- 1 - NC: 2025:KHC-D:3350 CRL.P No. 103370 of 2022 C/W CRL.P No. 103609 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103370 OF 2022 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103609 OF 2022 IN CRL.P.103370 OF 2022: BETWEEN: 1. SRI. KAREPPA S/O YALLAPPA KARIKATTI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: KARIKATTI, TQ: SAUNDATTI, DIST: BELAGAVI-26. 2. SRI. ISHWAR S/O NAGAPPA YENAGI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KORIKOPP, TQ: BAILHONGAL, DIST: BELAGAVI-02. 3. SRI. NAGAPPA S/O ABANNA ANDANSHETTI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: DODWAD, TQ: BAILHONGAL, DIST: DHARWAD-04. 4. SRI. RAGHVENDRA S/O GANPATI KULKARINI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: HINDASGIRI, TQ: AND DIST: DHARWAD-01 … PETITIONERS (BY SRI. RAM P. GHORPADE, ADVOCATE) AND: 1. SMT. SHANTAWWA W/O VIRUPAXAPPA KABBUR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KARIKATTI, TQ: SAUNDATTI, DIST: BELAGAVI-26. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:32 +0530 - 2 - NC: 2025:KHC-D:3350 CRL.P No. 103370 of 2022 C/W CRL.P No. 103609 of 2022 2. THE STATE OF KARNATAKA, BY SAUNDATTI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING-11. … RESPONDENTS (BY SRI. B.S. KUKANAGOUDAR, ADVOCATE FOR R1; SRI. ASHOK T. KATTIMANI, AGA FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CRIMINAL PETITION BY QUASHING THE ENTIRE PROCEEDINGS IN C.C. NO.97/2016 AGAINST THE PETITIONERS/ACCUSED NO.2 (AMENDMENT AS PER ORDER DATED 25.11.2022 ACCUSED NO.2 WAS DIED ON 08.11.2022), 3, 5, 6 AND 7 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 420, 417, 419, 465, 468, 423 R/W 149 OF I.P.C., PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. COURT, SAUNDATTI, HAS PRESENTED THIS CRIMINAL PETITION AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.103609 OF 2022: BETWEEN: SHRI. SHIVAPPA S/O GURAPPA HUGAR, AGE: 62 YEARS, OCC: BUSINESS, R/O: KARIKATTI, TQ: SAUNDATTI, DIST: BELAGAVI-26. … PETITIONER (BY SMT. PALLAVI MOHAN PALEKAR, ADVOCATE) AND: 1. SMT. SHANTAWWA W/O VIRUPAXAPPA KABBUR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KARIKATTI, TQ: SAUNDATTI, DIST: BELAGAVI-26. 2. THE STATE OF KARNATAKA, BY SAUNDATTI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING-11. … RESPONDENTS (BY SRI. B.S. KUKANAGOUDAR, ADVOCATE FOR R1; SRI. ASHOK T. KATTIMANI, AGA FOR R2) - 3 - NC: 2025:KHC-D:3350 CRL.P No. 103370 of 2022 C/W CRL.P No. 103609 of 2022 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CRIMINAL PETITION BY QUASHING THE C.C.NO.97/2016 AGAINST THE PETITIONER/ACCUSED NO.4 FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC. 420, 417, 419, 465, 468, 423 R/W 149 OF I.P.C., AND CONSEQUENTLY QUASH THE PROCEEDINGS AGAINST THE PETITIONER WHICH IS PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. COURT, SAUNDATTI, HAS PRESENTED THIS CRIMINAL PETITION AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. 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. 3, 5, 6, and 7, who have been charge-sheeted for offences punishable under Sections 420, 417, 419, 465, 468, and 423 read with Section 149 of the Indian Penal Code, 1860, have filed Crl.P. No. 103370/2022, seeking to quash the criminal proceedings in C.C. No. 97/2016, pending before the Principal Civil Judge and JMFC, Saundatti. 2. Challenging the same proceedings in C.C. No. 97/2016, accused No. 4 has filed Crl.P. No. 103609/2022. 