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Karnataka High Court

Abhishek @ Gombe @ Anamika vs The State Of Karnataka on 13 March, 2026

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                              -1-
                                                            NC: 2026:KHC:15125
                                                        CRL.P No. 2084 of 2026
                                                    C/W CRL.P No. 2114 of 2026

                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 13TH DAY OF MARCH, 2026

                                            BEFORE

                          THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

                             CRIMINAL PETITION NO. 2084 OF 2026
                                            C/W
                             CRIMINAL PETITION NO. 2114 OF 2026

                   IN CRL.P No. 2084/2026

                   BETWEEN:

                   1.    ABHISHEK @ GOMBE @ ANAMIKA
                         AGED ABOUT 32 YEARS,
                         S/O ANAND
                         R/AT SAMEER RENTAL HOUSE,
                         AALI MANJIL, 2ND GATE,
                         VIVEKNAGAR POST,
                         BANGALORE-560047
                                                                  ...PETITIONER

                   (BY SRI. DHANANJAY KUMAR., ADVOCATE)
Digitally signed
by SANJEEVINI
J KARISHETTY       AND:
Location: High
Court of
Karnataka          1.    STATE OF KARNATAKA
                         BY MANGALORE EAST P S,
                         REP BY STATE PUBLIC PROSECUTOR,
                         HIGH COURT OF KARNATAKA,
                         BENGALURU-560001

                   2.    AVINASH
                         S/O CHANDRAHASA
                         AGED ABOUT 26 YEARS,
                         R/AT DOOR NO.6-96,
                         SHIVA SHAKTHI SADANA,
                         KANDETTU, BIKARNAKATTE,
                            -2-
                                         NC: 2026:KHC:15125
                                     CRL.P No. 2084 of 2026
                                 C/W CRL.P No. 2114 of 2026

HC-KAR



     KULASHEKARA POST,
     MANGALORE.
                                            ...RESPONDENTS

(BY SRI. B.N.JAGADEESHA, ADDL.S.P.P. FOR R1)

       THIS CRL.P. IS FILED U/S.482(FILED U/S.528 BNSS)
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.5/2023 BEFORE II ADDL SR CIVIL JUDGE AND CJM,
MANGALURU FOR THE OFFENCE P/US/ 392 OF IPC.


IN CRL.P NO. 2114/2026

BETWEEN:

1.   ABHISHEK @ GOMBE @ ANAMIKA
     S/O. ANAND,
     AGED ABOUT 32 YEARS,
     R/AT SAMEER RENTAL HOUSE,
     AALI MANJIL, 2ND GATE,
     VIVEKNAGAR POST,
     BENGALURU NAGARA,
     KARNATAKA 570047.
                                             ...PETITIONER

(BY SRI. DHANANJAY KUMAR., ADVOCATE)


AND:


1.   THE STATE OF KARNATAKA
     REP BY MANGALORE EAST P.S,
     REPRESENTED BY SPP,
     HIGH COURT OF KARNATAKA
     BENGALURU-560001

2.   ANIL SALDHAN
     S/O LATE JHAN SALDHAN,
     AGED ABOUT 63 YEARS,
                               -3-
                                              NC: 2026:KHC:15125
                                        CRL.P No. 2084 of 2026
                                    C/W CRL.P No. 2114 of 2026

HC-KAR



    R/AT DOOR NO. 3-78-1479,
    BACK SIDE BALLAL GARAGE,
    KADRI, MANGALURU CITY,
    KARNATAKA -575002.
                                               ...RESPONDENTS

(BY SRI. B.N.JAGADEESHA, ADDL.S.P.P. FOR R1)

    THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.
NO. 06/2023 REGISTERED BY MANGALORE EAST P.S. IN
CRIME NO. 144/2021 PENDING ON THE FILE II ADDL. SR.
CIVIL JUDGE AND CJM COURT, MANGALORE, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 392 OF INDIAN
PENAL CODE, 1860.


     THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR. JUSTICE M.NAGAPRASANNA

                         ORAL ORDER

The petitioner is before the Court calling in question proceedings in C.C.No.5/2023 in Crl.P.No.2084/2026 and C.C.No.6/2023 in Crl.P.No.2114/2026 registered for offence punishable under Section 392 of the IPC. The petitioner is the sole accused. Complaints differ in these two cases. -4-

NC: 2026:KHC:15125 CRL.P No. 2084 of 2026 C/W CRL.P No. 2114 of 2026 HC-KAR

2. The incident happens on 11.04.2021 and 17.08.2021. The petitioner is said to have snatched the chains of two men, who are the different complainants in the cases at hand.

3. The said incident becomes a crime in Cr.No.145/2021 and Cr.No.144/2021. The police conduct investigation and file a charge sheet and the matter is pending before the concerned Court as C.C.No.5/2023 and C.C.No.6/2023. The petitioner has not appeared before the concerned Court throughout the proceedings. Therefore, the concerned Court has now issued a proclamation as obtaining under Sections 82 and 83 of Cr.P.C. It is then the petitioner has rushed to this Court on the score that there is delay in registration of the complaint.

