- 1 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4326 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. CHANDRAMOULESHWARA SHIVACHARYA SWAMIGALU, MATHADHIPATHI OF SRI. RAMALINGESHWARA MUTT, AGED 56 YEARS, HARNAHALLI, SHIVAMOGGA TQ AND DIST. CAMP AT NO.92/10, 12TH C MAIN, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560010. 2. H.R. VISHWANATH, S/O LATE PATEL RUDREGOWDA, AGED 70 YEARS, R/AT NO. 92/10, 12TH C MAIN, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560010. …PETITIONERS (BY SRI.NATARAJU.J, ADVOCATE) AND: 1. SRI. RAMACHANDRA SWAMY S/O NATARAJAN AGED 67 YEARS, R/AT NO.23, 3RD CROSS, HILSIDE MEDOWS, NEAR SAMBRAM COLLEGE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 VIDYARANYAPURA BENGALURU - 560097. 2. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, UPPARPET POLICE STATION, BENGALURU REP. BY SPP, HIGH COURT BUILDING, BENGALURU - 560001. 3. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, COTTONPET POLICE STATION, BENGALURU, REP BY SPP, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENTS (BY SRI.B.S.NATARAJA, ADVOCATE FOR R1; SMT.N.ANITHA GIRISH, HCGP FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET FILED BY 3RD RESPONDENT COTTONPET POLICE ARISING OUT OF FIR IN CRIME NO.150/2018 FILED BY 2ND RESPONDENT UPPARPET POLICE FOR THE OFFENCE P/U/S 416, 417, 418, 449, 420, 465, 466, 468, 471, 120(B) R/W 34 OF IPC AND ENTIRE PROCEEDINGS IN C.C.NO.1873/2020 ON THE FILE OF V ACMM, BENGALURU. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 ORAL ORDER In this petition filed under Section 482 of the Code of Criminal Procedure, petitioners who are arraigned as accused Nos.1 and 2 are seeking quashing of criminal proceedings initiated against them in C.C.No.1873/2020 for the offences punishable under Sections 416, 417, 418, 449, 420, 465, 466, 468, 471, 120-B r/w Section 34 IPC (arising out of Cr.No.150/2018 of respondentNo.2 Upparpete PS). 2. For the sake of convenience the parties are referred to by their rank before the trial Court. 3. In support of the petition, accused Nos.1 and 2 have contended that defacto complainant has filed PCR.No.7869/2018 before the V ACMM Court, Bengaluru, alleging that accused No.1 has impersonated as Chandramouleshwara Shivacharaya Swamiji of Ramalingeshwar Math ('original pontiff' for short) and accused No.2 is helping him in impersonating as the original pontiff and to claim the property of the - 4 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 Ramalingeshwar Math. The correct name of respondent No.1 who has filed the complaint is Ramachandran Sami, hailing from Tamil Nadu. He was a Maison by profession under one R.S.Gowda, a civil contractor. In O.S.No.4386/2015, filed by him against the Railways, his correct name is given. The said suit came to be dismissed for default on 15.02.2021. 3.1 Sri.Ramalingeshwar Math was established during 15th Century pursuant to the institution of an endowment by the King of Keladi. Accused No.1 Sri.Chandramouleshwarachar Swamiji is the present pontiff of the Math. Even though there was some issues regarding Mathadipathi of the said Math, they were resolved and accused No.1 was appointed as pontiff of the said Math. 3.2 Vide order dated 22.12.2004, the Government has appointed accused No.1 as Mathadipathi. Property bearing Sy.No.18 of Hanumanthapura village, now called as Gandhinagar (majestic) BBMP No.13/2, 6th Cross, - 5 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 Gandhinagar measuring 150 x 44 yards was gifted by Mathadipathi of Thippashetty Math to Ramalingeshwar Math for construction of buffalo shed of the Math therein. When BBMP attempted to interfere, accused No.1 filed suit for injunction and it was decreed. Since then he is in possession and enjoyment of the said property without interruption. When South Western Railways attempted to interfere, accused No.1 filed complaint and also O.S.No.2251/2018 against the railway authorities and secured injunction, after which there is no interference by the Railways. 