- 1 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 12566 OF 2025 BETWEEN: SHEELA G NAYAK W/O K.G. NAYAK, AGED ABOUT 80 YEARS, R/AT NO G-02, NO 2628, KRS ROAD, NAGARJUNA PRINCESS MANOR, V.V. MOHALLA, MYSURU - 570 002. …PETITIONER (BY SRI. KRISHNAMOORTHY D., ADVOCATE) AND: 1. STATE BY HASSAN CITY POLICE STATION, HASSAN DISTRICT - 573 201. REP/BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001 2. MOHAN RAJ, C.V, S/O VENKATARAMU, AGED ABOUT 53 YEARS, R/AT CHOWDAHALLI VILLAGE, KATTAYA HOBALI, HASSAN TALUK, HASSAN DISTRICT-573201 …RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. SPP FOR R1 R2 - SD/-) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.279/2020 (PCR NO.1079/2014 AND CRIME NO.0349/2014) ON THE FILE OF Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 THE PRL.CIVIL JUDGE AND JMFC HASSAN FOR THE ALLEGED OFFENCES P/U/S 417, 420, 426, 465, 468, 471, 474, 120(B), 149 OF THE IPC AGAINST THE PETITIONER. 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.2 in Crime No.349/2014 of Hassan City Police Station (PCR.No.1079/2014) pending in CC.No.279/2020 on the file of the learned Principal Civil Judge and JMFC, Hassan, is seeking to quash the criminal proceedings initiated against him for the offences punishable under Sections 417, 420, 426, 465, 471, 474, 120(B), 149 of Indian Penal Code (for short 'IPC'). 2. Brief facts of the case are that, respondent No.2 - complainant filed the private complaint in PCR.No.1079/2014 against the petitioner and others alleging that accused No.1 was working as a Professor in the department of Dermatology in Hassan Institute of Medical Science (HIMS). He managed to get a fake service certificate with the help of accused No.2 i.e., the present petitioner and others for getting higher post. It is - 3 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 stated that accused No.1 had never served as Assistant Professor/Associate Professor/Professor in Sullya Medical College at any point of time, but managed to get such certificate from the present petitioner. Thereby, the petitioner and co-accused have committed the offences as stated above. 3. On the basis of allegations made in the private complaint, learned Magistrate referred the matter for investigation under Section 163 of Cr.PC. Accordingly, Crime No.349/2014 of Hassan City Police Station came to be registered. After investigation, the police filed 'B' Report and the sworn statement was recorded by the learned Magistrate. Based on the sworn statement and materials on record, learned Magistrate took cognizance of the offences and registered criminal case in C.C.No.279/2020 and issued summons to the accused. Being aggrieved by the same, the petitioner is before this Court. 4. Heard Sri. Krishnamoorthy D., learned counsel for the petitioner and Smt. Asma Kouser, learned Additional SPP for respondent No.1. Perused the materials on record. - 4 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 5. 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: REASONS 6. It is the specific contention of respondent No.2 that accused No.1 managed to get concocted fake service certificate with the help of co-accused to get the higher post even though, he never served as Assistant Professor/Associate Professor/Professor in any other Institutions from 25.01.2001 till 30.06.2006. Based on such fake certificate, he managed to officiate the post as Professor in the Department of Dermatology in HIMS and thereby, committed the offences as stated above. 7. It is the contention of learned counsel for the petitioner that similar allegations were made against accused - 5 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 No.1 and he was exonerated from the charges. The Medical Council of India has also held an enquiry and exonerated accused No.1. Similar complaint was filed with Karnataka Lokayukta Police. After detailed investigation a report was submitted exonerating accused No.1. Respondent No.2 has filed the private complaint in PCR.No.1079/2014 before the Trial Court making similar allegations made in the departmental enquiry before the Medial Council of India and also before Karnataka Lokayukta Police. 8. It is pertinent to note that when the matter was referred for investigation by the learned Magistrate under Section 156(3) of Cr.P.C, 'B' report came to be filed, however, a protest petition was filed before the Trial Court and after examining the witnesses, the Trial Court took cognizance of the offences. 9. It is brought to the notice of the Court that the petitioner and co-accused have approached this Court initially by filing Crl.P.No.1262/2017 challenging the order passed by the learned Magistrate taking cognizance of the offences and issuing summons. The said petition came to be allowed vide - 6 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 order dated 12.07.2019 quashing the order taking cognizance and summoning the accused. Learned Magistrate was directed to consider the 'B' report afresh in light of the observations made therein and the decisions referred in the order. 10. Now it is stated that the learned Magistrate once again has passed the order directing to register the criminal case against the petitioner on the above said offences and issued summons to the accused. Being aggrieved by the same, the petitioner is before this Court. 11. Learned counsel for the petitioner has brought to the notice of Court the order dated 27.02.2025 passed in Crl.P.No.421/2020 filed by accused No.1. As per the said order, the criminal proceedings initiated against accused No.1 was quashed by allowing the petition. The very same allegations were made against the present petitioner being accused No.2 that he assisted accused No.1 by providing a fake certificate to enable him to officiate the higher position. When the criminal proceedings against accused No.1 is already quashed and when consistently in the departmental enquiry, enquiry before the Medical Council of India and also Karnataka Lokayukta Police - 7 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 ended by submitting a report in favour of accused No.1, it cannot be said that there are any prima facie materials against the present petitioner to go for trial. 12. It is not in dispute that similar proceedings on similar set of allegations were initiated against the accused. When several enquiries were held at different levels on similar set of facts and documents, registration of criminal case and continuation of the same will be an abuse of process of law. When criminal proceedings against the main accused i.e., accused No.1 is already quashed, I do not find any reason to reject the said prayer to the present petitioner. Hence, I am of the opinion that the criminal case registered against the petitioner is liable to be quashed. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following: ORDER i) The petition is allowed. ii) The criminal proceedings initiated against the petitioner - accused No.2 herein in Crime No.349/2014 at - 8 - HC-KAR NC: 2026:KHC:2912 CRL.P No. 12566 of 2025 Hassan City Police Station (PCR.No.1079/2014) pending in CC.No.279/2020 on the file of the learned Principal Civil Judge and JMFC, Hassan, for the offences punishable under Sections 417, 420, 426, 465, 471, 474, 120(B), 149 of IPC, is hereby quashed. In view of disposal of main petition, pending interlocutory application does not survive for consideration. Hence, the same is disposed off. SD/- (M G UMA) JUDGE PNV CT:VS List No.: 1 Sl No.: 7