Knowledge Of Conviction & Intentional Harboring Required To Attract Offence U/S 216 IPC: Karnataka High Court
The petitioner argued that when convict arrived at his home, he had no knowledge of the convict’s prior legal troubles and was unaware of his conviction.
The Karnataka High Court quashed a criminal charge against a man accused of harboring a murder convict in his home.
The petitioner challenged the charges, arguing that there was no evidence to prove he knowingly assisted the convict. The petitioner argued that when he arrived at his home, he had no knowledge of the convict’s prior legal troubles and was unaware of his conviction.
A Bench of Justice S R Krishna Kumar 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.”
Advocate Haleema Ameen appeared for the Petitioner and Advocate Waheeda M.M appeared for the Respondent.
The Court noted that there was no substantial evidence indicating that the petitioner had any knowledge of his conviction. Specifically, mobile phone records did not show any communications or other indicators that would suggest the petitioner was aware of the criminal history or had intentionally provided shelter to him. The Court added, “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.”
The Court further explained that, in the absence of any material evidence showing the petitioner’s knowledge or intent, continuing legal proceedings against him would amount to an abuse of the judicial process. As a result, the High Court intervened and quashed the criminal charges.
Cause Title: Udaya Kumar Shetty v. State of Karnataka, [2025:KHC:2004]
