- 1 - HC-KAR NC: 2025:KHC:33471 CRL.P No. 10788 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10788 OF 2024 BETWEEN: SRI. PRABHAKAR REDDY.R S/O LATE RAMA REDDY.N AGED ABOUT 54 YEARS, RA/T MYLASANDRA VILLAGE, BEGUR HOBLI, BEGUR POST, BANGALORE - 560 100. …PETITIONER (BY SMT. RAJESHWARI M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION, REP BY: STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. SRI. JITENDRA KUMAR S/O SIDDAPPA.P, AGED ABOUT 35 YEARS, R/AT NO.67/1, VISHWAKALYANI NIALYA, BETTA DASAPURA VILLAGE, BEGUR HOBLI, BANGALORE - 560 114. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.463/2016/CC.NO.5057/2018 IN CR.NO.463/2016 Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33471 CRL.P No. 10788 of 2024 PENDING ON THE FILE OF CJM RURAL COURT, BANGALORE, FOR THE OFFENCE P/U/S 363, 417, 386, 120(B) R/W 34 OF IPC LODGED BY THE ELECTRONIC CITY POLICE, PENDING ON THE FILE OF CJM, BANGALORE RURAL COURT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking quashing of the proceedings pending in CC No. 5057/2018 for the offences punishable under Section 363, 417, 386, 120B read with Section 34 of IPC. 2. The gist of the prosecution case is that respondent No. 2 was allegedly taken by force to the office of the Sub-Registrar and compelled to execute a sale deed in favour of accused No. 1, in collusion with the other accused persons. It is the specific case of the complainant that he was kidnapped and under duress made to sign the said document. Based on the complaint so lodged, investigation was taken up and, after completion thereof, a charge sheet has been filed against the accused persons. - 3 - HC-KAR NC: 2025:KHC:33471 CRL.P No. 10788 of 2024 Aggrieved by the continuation of proceedings, the present petitioner has approached this Court invoking its inherent jurisdiction. 3. Learned counsel appearing for the petitioner has drawn the attention of this Court to an endorsement issued by the jurisdictional Sub-Registrar before whom the disputed sale deed was registered. According to him, the endorsement categorically records that the registration proceedings were carried out in accordance with law and that no irregularities or illegalities occurred at the time of execution and registration of the document. It is, therefore, the submission of learned counsel that such an official endorsement, emanating from a statutory authority, goes to the root of the matter and completely demolishes the substratum of the prosecution case. He would urge that, in view of this unimpeachable document, the continuation of criminal proceedings against the petitioner would be an exercise in futility, as the same cannot culminate in conviction. - 4 - HC-KAR NC: 2025:KHC:33471 CRL.P No. 10788 of 2024 4. This Court has carefully considered the said contention. The attempt on the part of the petitioner is essentially to rely upon certain material collected during the course of investigation, which, according to him, militates against the allegations levelled in the complaint. At this stage, however, this Court is not persuaded to accept such reliance as a ground to exercise inherent powers for quashing. Whether the endorsement issued by the Sub-Registrar carries evidentiary value sufficient to nullify the complainant’s version, is a matter which necessarily falls within the province of the trial Court and can only be appreciated after evidence is led and tested in accordance with law. 5. Therefore, without expressing any opinion on the merits of the rival contentions, this Court is of the considered view that the petitioner has an efficacious remedy to place reliance on the said material at the appropriate stage before the trial Court, more particularly by invoking Section 227 of the Code of Criminal Procedure. - 5 - HC-KAR NC: 2025:KHC:33471 CRL.P No. 10788 of 2024 Reserving such liberty to the petitioner, the present petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 4