4. Learned counsel for the petitioner would vehemently contend that the incident is alleged to have taken place on 11.04.2021 and 17.08.2021 of a chain snatching from a man. Learned counsel further submits that the complainants come before the jurisdictional police and register a crime only when the acts of the petitioner are aired on electronic media. -5-

NC: 2026:KHC:15125 CRL.P No. 2084 of 2026 C/W CRL.P No. 2114 of 2026 HC-KAR Learned counsel submits that this delay is fatal and there is no incident that has taken place and three crimes are registered for a solitary incident of chain snatching.

5. Per contra, learned Additional SPP Sri B.N.Jagadeesha would vehemently refute the submission in contending that the petitioner initially gets embroiled in Cr.No.130/2021, while recording the statement of the petitioner, the petitioner himself reveals that he has indulged in two other crimes. Therefore, two other crimes are investigated into and recovery is made of three chains that were allegedly snatched by the petitioner. It is later the complainants also come and file the complaints for recovery of the chains that were snatched on looking at the event being aired in television. Therefore, he would submit that the petitioner is guilty of chain snatching on three occasions and therefore, he should not be spared at the hands of this Court.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and perused the material on record.

-6-

NC: 2026:KHC:15125 CRL.P No. 2084 of 2026 C/W CRL.P No. 2114 of 2026 HC-KAR

7. The afore narrated facts are not in dispute. The issue in the lis at this juncture would lie at a narrow compass as the submissions.

8. The submissions are that there is a complaint registered which is beyond 3 months or 8 months as the case would be in both these cases. The incident takes place on 11.04.2021 and 17.08.2021 which is an act of the petitioner snatching the chain of two persons when they were filling up fuel in a petrol pump at 02.30 a.m. The chain snatching event led to registration of a particular crime in Cr.No.130/2021. The petitioner in his statement recorded under Section 161 of Cr.P.C. admits to the crime and also admits that he has indulged in two other incidents of chain snatching which has become the crime in subsequent petitions. Though the crimes are registered on the complaint registered by those persons who had lost their chain, 161 statement of the petitioner was enough for further investigation to be conducted. Therefore, merely because there is delay of 3 months or 8 months as the case would be in both these cases, it would not mean that the petitioner should be absolved of the offence. The police -7- NC: 2026:KHC:15125 CRL.P No. 2084 of 2026 C/W CRL.P No. 2114 of 2026 HC-KAR conducted investigation and file a charge sheet. The summary of the charge sheet filed in Crl.P.No.2084/2026 reads as follows:

"17) ೇ ನ ಸಂ ಪ ವರ (ಅವಶ ದ ಪ ೆ ೕಕ ಾ ೆ ಲಗ# ) ಕಲಂ: 392 (ಾ.ದಂ.ಸಂ *ೋ,ಾ-ೋಪ.ೆ ಈ *ೋ,ಾ-ೋಪ.ಾ ಪತ ದ ಅಂಕಣ ನಂಬ3: 12 ರ ೆಸರು ಾಸ ನಮೂ6 ದ ಆ-ೋ8 ರುದ9 ಅ:ಾದ;ೆ ಏ;ೆಂದ-ೆ, >ಾನ ;ಾ ?ಾಲಯದ ಮತು ಮಂಗಳBರು ಪCವD E ೕF Gಾ.ಾ ಸರಹ6ನ ಮಂಗಳBರು ನಗರದ ೆ.8.I ಕJೆKಂದ ನಂತೂರು ಕJೆLೆ ೋಗುವ -ಾ. ೆ 66 ರ ಹ#ರ ರNೆಯ ರುವ ಎP.ಆ3.8.ಎQ :ೆRೊ ೕQ ಬಂS ನ ಬT 6;ಾಂಕ 11-04-

2021 ರಂದು XೆಳYZನ [ಾವ 2-30 ಗಂRೆ \ೇ ೆLೆ ಸೂ]ಟ3 ನ ಬರುವ ಸಮಯ ಆ-ೋ8 ಅ_,ೇ` @ LೊಂXೆ @ ಅ;ಾbಕ ನು ಸರ ಸು Lೆ >ಾಡುವ ಉ*ೇಶ6ಂದ eಾNಾ-1 ;ೇಯವರನುf ತJೆದು g , eಾNಾ-1 ;ೇಯವರ ರೂ. 80,000/- Xೆjೆ Xಾಳkವ 23.483 Lಾ ಂ ತೂಕದ lನfದ ಸರವನುf ಸು Lೆ >ಾm ೊಂಡು ೋYರುವn*ಾY*ೆ.

ಅದoಂದ ಆ-ೋ8 ಅ_,ೇS @ LೊಂXೆ @ ಅ;ಾbಕ ನು ಕಲಂ: 392 (ಾ.ದಂ.ಸಂ ರನpಯ ಅಪ-ಾಧ \ೆಸYರು ಾ-ೆ ಎಂದು ಸ ದ *ೋ,ಾ-ೋಪ.ಾ ಪತ ."

9. The summary of the charge sheet is clear that at 02.30 a.m. when the complainant was filling petrol in a petrol station, the petitioner has pulled the chain which was valued at -8- NC: 2026:KHC:15125 CRL.P No. 2084 of 2026 C/W CRL.P No. 2114 of 2026 HC-KAR Rs.80,000/- then. Therefore, there is no warrant of interference with the act of this petitioner.

10. Finding no merit in these petitions, the petitions stand dismissed.

Pending I.As., if any, stand disposed of.

Sd/-

(M.NAGAPRASANNA) JUDGE VM List No.: 1 Sl No.: 11