RAMESH A.K @ RAMESH KUMAR v. THE STATE OF KARNATAKA BY
CRL.P/5114/2025 · 2025-09-11
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90064 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90064 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36030 CRL.P No. 5114 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 5114 OF 2025 BETWEEN:
1. RAMESH A.K @ RAMESH KUMAR S/O. A. KRISHNAPPA AGED ABOUT 56 YEARS R/AT. R.R. REGENCY IDEAL HOME NO.498, 3RD CROSS, 9TH MAIN RAJARAJESHWARI NAGAR BENGALURU - 560 098. 2. SMT. GOWRAMMA W/O. LATE RAMAIAH AGED ABOUT 70 YEARS R/AT. R.R. REGENCY IDEAL HOME NO.14, 3RD CROSS, 9TH MAIN RAJARAJESHWARI NAGAR BENGALURU - 560 098. 3. SMT. RAJALAKSHMI W/O. A.K. RAMESH KUMAR AGED ABOUT 48 YEARS NO.428/A, 3RD CROSS 9TH MAIN, IDEAL HOME LAYOUT HALAGEVADERAHALLI RAJARAJESHWARI NAGAR BENGALURU - 560 098. 4. RAJA .K.
S/O. KRISHNAPPA AGED ABOUT 38 YEARS R/AT. NO.428/A, R.R. REGIENCY 3RD CROSS, 9TH MAIN ROAD
Digitally signed by SWAPNA V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36030 CRL.P No. 5114 of 2025
IDEAL HOME LAYOUT R.R. NAGAR BENGALURU - 560 098. 5. GANESH KUMAR S/O. A.K. RAMESH KUMAR AGED ABOUT 37 YEARS R/AT. NO.428/A, 3RD STREET 9TH MAIN ROAD IDEAL HOME LAYOUT R.R. NAGAR BENGALURU - 560 098. 6. PRABHU KUMAR @ PRABHU S/O. A.K. RAMESH KUMAR AGED ABOUT 35 YEARS R/AT. NO.428/A, R.R. REGIENCY 3RD CROSS, 9TH MAIN ROAD IDEAL HOME LAYOUT R.R. NAGAR BENGALURU - 560 098. 7. SMT. VEENA D/O. RAMESH KUMAR. A.K AGED ABOUT 34 YEARS R/AT. NO. 428/A III CROSS, 9TH MAIN ROAD IDEAL HOME LAYOUT HALAGEVADERAHALLI R.R. NAGAR BENGALURU - 560098. …PETITIONERS (BY SRI: VENKATESHA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY HALASURU POLICE STATION BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR
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HC-KAR NC: 2025:KHC:36030 CRL.P No. 5114 of 2025
HIGH COURT COMPLEX BENGALURU - 560 001. 2. SRI. KRISHNA MURTHY S/O. LATE. BHAKTAVATSALAM NAIDU AGE 44 YEARS, R/AT NO.28 ASHARKHANNA STREET KAMARAJA ROAD BHARATHI NAGAR SHIVAN CHETTY GARDEN BENGALURU - 560042 …RESPONDENTS (BY SRI: ANOOP KUMAR, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.60519/2023, CR.NO.169/2019 WAS REGISTERED BY HALASURU POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE U/S 420, 465, 468, 471, R/W SECTION 34 OF IPC AGAINST THE PETITIONERS HEREIN. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR.
JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This captioned petition is filed by accused Nos.2 to 8 seeking quashing of the proceedings pending in CC No.60519 of 2023 for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of IPC. 2. The case set up by the prosecution is that the second respondent–complainant had entered into an agreement
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HC-KAR NC: 2025:KHC:36030 CRL.P No. 5114 of 2025
of sale with the present petitioners in respect of the disputed property. According to the prosecution, the petitioners offered to sell the said property to the second respondent for a total sale consideration of 6,50,00,000/- under an agreement dated 19.11.2018. It is the allegation of the second respondent that, with a view to defeat and circumvent the said agreement, the petitioners, in collusion with accused No.1, fabricated a General Power of Attorney purportedly executed by the complainant. On the strength of this allegedly forged document, the original agreement of sale dated 19.11.2018 is stated to have been cancelled through another document styled as a “Cancellation of Agreement to Sell,” dated 16.03.2019. 3. The complainant has categorically denied having executed either the said General Power of Attorney or the document cancelling the agreement of sale. He contends that accused No.1, in collusion with accused Nos.2 to 8, created the GPA and procured the cancellation deed, thereby causing serious prejudice to his right to enforce the original agreement of sale dated 19.11.2018. - 5 -
HC-KAR NC: 2025:KHC:36030 CRL.P No. 5114 of 2025
4. In the backdrop of these allegations, the Investigating Officer conducted a detailed investigation and, upon completion, submitted a charge sheet against the accused persons. The charge sheet materials reveal that the Investigating Officer has obtained an expert opinion, and the report of the Forensic Science Laboratory (FSL) forms part of the record. 5. Having regard to these materials, this Court is of the opinion that there are prima facie grounds to proceed against the petitioners. The contentions raised on their behalf touch upon disputed questions of fact which cannot be adjudicated in a petition under Section 482 of the Code of Criminal Procedure. 6. In view of the foregoing discussion, this Court finds no merit in the petition.
The prosecution has placed on record sufficient material to require the petitioners to face trial. This is, therefore, not a fit case for exercise of inherent jurisdiction to quash the proceedings. - 6 -
HC-KAR NC: 2025:KHC:36030 CRL.P No. 5114 of 2025
Accordingly, the petition, being devoid of merit, stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
*bgn/- CT:VS List No.: 1 Sl No.: 20