[S.216 IPC] Necessary To Establish Accused Had Knowledge About Conviction Of Offender To Prosecute Him For Offence Of Harbouring: Karnataka HC

The Karnataka High Court recently quashed an offence registered against a man charged with harbouring a murder accused in his house.

A single judge, Justice S R Krishna Kumar allowed the petition filed by Udaya Kumar Shetty and said: “Before alleging any offence punishable under Section 216 of IPC, it is necessary to establish that accused person had knowledge about conviction of the offender and that the petitioner had intentionally and willfully harboured him so as to attract Section 216 of IPC.”

As per the prosecution, one Sharan @ Sharan Poojary @ Rohidas @ Sharan Akashbhavan was convicted by the sessions court under Sections 120B, 109 and 302 IPC and he was sentenced to life imprisonment. The conviction was confirmed by the high court.

Pursuant to this the police attempted to arrest the convicted person, who was absconding and not found, as a result of which, they came to the house of the petitioner and arrested the said accused, who was at that time present in the house of the petitioner.

Seeking quashing of the offence the petitioner argued that when the convicted person came to the house of the petitioner, the petitioner submitted that he was not aware of the accused's conviction. Thus, in the absence of any material to establish that the petitioner had knowledge of conviction or that he had mens rea of harbouring the convicted person, he cannot be said to be guilty.

Referring to the provision the court said “In the instant case, apart from the fact that the aforesaid convicted person Sharan was merely arrested and taken into custody from the house of the petitioner, in the absence of any material to establish that the petitioner had knowledge of the offender's conviction and that he intentionally harboured the offender, petitioner cannot be said to be guilty under Section 216 of IPC.”

Court noted that call records of the mobile number of the petitioner do not indicate that there are text messages or transcripts which would indicate that he was aware of the offender's conviction and that he intentionally harboured the convicted person.

Accordingly the court held, “Continuation of proceedings against the petitioner for offence punishable under Section 216 of IPC would amount to abuse of process of law warranting interference by this Court in the present petition.”

Appearance: Advocate Haleema Ameen for Advocate Ashok Kumar Shetty for Petitioner.

HCGP Waheeda M.M for Respondent.

Citation No: 2025 LiveLaw (Kar) 47

Case Title: Udaya Kumar Shetty AND State of Karnataka

Case No: CRIMINAL PETITION NO. 14164 OF 2024

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