- 1 - HC-KAR NC: 2026:KHC-D:682 CRL.P No. 102977 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102977 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MALLARIRAV S/O. HANAMANTHARAV KULAKARNI AGE. 83 YEARS, OCC. DEED WRITER, R/O. NEAR TAHSILDAR OFFICE, NOW AT RANEBENNUR, DIST. HAVERI-581115. NOW AT MYSORE BHOGADI GADDIGE ROAD, CHANDAN BADAVANE, H.NO. 524, TAL. AND DIST. MYSORE. …PETITIONER (BY SRI. VYASA DESAI, ADVOCATE FOR SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH RANEBENNUR TOWN P.S., NOW REP. BY SPP, HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD-08. 2. MOHAN S/O. BEERAPPA MALIGER AGE. 63 YEARS, OCC. ADVOCATE, R/O. ACCHAVANA COLONY, 3RD CROSS, SAI NAGAR, HUBBALLI, DIST. DHARWAD-580023 …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 346/2023 PENDING ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, RANEBENNUR, IN CONNECTION WITH FIR CRIME NO. 131/2020 DATED 13/08/2020 REGISTERED BY RANEBENNUR TOWN P.S. FOR THE OFFENCE PUNISHABLE U/S 404, 420, 465, 468, 471 R/W 149 OF IPC, AGAINST THE PETITIONER/ACCUSED NO. 4, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:682 CRL.P No. 102977 of 2025 THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vyas Desai for Sri Jagadish Patil, learned counsel for petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1. 2. Respondent No.2-defacto complainant is dead. For the purpose of considering the case of the petitioner, no further steps are necessary. Therefore, the matter is taken up for final disposal. 3. Petitioner has filed the present petition with the following prayer: “To quash the entire proceedings in C.C. No. 346/2023 pending on the file of II Addl. Senior Civil Judge and JMFC Court, Ranebennur, in connection with FIR Crime No. 131/2020 dated 13/08/2020 registered by Ranebennur Town P.S. for the offence punishable u/s 404, 420, 465, 468, 471 r/w 149 of IPC, against the petitioner/accused No. 4, in the interest of justice. - 3 - HC-KAR NC: 2026:KHC-D:682 CRL.P No. 102977 of 2025 4. Petitioner was not an FIR named accused. Petitioner was not named as an accused in the FIR in Crime No.131/2020 registered by the Ranebennur Town Police. 5. However, after conducting the detailed investigation, present petitioner has been arraigned as accused No.4 in the incident and he has been charge sheeted for the offences punishable under Sections 404, 420, 465, 468, 470 read with Section 149 IPC. 6. In Column No.17 of the charge sheet, there is a specific mention as to the role played by the present accused also by stating that there is specific overt-act also against the petitioner who has prepared the disputed document namely Will. 7. According to the complainant, the said Will was created after the death of the alleged executant. 8. Whether at all the present petitioner did act only on the instructions of the other accused or not cannot be decided by this Court at this stage by holding a mini trial. - 4 - HC-KAR NC: 2026:KHC-D:682 CRL.P No. 102977 of 2025 9. At the most the grounds are in the nature of defence that has to be proved by the accused during the trial. 10. Reserving the accused to canvas all the available defences in the pending trial, following order is passed. ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 2 SL NO.: 3