3.3 When defacto complainant along with rowdy elements gave threat to accused No.1, he filed complaint before respondent No.2 Police. Since they did not take any action, he filed PCR.No.5641/2018. It was referred to the respondent No.1 Police and registered in Cr.No.122/2018. After completing the investigation, charge sheet is filed in C.C.No.29908/2018. - 6 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 3.4 As a counter blast, respondent No.1/defacto complainant filed PCR.No.7869/2018. It was registered in Cr.No.150/2018. In respect of the same respondent No.3 Police have filed charge sheet in C.C.No.1873/2020 for the offences punishable under Section 416, 417, 418, 449, 420, 465, 466, 468, 471, 120-B r/w Section 34 IPC. Aggrieved by the same, accused Nos.1 and 2 have filed this petition on the following: GROUNDS (i) The very entertaining, registration of the complaint and taking cognizance is illegal and unsustainable. In the complaint, respondent No.1/defacto complainant has stated that the Sarvadikari Shivayogeshwara Shivacharya Mahaswamy and its Managing Trustee Sri.Gangadhara Prasad C has jointly executed GPA dated 02.12.1998 in favour of one Pradeep Diwan and handed over possession of the schedule property by receiving valid consideration. However, in - 7 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 W.P.No.3596/1997 vide order dated 15.09.1999, this Hon'ble Court has passed orders against him. (ii) In O.S.No.4387/2015, the name of plaintiff was mentioned as Ramachandran Sami, S/o Nararajan. The said suit came to be dismissed for default on 15.02.2021. (iii) The question of impersonate does not arise, since accused No.1 is the Mathadipathi of Ramalingeshwara Math. He has filed several writ petitions, appeals, suits, applications and fighting for the cause of Math properties. Respondent No.1/defacto complainant is trying to knock off the properties of Math under the guise of GPA as per the order in W.P.No.35968/1997 dated 15.09.1999. As a counterblast to the Charge sheet in CC No.29908/2018 the present complaint is filed. In the light of the same, the proceeding against the accused No.1 is liable to the quashed and hence the petition. - 8 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 4. On the other hand learned counsel representing respondent No.1/De facto Complainant would submits that the real name of accused No.1 is D M Shivakumara Swami. As on the date of filing complaint he was aged 44 years. His mother's name is Rudramma. Sri.Sha Bra Sri.Chandramouleshwar Shivacharya Swamiji was the pontiff of Shri Ramalingeshwar Math, Haranahalli Shivamogga. He died on 28.09.2014 at the age of 84 years 2 months, while taking treatment at Sahayadri Narayana Multi-specialty Hospital, Shivamogga. Accused No.1 Shivakumar was driver of original Pontiff. Since accused No.1 impersonated himself as original pontiff and on other allegations, respondent No.1/defacto complainant filed PCR No.7869/2018. After conducting detailed investigation charge sheet is filed against him and accused No.2 who is a practicing advocate representing accused No.1. 5. As against the order in LAC No.51/2014, accused No.1 filed MFA No.4436/2021. On the directions of the Hon'ble Division Bench of this Court S.P, Shivamogga - 9 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 submitted enquiry report stating that the original pontiff has died on 28.09.2014 and accused No.1 is impersonating the original pontiff. Instead of arguing the matter, accused No.1 withdrew MFA No.4436/2021. During the course of the proceedings, the Hon'ble Division Bench also observed that the age of the person, who is present before the Court claiming to be the claimant No.7/appellant (Sri.Chandramouleshwar Shivacharya Swamiji), who filed the MFA.No.4436/2021 does not tally with the age noted in the record. Instead of getting the matter disposed of on merits, accused No.1 withdrew MFA.No.4436/2021. However, the Hon'ble Division Bench directed Bar Council to take action against accused No.2. 