- 1 - NC: 2025:KHC:17877 CRL.P No. 11730 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 11730 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. DR S M SHARATH CHANDRA S/O. COL.S.M.SREEKANTA AGED ABOUT 61 YEARS RESIDING AT SHARABHA, NO.1002,12TH A MAIN, SECTOR-A, NEW TOWN, YELAHANKA, BENGALURU-560 064. …PETITIONER (BY SRI. ABHISHEK K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMPURA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU-560001. 2. S.M.VEERABHADRAIAH S/O LATE. VISHWAMURTHY, AGED ABOUT 58 YEARS, R/AT 7129B, VALMIKI HOSTEL, GOPALASWAMY ROAD, GANDI NAGAR, BELLARY -560056. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1; SRI. MAHAMMAD ALI, ADVOCATE FOR R1) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17877 CRL.P No. 11730 of 2024 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH ENTIRE PROCEEDINGS IN CC.NO.852/2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC CHALLAKERE, CHITRADURGA ITINERARY SENIOR CIVIL JUDGE AND JMFC, MOLAKALMURU, FOR THE ALLEGED OFFENCES P/U/S 463,464,468,403,420,120(B) R/W 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner (accused No.2) challenges the order passed by the Trial Court, whereby the cognizance of the offences punishable under Sections 463, 464, 468, 403, 420, 120-B read with Section 149 of IPC has been taken. 2. The respondent No.2 had lodged the FIR stating that accused Nos.1 to 3 in order to grab the property have created documents, and submitted an application before accused Nos.4 to 6 for change of khatha in the name of the respondent No.1, the accused Nos.4 to 6, who are the government employees without following due process of law by colluding with the accused Nos.1 to 3 have illegally deleted the name of S M Dakshina Murthy, who is the original owner of the property, and got inserted the name of accused No.1 and transferred the above property in the name of accused No.1. The police have submitted the `B' report. The learned Magistrate after considering the `B' report recorded the sworn statement has taken the cognizance. - 3 - NC: 2025:KHC:17877 CRL.P No. 11730 of 2024 3. Heard the learned counsel for the petitioner, learned counsel for the respondent No.2 and the learned High Court Government Pleader for the respondent No.1 - State. 4. Perusal of the complaint indicated that except the allegation that the allegation that the petitioner (accused No.2) herein connived with accused No.1 in creating the documents, there is no allegation dealing how and in what manner conniving with the said accused for creating the fabricated document. 5. In para-5 of the complaint, the complainant has stated that he has obtained the certified copy of Khatha extract from the office of accused No.4 to 6 and was sent to the handwriting expert for examination, the handwriting expert have given their opinion that the accused No.1 and accused Nos.4 to 6 have tampered the document. 6. The complainant having admitted that the Khatha was tampered by accused No.1 and accused Nos.4 to 6, the allegation that the petitioner connived with other accused in creating the Khatha extract is without any substance. 7. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. The criminal proceedings in CC No.852/2023 pending on the file of the learned Senior Civil Judge and JMFC, Challakere, Chitradurga - 4 - NC: 2025:KHC:17877 CRL.P No. 11730 of 2024 Itinerary Senior Civil Judge and JMFC, Molakalmuru, insofar as it relates to the petitioner (accused No.2) is hereby quashed. 9. The Trial Court is hereby directed to proceed against other accused in accordance with law without being influenced by any of the observations made in this order, and if any observation made in this order is only for the purpose of this petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 120