- 1 - NC: 2025:KHC:12715 CRL.P No. 4286 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4286 OF 2024 BETWEEN: SRI. SHIVANANDA. N S/O NAGARAJU C S AGED ABOUT 45 YEARS, NO.1096, 1ST MAIN, 2ND CROSS, VIDYARANYAPURAM, MYSURU KARNATAKA – 570 008. …PETITIONER (BY SRI. KESHAVA K V, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE POLICE SUB INSPECTOR, MALLESHWARAM POLICE STATION, BENGALURU CITY – 560 003. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. THE DIRECTOR DEPARTMENT OF PRE UNIVERSITY EDUCATION 18TH CROSS ROAD, SAMPIGE ROAD BENGALURU – 560 012. …RESPONDENTS (BY SRI. M R PATIL, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THIS PETITION AND QUASH THE CHARGE SHEET AND ALL PROCEEDINGS IN CC NO. 23577/2023 EARLIER CR.NO.3/2022 LODGED BY MALLESHWARAM POLICE STATION, BENGALURU CITY, PENDING ON THE FILE OF THE XXXII ACMM BENGALURU FOR THE ALLEGED OFFENCE P/U/S 468, 471, 419, 465, 467, 420, 469, 423 R/W SECTION 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12715 CRL.P No. 4286 of 2024 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused No.2 who has been charge sheeted for the offences punishable under Sections 468, 471, 419, 465, 467, 420, 469, 423 read with Section 34 of IPC are before this Court seeking the following relief: "Wherefore the petitioner humbly prays that this Hon'ble Court may be pleased to allow this petition and quash the Charge sheet and all the proceedings in C.C.No.23577/2023, Malleshwaram Police Station, Bengaluru City, pending on the file of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru for the alleged offence punishable under Section 468, 471, 419, 465, 467, 420, 469, 423 read with Section 34 of IPC against this petitioner/accused No.2 and pass other orders as this Hon'ble Court deems fit under the fact and circumstances of the case in the interest of justice and equity." 2. The prosecution alleges that C.W.1 is the Director of the Pre-University Course, and Accused No.2 was employed as a Physics Lecturer at the Government Pre-University College in Kalasa, Mudigere Taluk, Chikkamagaluru District. Accused No.2 approached C.W.2 seeking assistance in obtaining a transfer order to Maharani Government Pre-University College, Mysuru. Subsequently, C.W.2 contacted Accused No.1, and, at Accused No.1’s behest, the petitioner (Accused No.2) transferred funds to C.W.2’s account, which C.W.2 then - 3 - NC: 2025:KHC:12715 CRL.P No. 4286 of 2024 forwarded to Accused No.1’s account. Thereafter, the petitioner presented a photocopy of the transfer order at the Directorate of the Pre-University Course, requesting permission to assume duties at Maharani Pre-University College, Mysuru. It was at this juncture that the transfer order was discovered to be a fabricated document, bearing a forged signature of C.W.1. 3. The Court has heard the arguments presented by the learned counsel for the petitioner and the learned High Court Government Pleader representing the respondent-State. 4. Upon reviewing the charge sheet materials, including witness statements, it is evident that, apart from the assertion that the petitioner (Accused No.2) sought C.W.2’s assistance for the transfer, there is no indication of a conspiracy between the petitioner and Accused No.1 to fabricate the transfer order. Moreover, the petitioner acted upon the belief that the transfer order was legitimate and approached the Directorate of the Pre- University Course to formalize his posting at Maharani Pre- University College, Mysuru. The charge sheet reveals that the counterfeit transfer order was procured by Accused No.1, passed to C.W.2, and subsequently delivered to the petitioner. - 4 - NC: 2025:KHC:12715 CRL.P No. 4286 of 2024 5. In the absence of compelling evidence indicating the petitioner’s involvement in the creation of the forged transfer order, proceeding with criminal charges against the petitioner would constitute an abuse of the legal process. ORDER i. The petition is allowed. ii. The impugned proceedings in C.C.No.23577/2023 on the file of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru against the petitioner/accused No.2 is hereby quashed. The trial Court shall proceed against the accused No.1 in accordance with law without being influenced by the observation made in this order. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JS List No.: 1 Sl No.: 11