3. The prosecution alleges that one Muralidhar Venkatesh Kulkarni was the owner of land bearing R.S. No. 59/4, measuring 3 acres and 16 guntas. The ancestors of the complainant cultivated the land as tenants, and after the complainant’s husband passed away, the complainant has been cultivating the land as a tenant to date. The complainant submitted Form 7A for allotment of the said land. Although the original owner, - 4 - NC: 2025:KHC-D:3350 CRL.P No. 103370 of 2022 C/W CRL.P No. 103609 of 2022 Muralidhar Venkatesh Kulkarni, passed away on 04.03.2001, accused No. 1, impersonating the deceased owner, conveyed the land to accused No. 2 on 10.12.2010. Accused Nos. 3 and 4 were the attesting witnesses to the sale deed, while accused Nos. 5 to 7 allegedly conspired with accused No. 1 in transferring the property to accused No. 2. 4. Learned counsel for the petitioner has placed on record the death certificate of accused No. 4, reporting his death on 25.02.2023. Consequently, the petition in Crl.P. No. 103609/2022, filed by accused No. 4, is dismissed as abated. 5. Learned counsel for the petitioners submitted that accused Nos. 3 and 4 were merely attesting witnesses, and the only allegation against accused Nos. 5 to 7 is that they conspired with accused Nos. 1 and 2 to transfer the land to accused No. 2. In the absence of substantive evidence proving that petitioners/accused Nos. 5 to 7 connived with accused Nos. 1 and 2 to fraudulently transfer the land by impersonating the deceased owner, the continuation of criminal proceedings against the petitioners/accused Nos. 3 and 5 to 7 would be unwarranted. 6. Learned counsel for respondent No. 2 argued that the veracity of the allegations against accused Nos. 3 to 7 should be examined during trial and not at this stage. He, therefore, sought the dismissal of the petition. - 5 - NC: 2025:KHC-D:3350 CRL.P No. 103370 of 2022 C/W CRL.P No. 103609 of 2022 7. Learned Additional Government Advocate for respondent No. 1-State reiterated the submissions made by the learned counsel for respondent No. 2. 8. The arguments of the learned counsels have been duly considered. 9. A perusal of the charge sheet material indicates that the only allegation against accused Nos. 3 and 4 is that they were attesting witnesses to the sale deed, while the allegation against accused Nos. 5 to 7 is that they conspired with accused Nos. 1 and 2 to transfer the land to accused No. 2. However, accused Nos. 2 and 4 are reported to be deceased. There is no direct or indirect evidence to substantiate that accused Nos. 3 and 5 to 7 conspired with accused No. 1 in transferring the property to accused No. 2 by impersonating the deceased owner. Merely being attesting witnesses to the sale deed does not make accused Nos. 3 and 4 liable for prosecution unless it is established that they actively conspired with accused Nos. 1 and 2 in the transaction. 10. The Apex Court, in M. L. Abdul Jabbar Sahib vs. H. V. Venkata Sastri & Sons & Ors., has held that an attesting witness need not be privy to the contents of a document unless they are signing it in an additional capacity. Therefore, accused Nos. 3 and 4 were under no obligation to verify the identity of accused No. 1. 11. In light of the foregoing discussion, I am of the view that the continuation of criminal proceedings against accused Nos. 3 and 5 to 7 would amount to an abuse of the process of law, as - 6 - NC: 2025:KHC-D:3350 CRL.P No. 103370 of 2022 C/W CRL.P No. 103609 of 2022 there is no corroborative evidence to substantiate that they conspired with accused Nos. 1 and 2. Hence, I pass the following order: ORDER i) Crl. P. No.103609/2022 is dismissed as abated. ii) Crl. P. No.103370/2022 is allowed. The criminal proceedings in C.C. No.97/2016 pending on the file of the Principal Civil Judge and JMFC, Saundatti, insofar as it relates to petitioners/accused Nos.3, 5, 6 & 7, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK LIST NO.: 1 SL NO.: 62