Karnataka High Court
Basavaraj vs The State on 8 April, 2026
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NC: 2026:KHC-K:3127
CRL.P No. 200839 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200839 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
BASAVARAJ S/O CHANNAPPA DESALLI
AGE: 51 YEARS
OCC: DEPUTY GENERAL MANAGER
R/O REGIONAL OFFICE, KARNATAKA BANK
NEW-DELHI-110001
...PETITIONER
(BY SRI. UDAY P HONGUNTIKAR., ADVOCATE)
AND:
1. THE STATE THROUGH
Digitally signed by
INDI POLICE STATION
SHIVALEELA TQ: INDI, DIST: VIJAYAPURA-506209.
DATTATRAYA UDAGI
REPRESENTED ADDL. SPP
Location: HIGH
COURT OF HCK, KALABURAGI BENCH.
KARNATAKA
2. SUNIL GOUDA
S/O RACHAPPAGOUDA PATIL
R/O KANABOOR VILLAGE
TQ: AND DIST: VIJAYAPURA-586113.
...RESPONDENTS
(BY SRI.JAMADAR SHAHABUDDIN, HCGP FOR R1;
R2 SERVED)
THIS CRL.P IS FILED U/SEC. 482 OF CR.P.C (OLD)
U/SEC. 528 OF BNSS (NEW) PRAYING TO ALLOWED. THE
CHARGE-SHEET FILED BY THE INDI POLICE STATION IN CRIME
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NC: 2026:KHC-K:3127
CRL.P No. 200839 of 2024
HC-KAR
NO.17/2019 UNDER ALLEGED OFFENCES 392, 506 R/W 34, 175
I.P.C AGAINST ACCUSED NO.6/PETITIONER IN C.C
NO.531/2019 PENDING BEFORE SENIOR CIVIL JUDGE AND
JMFC, INDI AT INDI BE QUASHED AS PER ANNEXURE-C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
The petitioner has filed this petition under Section 482 of Criminal Procedure Code, 1989 seeking following relief:
"Therefore, it is most humble pleased before this Hon'ble Court that the petition filed by the petitioner may kindly be allowed. The charge sheet filed by the Indi Police Station in Crime No.17/2019 under alleged offences 392, 506 read with Sections 34 and 175 of IPC against accused No.6/petitioner in C.C.No.531/2019 pending before Senior Civil Judge and JMFC, Indi at Indi be quashed as per Annexure-C.
2. Kindly pass any orders for directions this Hon'ble Court deems necessary given the -3- NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR facts and circumstances of the case in the interest of injustice and equity."
2. It is submitted that the Accused No.4-Navomi W/o Vishwaradhya Badiger was in illicit relation with complainant Sri.Sunil Gouda S/o Rachappa Gouda Patil. The Accused No.3 in collusion with Accused No.1, 2 and 3 Honey trapped the complainant. Sri.Sunil Gouda Patil by fixing spy cameras in the room, recording illicit physical relationship by the complainant with Accused No.4.
3. The Accused No.1 to 4 Black-mailed the complainant to extract the money by showing the videos of illicit physical relationship with the Accused No.4. On complaint by the complainant Sri.Sunil Gouda Patil against Accused No.1 to 4, the Indi Police registered an FIR in Crime No.17/2019 before the Indi Police Station under offences 392, 506 R/w Sec. 34 I.P.C.
4. The Indi Police investigated the matter and filed charge sheet for the offences U/s 392, 506 R/w 34, 175 I.P.C. The Indi police arrayed Accused No.6 Basavaraj -4- NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR Desalli AGM, Karnataka Bank, Vijayapura as Accused No.6, fixing liability and crime, U/s 175 of I.P.C. for failing to produce the video footage, wherein, the Accused No.1 to 4 used ATM Centre at Vijayapura and further the Accused No.6/Petitioner since failed to produce the footage trying to slow down the investigation, the Sec. 175 of I.P.C. was incorporated and Sri. Basavaraj Desalli, AGM Karnataka Bank, Vijayapura was arrayed as Accused No.6 in the charge sheet.
5. Learned counsel for the petitioner also urged the following grounds:
(i) The Indi Police Wrongly incorporated the Accursed No.6/Petitioner in the Charge-Sheet, since there is no substantial material against the Accused No.6/Petitioner.
(ii) That, the Indi Police have wrongly incorporated the individual name as Accused No.6, since the alleged offence fixed by the Police U/s 175 should have been against the concerned Branch Manager designate or AGM -5- NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR designate of Karnataka Bank, instead the Indi Police have wrongly incorporated the name of the Accused No.6 in the Charge-Sheet.
(iii) That, the offences alleged by the Indi Police under Charge Sheet Sections 392, 506 R/W 34 of I.P.C., is directly against the Accused Nos.1-4. The Accused No.6/Petitioner has nothing to do with the alleged offences committed by the Accused No.1 to Accused No.4.
(iv) That, the Indi Police sought details pertaining to the operation of ATM by the Accused persons 1 to 4 on 18/01/2019 and further requested Accused No.6 to provide video footage of the whole incident for the period from 28/01/2019 to 14/06/2019.