6. In W.P.No.58487/2015 and connected matters, the Co-ordinate Bench of this Court observed the fact of accused No.1 impersonating the original pontiff and failing to disclose the proceedings in MFA.No.4436/2021 were noted. Against the said order, accused No.1 filed W.A.No.614/2024, which not only came to be dismissed on - 10 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 19.12.2024, but also cost of Rs.50,000/- was imposed. A direction was also issued to the trial Court to dispose of C.C.No.1873/2023 (arising out of Cr.No.150/2018) within a period of six months from the date of receipt of the copy. Accused have claimed that they have challenged the order in W.A.No.614/2024 in SLP No.019794/2025. However, no interim order is issued. Concealing the fact of direction given in W.A.No.614/2024, in the present petition accused Nos.1 and 2 have secured stay of further proceedings. 7. Even though the original pontiff died on 28.09.2014, accused No.1 is impersonating him and meddling with the properties of the Math. Accused No.2 is assisting him in this pursuit. 8. Heard arguments and perused the record. 9. Respondent No.1/defacto complainant filed a private complaint in PCR.No.7869/2018 alleging that the original pontiff has executed a GPA in respect of land in Sy.No.18, situated in 6th Cross, Gandhinagar, Bengaluru, - 11 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 belonging to the Ramalingeshwara Math on 02.12.1998 in favour of one Pradeep Diwan and respondent No.1/defacto complainant. However, accused No.1 impersonating as the original pontiff and with the assistance of accused No.2 have created false documents and on the basis of it filing several proceedings. Even though the original pontiff died on 28.09.2014, accused No.1 still claiming to be the original pontiff and filing proceedings. Accused No.2 is assisting him. 10. The said complaint was referred to Upparpete PS and it was registered in Cr.No.150/2018. It appears since already, the Upparpete PS had investigated the complaint in Cr.No.122/2018, based on the complaint filed by accused No.1, the ACP directed investigation of Cr.No.150/2018 to Cottonpet PS. After due investigation, Cottonpet PS have filed charge sheet against accused Nos.1 and 2, alleging that accused No.1 is B.M.Shivakumara Swamy, S/o H.M.Basavaiah. His mother's name is Rudramma. Even though the original pontiff of - 12 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 Ramalingeshwar Math died on 28.09.2014, accused Nos.1 and 2 with the intention of knocking off the properties belonging to the Math more particularly, Sy.No.18, situated in 6th Cross, Gandhinagar, Bengaluru, accused No.1 claimed himself to be the original pontiff and utilizing the original signature of the original pontiff in GPA executed in favour of one Veeranarayana Reddy and got registered a trust deed No.315/2013-14. Accused No.2 is assisting accused No.1 in his endeavour to knock off the property belonging to the Ramalingeshwara Math and thereby committed offences punishable under Sections 416, 417, 418, 449, 420, 465, 466, 468, 471, 120-B r/w Section 34 IPC. 11. From the material placed on record, it is the specific case of the prosecution that accused No.1 is B.M.Shivakumara Swamy. His parents are H.M.Basavaiah and Rudramma. He is aged 44 years. The original pontiff of Ramalingeshwara Math was Sri.Sha Bra Chandramouleshwar Shivacharya Swamiji. He died on - 13 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 28.09.2014 at the ripe age of 84 years 2 months. His original signature is available in registered GPA. Making use of the same, accused Nos.1 and 2 have created a trust deed by accused No.1 impersonating as the original pontiff. The investigation reveal that on the death of original pontiff, it was registered on 09.10.2014 and the place of death is Sahayadri Narayana Hrydalaya a multi-speciality hospital. His parents name is noted as Shanthamma and Veeraiah. In the medical records, his aged is noted as 84 years 2 months. 