- 1 - HC-KAR CNR: KAHC010320772023 NC: 2026:KHC:54080 WP No. 13614 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 13614 OF 2023 (GM-RES) BETWEEN: MRS. SUNITHA SHARMA, D/O SANTHOSH SHARMA, AGED ABOUT 35 YEARS, RESIDING AT G-2, GOLDEN ORCHID APARTMENT, LAVELLE ROAD, BANGALORE - 560 001. …PETITIONER (BY SRI. P.N. NANJA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BYAPPANAHALLI P.S., REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, AT BENGALURU -560 001. 2. SMT. NITHYA J. W/O MR. RAVI, AGED ABOUT 37 YEARS, RESIDING AT NO. 244, 7TH MAIN ROAD, RPC LAYOUT, HAMPINAGAR, BANGALORE - 560 104. …RESPONDENTS (BY SRI. WAHEEDA M.M, HCGP FOR R1, SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010320772023 NC: 2026:KHC:54080 WP No. 13614 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1976, PRAYING TO QUASH THE FIR IN CR.NO.85/2023 COMPLAINT DATED:11.05.2023 FOR THE OFFENCES PUNISHABLE U/S 427, 506, 341, 504, 447, 353 OF IPC AND SECTION U/S 14(3), 25 OF KARNATAKA LAKE CONSERVATION AND DEVELOPMENT AUTHORITY ACT 2014 REGISTERED BY THE R1 ARRAIGNING THE PRESENT PETITIONER AS ACCUSED NO.2 PENDING ON THE FILE OF 10TH ADDNL. CMM COURT, MAYOHALL AT BANGALORE VIDE ANNEXURE-A AND B TO THE PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.P.N.Nanja Reddy, learned counsel for the petitioner; Smt.Wahida M.M,learned High Court Government Pleader for respondent No.1 and Sri. K.B.Monesh Kumar, learned counsel for respondent No.2. 2. Petitioner herein is accused No.2 in Crime No.85/2023 registered by Bayappanahalli Police Station on 11.05.2023 for the following offences: - 3 - HC-KAR CNR: KAHC010320772023 NC: 2026:KHC:54080 WP No. 13614 of 2023 2.1. The allegation against the present petitioner is that she has sold the property in favour of accused No.1. Annexure-B is the sale deed placed on record, whereby it is found that it is the mother of the present petitioner who has sold the portion of the property measuring 120 feet x 80 feet, with 2 square ACC roof house, situated in Malleshapallya having Khata No.329/2A, PID No.83-54- 329/2A situated in 5th Main, Kaggadasapura Village, Krishnarajapura Hobli, Bangalore South Taluk. 2.2. The vendor is the mother of the present petitioner. Therefore, prima facie there is no nexus between the alleged crime and the present petitioner. Accordingly, a case is made out by the petitioner to allow the petition prayer. 3. At this juncture, Smt.Wahida, would contend that, during the course of investigation if any, incriminatory material is found out against the present - 4 - HC-KAR CNR: KAHC010320772023 NC: 2026:KHC:54080 WP No. 13614 of 2023 petitioner, liberty be reserved to arraign the present petitioner as an accused while filing the charge sheet. 4. Said submission appears to be reasonable, as at this juncture, what is found by the complainant is that second accused who is the person who has sold the property in favour of the first accused which is negated by filing the copy of the sale deed. 5. Accordingly, the following: ORDER i. Petition is allowed. ii. Pending FIR in Crime No.85/2023, insofar as the present petitioner who is the second accused is here by quashed. However, quashing of the FIR would not come in the way, if the investigation officer finds any material which would establish the nexus between the crime and the present petitioner. - 5 - HC-KAR CNR: KAHC010320772023 NC: 2026:KHC:54080 WP No. 13614 of 2023 iii. It is also made clear that, if any such adverse report is filed, petitioner is at liberty to challenge the same in accordance with law. Sd/- (V SRISHANANDA) JUDGE PK List No.: 1 Sl No.: 46