- 1 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100645 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SURESH S. S/O LATE SHIVALINGAPPA AGE. 42 YEARS, OCC. GOVERNMENT OFFICIAL, R/O. NEAR NETHAJI SCHOOL, ARAVINDA NAGAR, HOSPETE, DIST. VIJAYANAGARA-583201. 2. NEELAKANTHA SWAMY G. S/O. GUNDAPPA AGE. 48 YEARS, OCC. GOVERNMENT OFFICIAL R/O. NEAR KATTANAJAPPA SCHOOL, JP NAGAR, HOSPETE, DIST. VIJAYANAGAR-583201. 3. AJIT SINGH S. S/O LATE JAYANTH SINGH S. AGE. 59 YEARS, OCC. GOVERNMENT OFFICIAL R/O. 31ST WARD, JAIN COLONY, NEAR BALDOTA BLOOD BANK, HOSPETE, DIST. VIJAYANAGARA-583201. 4. MANJUNATHA DALAVAYI S/O JAMBANNA DALAVAYI AGE. 58 YEARS, OCC. GOVERNMENT OFFICIAL R/O. ANANTHASHEYA GUDI, HOSPETE, DIST. VIJAYANAGARA-583201. 5. NAGARAJ S/O LATE THIRUPALAPPA AGE. 48 YEARS, OCC. GOVERNMENT OFFICIAL, R/O. FLAT NO. 36, SHARANABASAVA COLONY, 30TH WARD, HOSPETE, DIST. VIJAYANAGARA-583201. 6. RAMESH K. S/O PARASHURAMAPPA K. AGE. 40 YEARS, OCC. GOVERNMENT OFFICIAL R/O. LOD AMARAVATI ROAD, 26TH WARD, HOSPETE, DIST. VIJAYANAGARA. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.29 11:03:29 +0530 - 2 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 7. VENUGOPALA D/O S/O HANUMANTHAPPA D. AGE. 58 YEARS, OCC. AGRICULTURE, R/O. RANIPETE, HOSPETE , DIST. VIJAYANAGARA-583201. 8. MALLIKARJUN S/O SUDUGADAPPA G. AGE. 45 YEARS, OCC. AGRICULTURE, R/O. RANIPETE, HOSPETE, DIST. VIJAYANAGARA-583201. 9. JEETRAM S/O LEBARAM AGE. 45 YEARS, OCC. BUSINESS, R/O. BASAVESHWARA BADAVANE, HOSPETE, DIST. VIJAYANAGARA-583201. …PETITIONERS (BY SRI. B.G. INDI, ADVOCATE FOR SRI. K.L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HOSPETE TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD-580011. 2. SRI RAMESH B.S. S/O SHARANAPPA AGE. 44 YEARS, OCC. COMMISSIONER, C.M.C HOSAPETE, DIST. VIJAYANAGARA-583201. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS/ ACCUSED NO. 1 TO 3 AND 5 TO 10 IN HOSAPETE TOWN POLICE STATION CRIME NO.74/2022 WHICH IS REGISTERED AS CC NO.3209/2023 ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, HOSAPETE, FOR OFFENCES PUNISHABLE U/S 420, 465, 468, 409, 471 AND 120-B R/W SECTION 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri B.G. Indi, learned counsel appearing for Sri K.L. Patil, learned counsel for the petitioners, and Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1. 2. A crime came to be registered in Crime No.74/2022 by the Hospet Town Police based on the complaint lodged by Ramesh, who is a Gazetted Government official, alleging that the present petitioners, namely Suresh, Neelakantha, and Ajit Singh, who are accused Nos.1 to 3, being Government officials, have wrongly entered the names of Mallikarjun, Venugopala, and Jeetram in the Government records in respect of properties belonging to the Government. 3. After thorough investigation, the police filed a charge sheet. Column No.17 of the charge sheet indicates that the accused persons, namely Venugopala and - 4 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 Mallikarjun, who are former elected representatives of the City Municipality, and accused No.10, who is a businessman, identified Government properties and, in active collusion with the present petitioners and other accused persons, got their names entered in the revenue records. Thereby, it is alleged that they have committed offences punishable under Sections 420, 465, 468, 409 and 471 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) and Section 120B of the IPC. 4. The learned trial Magistrate took cognizance of the offences and registered the criminal case in C.C. No.3209/2023 and is proceeding with the matter. The order taking cognizance and the continuation of the criminal proceedings are called in question in the present petition. 5. Sri B.G. Indi, learned counsel for the petitioners, reiterating the grounds urged in the petition, vehemently contended that the petitioners are innocent of the offences alleged against them and that they have only followed the - 5 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 prescribed procedure while making entries in the records maintained in their office. 6. It is also contended that, therefore, they cannot be held responsible for the alleged offences, and sought quashing of the pending criminal proceedings. 7. Per contra, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1, submitted that the Investigation Agency has collected sufficient material to demonstrate that the lands in question belong to the Government and that revenue entries were made in favour of Mallikarjun, Venugopala, and Jeetram in active collusion with the present petitioners. Such acts have resulted in wrongful loss to the Government and wrongful gain to the beneficiaries. 8. It is further contended that the records were falsified, criminal breach of trust was committed, and there existed a criminal conspiracy among the accused persons. Therefore, all the ingredients of the alleged offences are prima facie made out, and the petition deserves dismissal. - 6 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 9. Having heard the learned counsel appearing for both sides, this Court has meticulously perused the material on record. 10. On such perusal, it is evident that the Investigation Agency has found that Government lands stand recorded in the names of Mallikarjun, Venugopala, and Jeetram. Admittedly, without proper verification of documents, the present petitioners and other accused persons effected revenue entries in their favour. 11. But for the active participation of the present petitioners, such entries could not have been made. Prima facie material on record indicates the role played by each of the petitioners in effecting wrongful entries in the revenue records. 12. Whether the petitioners have followed the requisite procedure in the discharge of their official duties in the regular course of business or not cannot be adjudicated at this stage, as it would amount to conducting a mini trial. - 7 - HC-KAR NC: 2026:KHC-D:922 CRL.P No. 100645 of 2024 13. If the petitioners have acted in accordance with law and prescribed procedure, the same would constitute a defence available to them, which can be established during the course of a full-fledged trial. 14. Accordingly, reserving such liberty to the petitioners, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE AC CT-CMU LIST NO.: 2 SL NO.: 4