

requires to be quashed. In the result, the

¶50

following

¶51

ORDER

¶52

The petition is allowed.

¶53

The criminal proceedings initiated against this petitioner/accused No.3 in C.C.No.545/2023 on the file of the II Additional Civil Judge and J.M.F.C-II, Dharwad, are quashed.

¶54

In view of the disposal of the petition, IA No.1 of 2023 does not survive for consideration.

¶55

Sd/JUDGE

¶56

DSP CT:BCK List No.: 1 Sl No.: 21

Shri. Muneerahamed S/O Jamalsab Kapathal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Muneerahamed S/O Jamalsab Kapathal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shri Maheshwar S/O Veerasangayya Hiremath Vs Shri Chidanand Durdundayya Hiremath

Shri Imran S/O Riyazahmed Butler Vs Smt. Sameena W/O Imran Butler

Shri Ishwar S/O. Adiveppa Bannur Vs Shri. Manjunath S/O. Gurappa Nolvi

Umar Abdulgani Sayad Vs the State of Karnataka

Mayur S/O. Shankar Shivapur Vs Basappa S/O. Siddappa Gourannavar

Kasturibai D/O Madiwalayya Hiremath Vs Smt. Jyoti W/O Yuvaraj Hiremath