- 1 - NC: 2025:KHC-D:596 CRL.P No. 101283 of 2022 C/W CRL.P No. 103264 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101283 OF 2022 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103264 OF 2022 IN CRL.P.NO.101283 OF 2022: BETWEEN: 1. SMT. SAILA AGE. 32 YEARS, OCC. VILLAGE ACCOUNTANT, R/O. KALAL BANDI CIRCLE, CHALAGIRI, TQ. KUSHTAGI, DIST. KOPPAL-583277. 2. SRI. R.L.MUSTAFA AGE. 48 YEARS, OCC. REVENUE INSPECTOR, HANAMSAGAR CIRCLE, HANAMSAGAR, TQ. KUSHTAGI, DIST. KOPPAL-583277. …PETITIONERS (BY SRI. S.M. KALWAD AND SRI.JAYANT KAMBALI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP. BY PSI, TOWN POLICE STATION, KUSHTAGI, THROUGH ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. VENKOB RAO S/O. GUNDE RAO KULKARNI AGE. 83 YEARS, OCC. PENSIONER AND AGRICULTURE, R/O. KALALBANDI, TQ. KUSHTAGI, DIST. KOPPAL-583277. 3. SRI. V. BADARINARAYAN S/O. VENKOB RAO KULKARNI, AGE. 51 YEARS, R/O. CHIKAGO U.S.A, THROUGH GPA VENKOB RAO B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:43 +0530 - 2 - NC: 2025:KHC-D:596 CRL.P No. 101283 of 2022 C/W CRL.P No. 103264 of 2022 S/O. GUNDE RAO KULKARNI, R/O. KALALBANDI, TQ. KUSHTAGI, DIST. KOPPAL-583177. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE FOR R1) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ORDER OF TAKING COGNIZANCE DATED 10.02.2016 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, KUSHTAGI IN CC NO.61/2016 FOR THE OFFENCE PUNISHABLE FOR THE OFFENCE PUNISHABLE U/SEC. 197, 420, 463, 464, 465, 467, 468, 470, 471, R/W 34 OF IPC, IN SO FAR AS PETITIONER (A2 AND A3) ARE CONCERNED. IN CRL.P.NO.103264 OF 2022: BETWEEN: SRI. VIJENDRA RAO S/O. PRANESH RAO KULKARNI AGE. 36 YEARS, OCC. AGRI. AND COOK, R/O. KALALBANDI, TQ. KUSHTAGI, DIST. KOPPAL-583277. …PETITIONER (BY SRI. K.H.BAGI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, DHARWAD BENCH, DHARWAD-580011, THROUGH PSI KUSHTAGI PS. 2. SRI. VENKOB RAO S/O. GUNDE RAO KULKARNI AGE. 80 YEARS, OCC. RETIRED PERSON, R/O. KALALBANDI, TQ. KUSHTAGI, DIST. KOPPAL-583277. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE CHARGE SHEET IN CC NO.61/2016 (KUSHTAGI P.S. CRIME NO.154/2014) FOR OFFENCE U/S 197, 420, 463, 465, 467, 468, 470, 471 AND R/W SECTION 34 OF IPC DATED 01.08.2015 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC - 3 - NC: 2025:KHC-D:596 CRL.P No. 101283 of 2022 C/W CRL.P No. 103264 of 2022 KUSHTAGI IN SO FOR AS PETITIONER IS CONCERNED, BY ALLOWING THIS PETITION AND QUASH THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, KUSHTAGI IN CC NO.61/2016 FOR TAKING COGNIZANCE AGAINST THE PETITIONER/ACCUSED NO.1 FOR THE OFFENCE U/S 197, 420, 463, 465, 467, 468, 470, 471 AND R/W SECTION 34 OF IPC AND ISSUANCE OF PROCESS TO ACCUSED NO.1 IS CONCERNED DATED 10.02.2016, BY ALLOWING THIS PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners–accused Nos.1 to 3 are being prosecuted for offences punishable under Sections 120B, 197, 420, 463, 464, 465, 467, 468, 470, and 471 read with Section 34 of the Indian Penal Code (IPC). 2. The prosecution alleges that accused No.1, who is the complainant’s distant collateral brother, habitually usurps property belonging to others by creating false documents. It is alleged that accused No.1 and his father, taking undue advantage of the complainant’s absence while residing in the United States, swore a false affidavit stating that both complainants were deceased and had left no heirs, thereby claiming that accused No.1 was the sole legal heir. They allegedly created a false genealogy, which led to the mutation of the property records in favor of accused No.1 by deleting the complainants’ names, despite knowing they were alive. It is further alleged that accused Nos.2 and 3 colluded with accused No.1 to effect these changes in the revenue records. - 4 - NC: 2025:KHC-D:596 CRL.P No. 101283 of 2022 C/W CRL.P No. 103264 of 2022 3. The service report indicates that respondent No.2, Venkob Rao, son of Gunde Rao Kulkarni, is deceased. A death certificate has been enclosed along with the service report. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1 – State. 5. The allegation against accused No.1 is that he created a false affidavit to establish himself as the sole legal heir, claiming the complainants were deceased. Accused Nos.2 and 3, who were working as Revenue Inspector and Village Accountant, respectively, are alleged to have colluded with accused No.1 by substituting his name in the revenue records after deleting the complainants’ names, even though they were alive. 6. The petitioners contend that before substituting accused No.1’s name in the revenue records, a 30-day notice was issued to the complainants on 10.02.2012, and the mutation entry was effected on 18.03.2012. Therefore, the substitution of the name of accused No.1 in the revenue records was in accordance with the provisions of the Karnataka Land Revenue Act and the rules framed thereunder. In the absence of any specific overt act against the petitioners to show that they colluded with accused No.1 in creating the false affidavit, and without the essential elements constituting the alleged offences, the continuation of criminal proceedings would amount to an abuse of process of law. - 5 - NC: 2025:KHC-D:596 CRL.P No. 101283 of 2022 C/W CRL.P No. 103264 of 2022 7. Additionally, the allegations against accused Nos.2 and 3 arise from acts performed in the course of discharging their official duties. Therefore, under Section 197 of the Code of Criminal Procedure (Cr.P.C.), prior sanction for prosecution ought to have been obtained before proceeding against the petitioners. 8. In light of the above, and given the lack of specific allegations or evidence implicating the petitioners in creating the false affidavit or colluding with accused No.1, as well as the absence of mandatory sanction under Section 197 of Cr.P.C., the continuation of criminal proceedings against the petitioners would be an abuse of process of law. Accordingly, I pass the following: ORDER i) The petitions stand allowed. ii) The impugned proceedings in CC No.61/2016 pending on the file of the learned Civil Judge and JMFC, Kushtagi insofar as it relates to the petitioners – accused No.1 to 3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 0