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2025 DAILYLAW 6419 (KAR)

HANAMANT MAYAPPA MALALI v. THE STATE OF KARNATAKA

CRL.P/102472/2024 · 2025-01-13

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:490 CRL.P No. 102472 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.102472 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. HANAMANT MAYAPPA MALALI AGE. 54 YEARS, OCC. AGRICULTURE, R/O. GULAGANJIKOPPA, TQ. MUDALAGI, DIST. BELAGAVI-591312. 2. VITTAL HANAMANT MALALI AGE. 38 YEARS, OCC. AGRICULTURE, R/O. GULAGANJIKOPPA, TQ. MUDALAGI, DIST. BELAGAVI-591312. 3. SHRIKANT S/O BHIMAPPA ARENAD AGE. 45 YEARS, OCC. AGRICULTURE, R/O. GULAGANJIKOPPA, TQ. MUDALAGI, DIST. BELAGAVI-591312. …PETITIONERS (BY SRI. GANGADHAR S. HOSAKERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MUDALAGI , POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. PRATIBHA SADANANDA SHETTI AGE. 36 YEARS, OCC. BANK EMPLOYEE, R/O. STATE BANK OF INDIA MUDALAGI BRANCH, TQ. MUDALAGI, DIST. BELAGAVI-591312. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C 1973., PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.728/2021 PENDING ON THE FILE OF THE HON’BLE CIVIL JUDGE AND JMFC, MUDALGI FOR THE PUNISHABLE U/S 420, 468, 471, 472, 201, R/W SECTION 34 OF IPC, (IN CRIME NO.188/2020 MUDALGI P.S.) IN SO FAR AS THE PETITIONERS/ACCUSED NO.1 TO 3 ARE CONCERNED & ETC., Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:22 +0530 - 2 - NC: 2025:KHC-D:490 CRL.P No. 102472 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard learned counsel for the petitioners and the learned AGA for the respondents-State. 2. The petitioners have been chargesheeted for offences punishable under Sections 420, 468, 471, 472, 201 read with Section 34 of IPC. 3. The case of the prosecution is that accused No.1 obtained a loan from the second respondent by mortgaging the subject property and later created a reconveyance deed, falsely showing that the mortgaged property had been discharged, without closing the loan account. 4. The allegation of fabrication of documents discloses the commission of the offences alleged against the petitioners, and the veracity of the allegations can be examined during the trial, not at this stage. - 3 - NC: 2025:KHC-D:490 CRL.P No. 102472 of 2024 5. The petition stands dismissed accordingly. All the contentions raised are kept open to be urged before the trial court. Pending IAs also stand disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BVV LIST NO.: 1 SL NO.: 22