12. During the investigation the investigating officer has addressed a letter to Secretary, Circle Rural Development, Multipurpose Co-operative Society, Haranahalli, Shivamogga Taluk, Shivamogga, stating that accused No.1 D.M.Shivakumaraswamy, S/o H.M.Basavaiah, is issued with share Khata No.583/2005 and identity card by the Society and details may be furnished. In turn the Society has confirmed that the identity card is issued to accused No.1 D.M.Shivakumaraswamy, S/o H.M.Basavaiah - 14 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 and he became member during 2007-2008 and he is holding share Khata No.583/2005. 13. The investigation officer has also collected information with regard to the election ID card of accused No.1. The sub-divisional Magistrate, Shivamogga sub- division being the registering authority of election card has issued information that in the election ID card, accused No.1 has given his name as Shri (Sha bra) Sri.Chandramouleshwarachar Swamiji and his mothers name is noted as Rudramma and the polling date is 23.04.2019, whereas according to the prosecution original pontiff died 28.09.2014. 14. During the investigation the investigation officer also collected information regarding the registered trust deed No.315/2013-14 said to have been executed by accused No.1 by impersonating as original pontiff and others and also GPA No.56/12-13, executed by the original pontiff. In the trust deed dated 21.01.2014, the age of - 15 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 accused No.1 is stated as 46 years and accused No.2 is the one of the trustee. The photographs of accused No.1 in trust deed clearly differs from the photograph of original pontiff found in the LTM registered with regard to document executed by the Senior pontiff on 16.05.2012. The LTM as well as signatures of original pontiff and accused No.1 differ. 15. The investigation officer have also collected the information that after the death of original pontiff his Gadduge is established. 16. During the course of his statement, CW-2 Shivayogi Shivacharya, who is the present pontiff of Ramalingeshwar Matt has stated that during the lifetime of the original pontiff, 8 persons staked claim to the pontiffship of Ramalingeshwar Matt and in this regard O.S.No.811/2009 is pending on the file of Shivamogga Court and judgment is awaited. The original pontiff died during 2014 at Narayana Hridayala, Shivamogga. CW-4 Danesh is the Head Master of Sri.Kumbeshwara Aided - 16 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 Higher Primary School run by the Ramalingeshwar Matt. He has stated that he has seen the original pontiff Sri.Chandramouleshwara Shivacharya Swamiji. In Konandur Matt, which is a branch of Ramalingeshwar Matt, the Senior pontiff was referred to as Shivaling Shivacharya Swamiji. At present as per the will of Senior pontiff, Sri.Vishwaradhya Shivacharya Swamiji is taking care of Ramalingeshwar Matt. CW-5 Smt.Bhagyavathi, is the teacher working at the said school and she has also spoken to about the Senior pontiff and his death and thereafter accused No.1 trying to impersonate as original pontiff. 17. It is pertinent to note that as per the investigation and charge sheet the name of the accused No.1 is D.M.Shivakumaraswamy, S/o H.M.Basavaiah. His mothers name is Rudramma. Therefore, in the charge sheet he ought to have been referred to as D.M.Shivakumaraswamy, S/o H.M.Basavaiah alias Sri.Chandramouleshwar Shivacharya Swamiji. It appears the investigation officer is not diligent enough to note this - 17 - HC-KAR NC: 2025:KHC:37612 CRL.P No. 4326 of 2023 fact in column No.4 of the charge sheet. Therefore while framing charge is necessary for the trial Court to refer accused No.1 as D.M.Shivakumaraswamy, S/o H.M.Basavaiah alias Sri.Chandramouleshwar Shivacharya Swamiji. If already charge is framed the learned magistrate is directed to correct the name of accused No.1 by including D.M.Shivakumaraswamy, S/o H.M.Basavaiah alias. 18. In the result petition fails and accordingly the following: ORDER (i) Petition filed by petitioners/accused Nos.1 and 2 under Section 482 Cr.P.C is here by rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 43