- 1 - NC: 2025:KHC-K:1430 CRL.P No. 201606 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.201606 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: UMAPATHI S/O TIPPANNA RATHOD, AGED ABOUT 31 YEARS, OCC: VILLAGE ACCOUNTANT, R/O BALAGANUR VILLAGE, TALIKOTI, VIJAYAPUR, NOW R/O GONAVATIA TANDA, TQ: LINGASUGUR, DIST: RAICHUR-584127. …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH POLICE, TALIKOTI POLICE STATION, MUDDEBIHAL CIRCLE, DIST:. VIJAYAPURA-586101, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SMT. SIDRAMAVVA W/O SHIVAPUJAYYA HIREMATH, AGE: 63 YEARS, OCC: HOUSEWIFE, R/O HAGARATAGI, TQ: HUNSAGI, DIST: YADGIR. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI RAJESH G. DODDAMANI, ADVOCATE FOR R2) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1430 CRL.P No. 201606 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A) QUASH THE REGISTRATION OF FIR IN CRIME NO.112/2023 DATED 28.07.2023 REGISTERED BY TALIKOTI POLICE STATION, DISTRICT VIJAYAPURA/1ST RESPONDENT POLICE HEREIN, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 420, 467, 468, 471 R/W 149 OF IPC AS PER FIR, INSOFAR AS PETITIONER IS CONCERNED, PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, MUDDEBIHAL, DISTRICT VIJAYAPURA. B) ISSUE ANY OTHER APPROPRIATE ORDER OR DIRECTIONS AS DEEMED FIT BY THIS HON’BLE COURT UNDER THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The brief facts of the case are as under: It is the case of the prosecution that the petitioner being a village accountant knowingly he had forwarded the documents to the Tahsildar of Talikoti to delete the names of the complainant and her sister Sangamma from Record of Rights to facilitate the others to grab the property of 10 - 3 - NC: 2025:KHC-K:1430 CRL.P No. 201606 of 2023 acres, which was to be given to the complainant and her sister. Therefore, he is arrayed as one of the accused in the said case. The jurisdictional police have registered the case on the complaint. The investigation is under progress. 2. Heard Sri Sanjay A. Patil, learned counsel for the petitioner, Sri Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1/State and Sri Rajesh G. Doddamani, learned counsel for respondent No.2. 3. It is the submission of the learned counsel for the petitioner that the petitioner being a village accountant had acted upon the documents produced by the other co- sharers. The personal knowledge in respect of the release- deed produced by the parties would not be there. Therefore, foisting the criminal case against the petitioner cannot be sustained. Making such submissions, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader vehemently submitted that the petitioner being a - 4 - NC: 2025:KHC-K:1430 CRL.P No. 201606 of 2023 Government official had a common intention to deceive the complainant and others and acted upon the fraudulent document namely, release deed and facilitated the other accused to knock off the property which belongs to the complainant and others. Therefore, registering the FIR against the accused is appropriate and the matter is under investigation. At this stage, it is not appropriate to stifle the proceedings. Hence, the petition may be dismissed. Making such submissions, he prays to dismiss the petition. 5. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it would indicate that the complainant has stated that she is the owner along with the co-sharers of the property bearing Sy.No.286 measuring 22 acres 37 guntas. Such being the fact, accused Nos.1 to 7 had common intention to deceive the complainant and her sister, created the partition deed on the strength of forged release deed. Based on the said forged documents, the - 5 - NC: 2025:KHC-K:1430 CRL.P No. 201606 of 2023 documents have been changed with the help of the petitioner. 6. Having considered the facts of the case, it appears from the record that the petitioner, being a village accountant had acted upon the documents produced by the other co-sharers. There is no whisper as to how the petitioner was relating to the common intention or knowledge in respect of deceiving the complainant and her sister. Merely mentioning a word saying that the petitioner being a public servant has facilitated other accused to change the documents by using the forged document is not sufficient to infer that he had knowledge about the alleged forged document. 7. In order to protect the interest of the public servant from the frivolous and false complaint of such nature, it is necessary to quash the FIR in order to secure the ends of justice. 8. Hence, I proceed to pass the following: - 6 - NC: 2025:KHC-K:1430 CRL.P No. 201606 of 2023 ORDER (i) The Criminal Petition is allowed. (ii) The FIR in Crime No.112/2023 dated 28.07.2023 registered by the Talikoti Police Station for the offences punishable under Sections 409, 420, 467, 468, 471 read with Section 149 of IPC, pending on the file of the Principal Civil Judge (Sr.Dn.) and CJM Court, Muddebihal, in so far as the petitioner is concerned is quashed. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 45 CT:PK