- 1 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103695 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. SRINIVAS S.T. S/O. SWAMY S.V.T. WRONGLY SHOWN AS IN FIR AND COMPLAINT AS THIRUPATHISWAY S. SRINIVAS, AGE. 44 YEARS, OCC. BUSINESS (R.E.) R/O. HEBBURU MAIN ROAD, SIRIVARA ROAD, KAMBALAPURA, DIST.TUMKUR-572120. …PETITIONER (BY SRI. SUJAYEENDRA SRIDHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH PSI OF ANKOLA PS, DIST. UTTAR KANNDA, KARWAR, R/BY SPP HIGH COURT OF KARNATAKA, BENCH, DHARWAD-580011. 2. SRI. BHARAMAPPA S/O UDACHAPPA KUNTAGERI AGE. 45 YEARS, OCC. BUSINESS, R/O. H.NO.1807/59/A, NEW KHB COLONY, HABBUWAD KARWAR, DIST. UTTAR KANNADA, KARNATAKA 581306. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. V.M. SHEELVANT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO ALLOW THIS PETITION AND QUASH THE FIR BEARING NO.0187/2024 DATED 30.10.2024 REGISTERED BY THE RESPONDENT NO.1 ANKOLA POLICE STATION, KARWAR FOR THE OFFENCES PUNISHABLE U/S 111(4), 316(2), 316(5), 318(2), 318(4) R/W 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023, PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, ANKOLA, UTTARA KANNADA DISTRICT, AND COMPLAINT DATED CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 15:09:46 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 30.10.2024 INSOFAR IT RELATES TO THE PETITIONER/ACCUSED NO.3 VIDE ANNEXURES-A AND B RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ADMISSIONG, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Sujayeendra Sridhar, learned counsel for the petitioner and Smt.Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1 and Sri.V.M.Sheelvant, learned counsel for respondent No.2. 2. Accused No.3 is the petitioner who has filed the present petition under Section 482 of Cr.p.C. with the following prayer: “Wherefore, the petitioner humbly prays that this Hon’ble Court may be pleased to; i. Allow this petition and quash the FIR bearing No.0187/2024 dated 30.10.2024 registered by respondent No.1 Ankola Police Station, Karwar for the offences punishable under Section 111(4), 316(2), 316(5), 318(4) R/w 3(5) of the Bharatiya Nyaya Sanhita (BNS) pending - 3 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 on the file of the Prl. Civil Judge (Jr. Civil Judge (Jr. Dn) and JMFC Court, Ankola, Uttar Kannada District, and complaint dated 30.10.2024 insofar it relates to the petitioner – accused No.3 vide Annexures-A and B respectively, in the interest of justice and equity. ii. Grant any other order and such other and further reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. A complaint came to be lodged by the authorized signatory and project incharge namely Bharamappa Udachappa Kuntageri formed on behalf of JSW Keni Port Private Limited. 3.2. Gist of the complaint averments would reveal that complainant/company was in need of purchasing the land for expansion of their business in Bhavikeri village, Ankola Taluk, Uttara Kannada District. - 4 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 3.3. Therefore, they contacted the persons who could procure the land. Accused No.1 namely – Ajit Ganapati Nayak residing in Keni road, Honnekeri, Ankola Taluk, accused No.2 - Guruprasad Sudhakar Revanakar, resident of Aversa, Koulagadde, Ankola Taluk and present petitioner – Tirupathiswamy S. Shrinivash had contacted the complainant/company and they represented that the petitioner is a renowned real estate business man in Bengaluru having sufficient experience in procuring the land for the intended purpose. 3.4. Believing the representation, an Memorandum of Understanding (hereinafter ‘MOU’ for short) was entered into between the company and accused No.2 and accused Nos.1 and 3 induced the execution of the said MOU and consideration amount of Rs.14,71,06,035/-, was parted away by the complainant company. - 5 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 3.5. There was no procurement of the land which resulted in playing fraud on the complainant company and sought for action. 4. Police registered the case in Crime No.187/2024 on 30.10.2024 for the offences punishable under Section 111(4), 3(5), 316(2), 316(5), 318(2) amd 318(4) and are reinvestigating the matter. 5. Petitioner appeared before the Trial Court and after facing the custodial interrogation, he has been enlarged on bail. 6. Accused Nos.1 and 2 are absconding and therefore, police are unable to conclude the investigation. 7. In the mean time, present petition is filed with the aforesaid prayer by contending that he has no role whatsoever in the alleged fraud and even as per the complaint averments, the role assigned to the present petitioner is only inducing the complainant company to - 6 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 enter into MOU with accused No.2 and therefore, the proceeding against the petitioner needs to be quashed. 8. Per contra, learned counsel for respondent No.2 would support the continuation of the criminal case so also the learned High Court Government Pleader. 9. They would further submit that there is no ground made out to quash the FIR even in respect of the petitioner and sought for dismissal of the petition. 10. Having heard the parties in detail, this Court perused the material on record meticulously. 11. On perusal of the material on record, it is crystal clear that a specific role has been assigned in the complaint itself by the complainant in paragraph No.6. 12. It was represented that present petitioner is a renowned real estate agent in Benglauru and having sufficient experience which made the complainant company to enter into contract with accused No.2 for procurement of - 7 - HC-KAR NC: 2026:KHC-D:1281 CRL.P No. 103695 of 2024 the land and valuable consideration of more than Rs.14 crores have been parted away by the complainant company. 13. Whether at all the present petitioner had a role and he had share in the amount that has been received by accused No.2 or not cannot be decided by this Court, at this stage, as the investigation is still in process and accused Nos.1 and 2 have been absconding from the date of registration of the case. 14. Therefore, no grounds are made out to quash the pending FIR. 15. Hence, the following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE KAV CT:CMU LIST NO.: 1 SL NO.: 12