- 1 - HC-KAR NC: 2026:KHC:17682 WP No. 36622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO.36622 OF 2025 (GM-RES) BETWEEN: 1. SRI. S.M.RAMAKRISHNA, S/O LATE S.A. MUNIYAPPA, AGE ABOUT 48 YEARS, R/AT NO.1, 9TH CROSS, 8TH MAIN, SHIVANAGAR, RAJAJINAGAR, BENGALURU-560 010. …PETITIONER (BY SRI. NANJUNDA SWAMY N, ADVOCATE – [THROUGH V.C]) AND: 1. THE STATE OF KARNATAKA, BY THALAGATTAPURA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. D.M. SHARADHAMBA, W/O D.N.MANOHAR, AGE ABOUT 68 YEARS, R/AT NO.29/19, B.RAMAMURTHY ROAD, 4TH CROSS, LALBAGH, UPPANAHALLI, MARALLI, BENGALURU-560 004. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. H.M.MURALIDHAR, ADVOCATE FOR R2) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17682 WP No. 36622 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE COMPLAINT IN PCR BEARING NO.458/2017 DATED 16.08.2017 (ANNEXURE A) AND TO QUASH THE FIR DATED 01.10.2017 FILED IN CRIME NO.278/2017, FOR OFFENCES PUNISHABLE UNDER SECTIONS 409, 420, 441 AND 120B OF IPC (ANNEXURE B); QUASH THE CHARGE SHEET IN CC NO.9535/2018 ON THE FILE OF II ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 406, 418, 419, 420, 447, 466, 468, 471, 474 R/W. SECTION 34 OF IPC (ANNEXURE C) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2. 2. This Court already considered the petition earlier in respect of this petitioner in W.P.No.5174/2020 and this Court in paragraph No.11 considered the judgment of the Hon’ble Apex Court passed in Crl.A.No.255/2019, wherein an observation is made that the criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offences alleged against - 3 - HC-KAR NC: 2026:KHC:17682 WP No. 36622 of 2025 the accused are prima facie made out in the complaint, the criminal proceedings cannot be interdicted. This Court having gone through the facts of the case, made an observation that serious allegations are made against the accused persons that knowingfully well an earlier transaction and created the Government documents of khata and the report disclosed that the said document is also created documents and on the strength of the said Government documents, the sale deeds were executed. The witnesses have given the statement before the Investigating Officer with regard to creation of the documents. Such being the case, when the criminal acts are perforated against the petitioners herein, the disputed questions cannot be answered in a petition filed under Section 482 of Cr.P.C. The statement of witnesses has to be ascertained only after recording the statement of the witnesses before the Trial Court. 3. The contention of the learned counsel for the petitioner that he was not having any knowledge about the same and the same is done only by accused No.1 cannot be accepted and the fact is that accused No.1 executed the sale - 4 - HC-KAR NC: 2026:KHC:17682 WP No. 36622 of 2025 deed in favour of this petitioner and this petitioner without verifying the created documents, indulged in having the sale deed from accused No.1, who is not the owner of the property. The investigation is conducted and specific allegation is made in the complaint and during the course of investigation, statements were recorded. The learned counsel for the respondent filed statement of objections wherein also reiterated that earlier this Court has taken note of the material on record and that too earlier petition is disposed of after filing of the charge-sheet. When such being the case, there is no any changed circumstances and hence, I do not find any ground to entertain the petition once again to quash the same when already an observation is made that it is a case of trial and this Court cannot sit and decide the same invoking Section 482 of Cr.P.C. Hence, the writ petition is dismissed. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 5