- 1 - NC: 2025:KHC:13627 CRL.P No. 8168 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 8168 OF 2024 BETWEEN: 1. TIRUMAL KUMAR A SON OF JAGANNATH NAIDU AGED ABOUT 49 YEARS RESIDING AT NO.119, 15TH CROSS ROAD AECS LAYOUT, SANJAYANAGARA BENGALURU-560094. …PETITIONER (BY SRI. KUMAR M.N., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH SANJAYANAGARA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGAURU-560 094. 2. SRI VIKRAM C V SON OF VENKATESH N AGED ABOUT 41 YEARS RESIDING AT NO.97 "SREE KRUPA NILAYAM", FLAT S-2 FLORENCE ENGLISH HIGH SCHOOL ROAD NAGASHETTY HALLI, SANJAYANAGARA BENGALURU-560094. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. S. RAJASHEKAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C, 1973 PRAYING TO QUASH THE CHARGE SHEET FILED BY RESPONDENT NO.1 BEFORE THE III ADDITIONAL METROPOLITAN MAGISTRATE, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13627 CRL.P No. 8168 of 2024 BENGALURU ARRAYING AS ACCUSED NO.2, FOR THE OFFENSES P/U/S 120-B, 468, 471, 420, 406, 448, 506 R/W 34 OF IPC, 1860 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner—accused No. 2 who has been charge- sheeted for offences punishable under Sections 120(B), 468, 471, 420, 406, 448, and 506 read with Section 34 of the IPC, is before this Court seeking relief. 2. The prosecution alleges that accused No. 1 executed an agreement of sale with respondent No. 2 in relation to a flat, and the said transaction was reflected in the encumbrance certificate. During the subsistence of the said agreement, accused No. 1 executed a registered sale deed in favour of accused No. 3 with respect to the same flat, based on a fabricated memorandum of understanding. This document purportedly showed that the flat, which had originally been allotted to the developer’s share, was modified to reflect that it had fallen to the landowner’s share. Based on the registered sale deed, accused No. 3 allegedly broke open the lock of the flat and criminally trespassed into it. - 3 - NC: 2025:KHC:13627 CRL.P No. 8168 of 2024 3. Heard the learned counsel for the petitioner, the learned counsel for respondent No. 2, and the learned High Court Government Pleader for respondent No. 1 – State. 4. The allegation against accused No. 2 is that he was an attesting witness to the sale agreement and, despite knowing that an agreement of sale was subsisting in favour of the complainant, he conspired with accused No. 1 and facilitated the conveyance of the flat to accused No. 3. There is no initial allegation that accused No. 2, along with accused No. 3, broke open the lock and criminally trespassed into the property. However, in the further statement, it is alleged that accused Nos. 2 and 3 together broke open the lock and trespassed into the flat. 5. There is no material evidence direct or indirect to substantiate that accused No. 2 connived with accused No. 1 in fabricating the memorandum of understanding. The complaint was filed primarily on the ground that the petitioner—accused No. 2 was an attesting witness to the agreement of sale allegedly executed in favour of the complainant. In the absence of any substantial evidence to support the allegations against the petitioner, the continuation of criminal proceedings based solely on the - 4 - NC: 2025:KHC:13627 CRL.P No. 8168 of 2024 complainant’s statement would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in CC No.5717/2020 pending on the file of the learned III Additional Metropolitan Magistrate, Bengaluru, insofar as it relates to the petitioner - accused No.2 is hereby quashed. 7. The Trial Court to proceed against other accused in accordance with law without being influenced by observations made in this order, and the observation, if any, made in this order is only for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE bkm List No.: 1 Sl No.: 68