Disposed

Sri. Harish H R v. State of Karnataka

Karnataka HC5 Jan 2024CRL.P/13101/2023

Case brief

AI extract

What is this about?

Criminal petition under Section 482 Cr.P.C. to quash proceedings for cheating regarding fake sureties. Petitioner claimed non-cooperation by police; Court directed further investigation by IO with liberty to approach Court if additional charge sheet filed.

What did the court decide?

Petition disposed of; investigation officer directed to finalize report or file additional charge sheet within three months; liberty granted to petitioner to approach Court if proceedings continue.

Sri. Harish H R Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC:706 CRL.P No. 13101 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 13101 OF 2023

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BETWEEN:

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SRI. HARISH H R S/O LATE RANGEGOWDA, AGED ABOUT 43 YEARS, R/O MOSALEHOSAHALLI VILLAE AND POST, HASSAN TALUK, HASSAN DISTRICT - 573 212. PRESENTLY R/AT NO.45, 2^ND FLOOR, 4^TH CROSS, VISHWESHWARAIAH LAYOUT, SIDEDAHALLI MAIN ROAD, BAGALAGUNTE, BENGALURU - 560 073.

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…PETITIONER

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(BY SRI. K.R.RAMESH, ADVOCATE)

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AND:

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Digitally signed by SHOBHA C Location: High Court of Karnataka

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STATE OF KARNATAKA BY HALASURU GATE POLICE, BENGALURU CITY, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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THE ASSISTANT REGISTRAR CITY CIVIL COURT, K.G.ROAD, BENGALURU - 560 009.

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…RESPONDENTS

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(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SMT. VIDYULATHA, ADVOCATE FOR R2)

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NC: 2024:KHC:706 CRL.P No. 13101 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO QUASH THE IMPUGNED CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONER IN C.C.NO.27977/2023 (CR.NO.75/2022 OF HALASUR GATE POLICE STATION) FOR THE OFFENCE P/U/S 34, 419, 465, 471, 468, 417 OF IPC, AT ANNEXURE-A WHICH IS PENDING ON THE FILE OF THE I ACMM, BENGALURU CITY AT BENGALURU AS AGAINST THE PETITIONER.

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

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ORDER

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This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing criminal proceedings in C.C. No.27977/2023 arising out of Crime No.75/2022 registered by Halasur Gate Police Station, Bengaluru, and charge sheeted for the offences punishable under Sections 419, 465, 471, 468 and 417, 34 of IPC, pending on the file of I Additional C.M.M. Court, Bengaluru.

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

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The case of prosecution is that the complainantAssistant Registrar of City Civil Court, Bengaluru, on the direction of the Sessions Judge (CCH-33), Bengaluru, filed a

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3 - NC: 2024:KHC:706 CRL.P No. 13101 of 2023

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complaint to the police, wherein it is alleged that the petitioneraccused No.3 is said to be produced two sureties for releasing an accused, who was arrested and detained in jail in NDPS case. The trial Court found that the copy of Adhar card produced by the sureties was fake and ordered for taking necessary action against the sureties. Accordingly, the complaint was lodged against the sureties and the case was registered. After investigation, the police filed charge sheet against the petitioner arraigning him as accused No.3, which is under challenge.

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The learned counsel for the petitioner has contended that the petitioner is innocent, he has been falsely implicated in the case and there is no ingredient to attract the offence of cheating. Hence, prayed for quashing the proceedings.

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Learned counsel for respondent No.2 has objected the petition and brought to the notice that the police during investigation, issued notice to the petitioner under Section 41A of Cr.P.C., but he has not cooperated with the investigation officer. Therefore, the police filed charge sheet stating that the

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NC: 2024:KHC:706 CRL.P No. 13101 of 2023

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petitioner is not cooperating in the investigation. It is also contended that after the further investigation, additional charge sheet would be filed. Hence, prayed for dismissing the petition.

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Having heard the arguments of learned counsel for the parties, perused the records.

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Learned counsel for the petitioner has produced the affidavit of the petitioner wherein it is stated that the petitioner went to the Police station on 01.07.2022 at 11.30 a.m. and appeared before the Sub-Inspector of Police, who took him to Inspector of Police and then, the petitioner approached the ACP, but, his signature was not taken on any of the documents except notice. The police have falsely filed charge sheet against the petitioner stating that he has not cooperated with investigation.

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This Court, on 03.01.2024, directed the learned High Court Government Pleader to keep present the investigation officer who filed charge sheet in this case. Sri Vasanth Ramappa Kalagi, the P.S.I. of Halasuru Gate Police station

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5 - NC: 2024:KHC:706 CRL.P No. 13101 of 2023

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appeared before the Court and submits that the petitioner has not cooperated for the purpose of investigation and therefore, the charge sheet came to be filed. However, based on the voluntary statement of accused Nos.1 and 2, the police implicated the petitioner along with the other accused persons Lakshmamma and Saraswathamma, but the police did not investigate the matter in respect of Lakshmamma and Saraswathamma and filed charge sheet only against the petitioner and two sureties. In the charge sheet, it is submitted that the investigation officer is reserved liberty to file an additional charge sheet after further investigation, since the offence committed was producing the fake sureties before the trial Court by an advocate. The learned counsel for the petitioner submits that the petitioner was not knowing about the sureties and he has acted upon on the say of one Saraswathi and the documents were not placed before the investigation officer by the petitioner during investigation. Therefore, relevant documents may be provided in the further investigation to find out the truth as to who has provided sureties and their Adhar Cards, and this Court cannot quash the proceedings at this stage. Liberty is granted to the petitioner

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that if an additional charge sheet is filed, he can approach this Court. Further, the petitioner is permitted to approach investigation officer for the purpose of further investigation. The investigation officer is at liberty to conduct investigation to find out truth and file final report within three months from the date of receipt of copy of this order.

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With the aforesaid observation, the criminal petition is disposed of accordingly.

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Sd/JUDGE

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CS List No.: 1 Sl No.: 73 CT:SK

Sri. Harish H R v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Harish H R v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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