- 1 - HC-KAR NC: 2025:KHC:47841 CRL.P No. 8039 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.8039 OF 2025 BETWEEN: 1. MR. M.R. SHIVAKUMAR S/O. LATE RAMAIAH AGED ABOUT 62 YEARS OCCUPATION: ADVOCATE R/O CHINNAKOTE VILLAGE S.G. KOTE POST TALUKA: BANGARAPETE DISTRICT: KOLAR-563 162. …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: 1. MR. SUNIL KUMAR S/O YELLAPPA AGED ABOUT 43 YEARS R/O NO.2162, BHOVI NAGAR BANGARAPETE TOWN DISTRICT: KOLAR-563 114. 2. STATE OF KARNATAKA, REP. BY SUB-INSPECTOR OF POLICE BANGARAPETE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47841 CRL.P No. 8039 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 18.04.2024 TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 197, 199, 406, 200, 209, 419, 420, 466, 468, 471, 474, 477, 511 OF INDIAN PENAL CODE, 1860 AGAINST THE PETITIONER AND OTHER ACCUSED IN CRIMINAL CASE NO.1634/2024 BY THE LEARNED PRL. CIVIL JUDGE (JR.DN) J.M.F.C COURT, BANGARPET AND BY QUASHING THE CHARGE SHEET. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel appearing for the respective parties. 2. The main contention of the counsel appearing for the petitioner before this Court is that the charge sheet allegation in column No.17 against this petitioner who has been arrayed as accused No.3 is that he drafted the sale agreement and allegation against accused Nos.1 and 2 is that they made use of the said sale agreement. Hence, the very initiation of criminal proceedings against the advocate is nothing but an abuse of process. Thus, this Court has to exercise the discretion to quash the proceedings. - 3 - HC-KAR NC: 2025:KHC:47841 CRL.P No. 8039 of 2025 3. Per contra, the learned counsel appearing for respondent No.2 would vehemently contend that there are number of cases against accused No.1 and Section 120 of IPC is invoked against all the accused. When, criminal conspiracy is alleged in the charge sheet against the present petitioner who also indulged in creation of such document along with other accused, it is not a case for quashing of the proceedings. 4. The learned counsel appearing for the State also would submit that there are allegations against this petitioner, thus, it is not a case for quashing of the proceedings. 5. Having heard the learned counsel appearing for the respective parties and also on perusal of the material on record, it discloses that in column No.17 of the charge sheet, except allegation that this petitioner had drafted the sale agreement, nothing is alleged against him and even in the private complaint also, the allegation made against this petitioner is that he has drafted the sale agreement. Hence, it discloses that nothing whispered with regard to the criminal conspiracy is concerned against this petitioner. The criminal conspiracy is also proving of fact only by circumstantial - 4 - HC-KAR NC: 2025:KHC:47841 CRL.P No. 8039 of 2025 evidence and there is no such material available. Hence, the question of facing criminal case by this petitioner that too he prepared the sale agreement does not arise since no any substantial material that he had indulged in forging of document but specific allegation is made against accused Nos.1 and 2. When such being the case, it is a fit case to exercise the discretion to quash the proceedings against this petitioner/accused No.3 since, there is no sufficient material against him to face the criminal case trial. 6. In view of the discussions made above, I pass the following: ORDER The criminal petition is allowed. The proceedings against the present petitioner/accused No.3 is quashed. Sd/- (H.P.SANDESH) JUDGE SN List No.: 1 Sl No.: 69