(v) The Indi police wrongly incorporated the offence U/s 175 of I.P.C., against Accused No.6/Petitioner for not providing the video footage & thus wrongly arrayed the Accused No.6/Petitioner in the Charge-Sheet wrong side other Accused persons.-6-
NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR
(vi) That, the Indi Police has filed a Charge-Sheet, which substantially establishes the fact that no material is found against Accused No.6/Petitioner colluding with the Accused No.1 to 4.
(vii) That, the Indi Police has filed a Charge Sheet against Accused No.6/Petitioner for the offences punishable U/s 392, 506 R/w 34, 175 of I.P.C., the Accused No.6/Petitioner is not involved in any such illegal activity for the alleged offences with the Accused No.1 to
4. Hence, this Petition.
(vii) That, the Accused No.6/Petitioner is a Public Servant, presently working as Deputy General Manager, Karnataka Bank Regional Office New Delhi. Since, it involves important financial decisions; therefore, the presence of the Accused persons No.6 at New Delhi is important.
(viii) The Accused No.6/Petitioner being Law Abiding Citizen and in the responsible post co-operated with the -7- NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR Indi Police and further obtained Regular Bail before the Jurisdictional Indi Magistrate dated 12/04/2021.
(xi) That, the Accused No.6/Petitioner was unable to keep himself present before the Jurisdictional Indi Court, the Counsel on record filed Exemption Petition, which was rejected and NBW was issued against the Petitioner.
(x) That, the Indi Police have wrongly incorporated the name of the Accused No.6/Petitioner in the Charge- Sheet under the alleged offences, being aggrieved by the said fact, the Petitioner has no other option, but to approach this Hon'ble Court.
(xi) All these material illegality in following the procedure of law by the Indi Police makes the entire Case Otiose The proceedings initiated by the Indi Police against the Accused No.6/Petitioner under alleged offences are intentional. The petitioner humbly prays for the relief to quash the F.LR against the Petitioner & therefore has filed -8- NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR this present Petition, to avoid any injustice to be caused to the Petitioner.
(xii) In addition to the afore mentioned grounds, the Petitioner may kindly be permitted to put-forth any other grounds during the cause of the arguments with the permission of the Hon'ble Court.
6. I have heard the arguments on both sides.
7. In addition to the grounds urged in the memorandum of petition, learned counsel appearing on behalf of the petitioner would submit that, in view of the provisions of Section 195 of the Code of Criminal Procedure, the trial Court shall not take cognizance except on a complaint in writing for offences under Sections 172 to 188 of the IPC. On all these grounds, he sought to allow the petition.
8. I have examined the materials placed before this Court. On the basis of the complaint filed by Sri Sunil Gowda, the Indi Police registered the case in Crime No. -9- NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR 17/2019 against accused Nos. 1 to 4 for offences punishable under Sections 392 and 506 read with Section 34 of the IPC.
9. After investigation, the Investigating Officer submitted the charge sheet against accused Nos. 1 to 6 for the commission of offences under Sections 392 and 506 read with Section 34 of the IPC against accused Nos. 1 to 4, and filed the charge sheet against accused Nos. 5 and 6 for the offence under Section 175 of the IPC. In the charge sheet, it is specifically stated that accused Nos. 5 and 6 failed to furnish the video clips. Despite several correspondences between A5 and A6, they are stated to have committed the offence punishable under Section 175 of the IPC.
10. In view of Section 195 of the Code of Criminal Procedure, no Court shall take cognizance of any offence punishable under Sections 172 to 188 of the IPC except on a complaint in writing of that Court or by such officer of the Court as that Court may authorize in writing in this
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NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR behalf, or of some other Court to which that Court is subordinate. In the present case, the Investigating Officer has not lodged any complaint before the Court as defined under Section 2(d) of the Code of Criminal Procedure to take cognizance against accused Nos. 5 and 6 for the offence under Section 175 of the IPC. Instead, he has submitted the charge sheet against the accused. Trial Court has registered the case against accused Nos. 5 and 6 mechanically without application of mind.
11. Even in the order sheet pertaining to C.C. No. 531/2019, the trial Court has not noted the offence under Section 175 read with Section 34 of the IPC. Viewed from any angle, the proceedings initiated against the present petitioner for the offence punishable under Section 175 of the IPC in C.C. No. 531/2019, pending before the Senior Civil Judge and JMFC, Indi, are not sustainable in law. Hence, I proceed to pass the following:
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NC: 2026:KHC-K:3127 CRL.P No. 200839 of 2024 HC-KAR ORDER i. The petition is allowed.
ii. The proceedings initiated against the present petitioner for the offence under Section 175 of the IPC in C.C. No. 531/2019 pending on the file of the Senior Civil Judge and JMFC are hereby quashed.
iii. The Investigating Officer is at liberty to proceed against the petitioner in accordance with law for the offence under Section 175 of the IPC.
iv. The Registry is directed to send a copy of this order to the trial Court.
Sd/-
(G BASAVARAJA) JUDGE TIN List No.: 1 Sl No.: 30