- 1 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 5515 OF 2020 BETWEEN: DR. RACHEGOWDA S/O. LATE NAGEGOWDA, AGED ABOUT 65 YEARS, NOW ADDRESS AT, HEAD OF THE DEPARTMENT, RADIO DIAGNOSIS, SRI. DEVARAJA URS MEDICAL COLLEGE, KOLAR - 563101 EARLIER ADDRESS AT - THE DIRECTOR MEDICAL SCIENCE ORGANIZATION, HASSAN …PETITIONER (BY SMT. VAIBHAVI, ADVOCATE) AND: 1. STATE OF KARNATAKA HASSAN CITY POLICE STATION, HASSAN - 573 201, REPRESENTED BY LEARNED, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001 2. SRI. C.V. MOHANRAJ, S/O. VENKATARAMU, AGED ABOUT 48 YEARS, R/AT CHOWDENAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201 …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP FOR R1 R2 - SD) Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ISSUE AN APPRAOPRIATE ORDER AND QUASH THE PROCEEDINGS IN P.C.R.NO.1079/2014 (CRIME NO.349/2014) ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, HASSAN INITIATED BY THE 1ST RESPONDENT HASSAN CITY POLICE STATION, HASSAN FOR AN ALLEGED OFFENCE P/U/S.417, 420, 426, 465, 468, 471, 474, 120-B R/W SEC.149 SO FAR AS THE PETITIONER IS CONCERNED AND IN ORDERING TO ISSUE SUMMONS TO THE PETITIONER AND OTHER DATED 04.01.2020 IN P.C.R.NO.1079/2014 PRODUCED AT ANNEXURE-A TO SECURE AND TO PREVENT ABUSE OF PROCESS OF COURT. THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner being accused No.6 in C.C.No.279 of 2020 pending on the file of the learned Principal Civil Judge and JMFC, Hassan (PCR.No.1079 of 2014), registered for the offences punishable under Sections 417, 420, 426, 465, 468, 471, 474 and 120-B read with Section 149 of the Indian Penal Code (for short, 'IPC'), is seeking to quash the criminal proceedings initiated against him. 2. Facts of the case in brief are that, respondent No.2 as complainant filed the complaint in PCR No.1079 of 2014 against - 3 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 the petitioner and others alleging commission of the offences as stated above. It is the specific contention of respondent No.2 that, accused No.1 who was working as Professor in the Department of Dermatology in Hassan Institute of Medical Sciences (HIMS), managed to get the fake service certificate with the help of other accused, for getting higher post. It is also contended that even though accused No.1 had never served as Assistant Professor in Sulya Medical College from 25.01.2001 till 21.02.2002, as Associate Professor from 22.02.2002 to 24.02.2006 and as Professor from 25.05.2006 to 30.06.2006, he managed to get such certificate from accused No.2. 3. It is alleged that the present petitioner who is arrayed as accused No.6 who was working as HOD and even though was capable of taking action against accused No.1 along with other accused, had not initiated any action and thereby committed the above mentioned offences. 4. On the basis of these allegations, the complaint came to be referred for investigation by the learned Magistrate to Hassan City Police. Accordingly, FIR in Crime No.349 of 2014 of Hassan City Police Station came to be registered. After investigation, the police filed B Report. The sworn statement of - 4 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 the complainant was recorded by the learned Magistrate. Based on the sworn statement and materials on record, the learned Magistrate took cognizance of the offence and registered criminal case in C.C.No.279 of 2020 and summoned the accused. Being aggrieved by the same, the petitioner / accused No.6 is before this Court. 5. Heard Smt.Vaibhavi, learned counsel for the petitioner and Sri Rangaswamy R., learned High Court Government Pleader for respondent No.1-State. Respondent No.2 though he was served with notice has remained unrepresented. Perused the materials on record. 6. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: - 5 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 REASONS 7. It is the specific contention of respondent No.2 that accused No.1 managed to get fake service certificate with the help of accused Nos.2 and 3. This petitioner being the HOD failed to take any action against accused No.1 and thereby committed the above mentioned offences. 8. It is brought to the notice of the Court that accused No.1 had approached this Court by filing Crl.P.No.421 of 2020 and the same came to be allowed vide order dated 27.02.2025. While allowing the said petition filed by accused No.1 and quashing the criminal proceedings against him, this Court has observed that similar allegations were made against accused No.1 and a departmental enquiry was initiated, where he was exonerated. Another complaint was filed with Karnataka Lokayukta Police. A detailed investigation was undertaken. Later accused No.1 was exonerated. One more complaint was filed with Medical Council of India and also with the Committee specially constituted for that purpose. An enquiry was held by the Medical Council of India and the Committee. Even thereafter, nothing was found to substantiate the contention - 6 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 taken by respondent No.2. Considering all these facts and circumstances, the criminal proceedings initiated against accused No.1 came to be quashed. When no such serious allegations are made against the present petitioner, and that too when the criminal proceedings initiated against the main accused i.e. accused No.1 is already quashed, I do not find any reason to keep the criminal proceedings pending against the present petitioner. 9. In view of the above, I am of the opinion that initiation and continuation of the criminal proceedings will be in abuse of process of law and the same is liable to be quashed. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following. ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated against the petitioner in C.C.No.279 of 2020, pending on the file of the learned Principal Civil Judge and JMFC, Hassan (PCR.No.1079 of 2014), - 7 - HC-KAR NC: 2026:KHC:10136 CRL.P No. 5515 of 2020 registered for the offences punishable under Sections 417, 420, 426, 465, 468, 471, 474 and 120-B read with Section 149 of IPC, is hereby quashed. Sd/- (M G UMA) JUDGE MKM CT:VS List No.: 1 Sl No.: 6