- 1 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103349 OF 2023 BETWEEN: SACHIN ADAGOUDA KAGE (SAKAGE), AGED ABOUT 38 YEARS, OCC: ADVOCATE, R/O: 13/82, PATTANKUDI, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI – 591 238. …PETITIONER (BY SRI. MADANGOUDA N. PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH CHIKKODI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT KARNATAKA, DHARWAD – 580 011. 2. SRI. SHIVALING BHIMAPPA ARABHANVI, AGED ABOUT 62 YEARS, OCC: FARMER, R/O: HALATTI, TQ: CHIKKODI, DIST: BELAGAVI – 591 201. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SMT. SANJANA S. MUDHOL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE FIR REGISTERED BY CHIKODI POLICE STATION AND ENTIRE PROCEEDINGS AGAINST THIS PETITIONER IN CR.NO.241/2023 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT CHIKKODI, BELAGAVI FOR THE OFFENCE U/S 465, 468, 471, 419, 420 AND 149 OF IPC INSOFAR AS PETITIONER/ACCUSED NO.5 IS CONCERN. PASS ANY SUCH ORDER/S AS DEEMS FIT BY THIS HON’BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner-accused No.5 under Section 482 of Cr.P.C praying to quash the FIR and entire proceedings in Crime No.241/2023 of Chikkodi Police Station registered for offences punishable under Sections 465, 468, 471, 419, 420 and 149 of Indian Penal Code [hereinafter referred to as ‘IPC’ for short]. 2. The respondent No.2 has filed complaint and the same came to be registered in Crime No.241/2023 for the aforesaid offences. The said case is registered against six [6] accused persons out of them, petitioner has been arrayed as accused No.5. The proceedings in the said case are sought to be quashed by the petitioner-accused No.5. The accusation in the said complaint filed by respondent No.2 is that the properties of his ownership in RS No.84/4 measuring 2 acres 20 guntas, RS No.89/1 measuring 2 acres 26 guntas and RS No.90/3 measuring 8 acres 8 guntas have been sold by the accused persons - 3 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 impersonating him with a help of his son by name Umesh, who is addicted to bad-vices. The accusation against the petitioner-accused No.5 is that, he has drafted the said sale deeds and involved in commission of offence. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1 - State and the learned counsel for respondent No.2. 4. The learned counsel for petitioner would contend that the petitioner is a practising Advocate and on the basis of instructions given by the purchasers and the documents furnished to him with regard to the title of the properties, he has drafted three [3] sale deeds and affixed his signature on the said three [3] sale deeds as a person who drafted the sale deeds. He further submits that the petitioner has not participated in execution of the sale deed and he has not identified the executants and consenting family members of respondent No.2. He further submits that the case against accused No.6-Sub-Registrar - 4 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 has been quashed in Criminal Petition No.100128/2024 by the coordinate Bench of this Court on 12.02.2025. He further submits that the entire sale consideration amount has been credited to the Bank Account of respondent No.2. On these grounds he prayed for quashing the proceedings against the petitioners. 5. The learned Additional Government Advocate for respondent No.1 - State would submit that investigation is still in progress. The Investigation Officer who is present before this Court submits that, he is investigating two cases i.e., Crime No.237/2023 and the present Crime i.e., Crime No.241/2023 and submits that in view of absconding of persons who appeared impersonating respondent No.2 and his wife, he could not able to complete his investigation. 6. The learned counsel for the respondent No.2 contend that the matter requires investigation to ascertain the involvement of this petitioner-accused No.5 in commission of the offence as alleged. - 5 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 7. Having heard the learned counsels and the learned Additional Government Advocate, this Court has perused the complaint and other materials placed on record. 8. The accusation against the petitioner-accused No.5 in the complaint is that he drafted the sale deeds and committed the offences colluding with the other accused persons. On perusal of copy of the sale deed it indicates that the petitioner–accused No.5 is an Advocate who has drafted the sale deeds. The petitioner–accused No.5 has not participated in execution and registration of the sale deeds. He has not identified the wife of respondent No.2 and his son, consenting persons to the sale deeds. They have been identified by two witnesses. The petitioner- accused No.5 has not identified the purchasers or executor. The petitioner-accused No.5 has drafted the sale deeds based on the information and documents which are furnished to him. - 6 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 9. On perusal of the contents of the draft of the sale deeds, it is clear that there is no involvement of this petitioner-accused No.5 in impersonating the respondent No.2 and his wife at the time of executing the sale deeds in favour of other accused persons. Therefore, the proceedings against the petitioner-accused No.5 in Crime No.241/2023 are abuse of process of law. In the result, the following; ORDER i) The petition is allowed. ii) The proceedings in Crime No.241/2023 pending on the file of Principal Civil Judge [Junior Division] and JMFC, Chikkodi, registered by the Chikkodi Police Station insofar as the petitioner- accused No.5 is concerned for offences punishable under - 7 - NC: 2025:KHC-D:5828 CRL.P No. 103349 of 2023 Sections 465, 468, 471, 419, 420 and 149 of IPC are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 43