- 1 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.10155 OF 2025 BETWEEN: SRI. RAGHAVENDRA N S/O NARAYANASWAMY, AGED ABOUT 28 YEARS, R/AT. NAGARAGERE VILLAGE AND HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DIST - 561 228. WORKING AS, VILLAGE ADMINISTRATE OFFICER, ALLIPURA REVINUE CIRCLE, THONDEBHAVI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DIST - 561 213. …PETITIONER (BY SRI. MANJUNATHA A C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANCHENAHALLI POLICE STATION, MANCHENAHALLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 211. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. MAHESHA S PATRI AGED ABOUT 35 YEARS, TAHASILDAR, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 GOWRIBIDANUR TALUK, GOWRIBIDANUR TOWN, CHIKKABALLAPURA DISTRICT - 561 208. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.268/2025(CRIME NO.138/2023), PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C COURT AT GOWRIBIDANUR, CHIKKABALLAPURA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 197, 198, 205, 419, 420, 464, 465, 468, 471 READ WITH 34 OF THE INDIAN PENAL CODE, REGISTERED BY THE 1ST RESPONDENT MANCHENAHALLI POLICE STATION VIDE ANNEXURE -A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner, arrayed as accused No.8, is working as the Village Administrative Officer of Allipura. He has approached this Court seeking quashing of the criminal proceedings pending in C.C.No.268/2025, arising out of Crime No.138/2023, for offences punishable under Sections 197, 198, 205, 419, 420, 464, 465, 468, 471 read with Section 34 of IPC, which is now pending on the - 3 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 file of the learned Senior Civil Judge and JMFC, Gowribidanur, Chikkaballapura District. 2. The allegation against the petitioner is that he, in collusion with other accused persons, facilitated the issuance of a Birth Certificate within a day, in order to enable accused No.5, who is facing prosecution under the provisions of the POCSO Act, to use the same in his defence. It is alleged that the Birth Certificate was generated in undue haste, without proper verification of records, and with an oblique motive to aid accused No.5 in evading the consequences of a serious criminal prosecution. 3. The specific case of the prosecution is that the petitioner, acting in his official capacity as Village Administrative Officer, failed in his duty of due verification and by acceding to the request of certain officials, approved the issuance of a Birth Certificate that was intended to be pressed into service in criminal proceedings - 4 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 involving offences under the POCSO Act. The said document, according to the prosecution, is a fabricated and fraudulent record, brought into existence to dilute the case registered against accused No.5 for heinous offences. 4. The petitioner, on the other hand, has contended that his name did not find mention in the FIR and that he had no role in the preparation or issuance of the Birth Certificate. He has further urged that his login ID was never used for final approval of the said certificate and, therefore, he cannot be made liable for the acts of other officials who may have been responsible for generating the document. 5. On consideration of the charge sheet materials, this Court finds that the Birth Certificate in question is a crucial document, allegedly brought into existence by collusion between private individuals and revenue authorities, with the specific object of enabling accused No.5 to contest the prosecution in Crime No.85/2023 - 5 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 registered for the offences punishable under Sections 366, 376(2)(n) of IPC and Sections 5(j)(iii) and 6 of the POCSO Act. The records prima facie disclose that the Birth Certificate was generated in undue haste, without adherence to the statutory procedure, and intended to influence the course of trial in a serious offence involving a minor victim. The contention of the petitioner that his name is not reflected in the FIR or that his login credentials were not used for final approval cannot, at this stage, be accepted. Whether or not the petitioner had any direct role in approving the issuance of the certificate is a matter to be established during the course of a full-fledged trial on appreciation of evidence. 6. This Court is mindful of the fact that quashing jurisdiction is to be exercised sparingly and only in cases where the allegations on the face of the charge sheet do not disclose any offence. In the present case, the materials placed along with the charge sheet prima facie disclose active involvement of revenue officials, including - 6 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 the petitioner, in facilitating the generation of a fraudulent Birth Certificate. The act of creating or facilitating creation of official records at the behest of private parties, in violation of due procedure, is a serious matter and cannot be lightly brushed aside, especially when such records are sought to be used in criminal proceedings relating to a heinous offence under the POCSO Act. 7. In view of the above discussion, this Court is of the opinion that the contentions urged by the petitioner involve disputed questions of fact which cannot be adjudicated in a petition under Section 482 of Cr.P.C. The veracity of the petitioner’s defence, namely, that his login ID was not used or that he was not the competent authority, can only be examined during trial on the basis of oral and documentary evidence. 8. Without expressing any opinion on the merits of the case, this Court holds that no ground is made out for quashing the proceedings at this stage. - 7 - HC-KAR NC: 2025:KHC:31924 CRL.P No. 10155 of 2025 Accordingly, the petition stands dismissed. In view of the dismissal of the petition, I.A.No.1/2025 does not survive for consideration and the same is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 36