- 1 - HC-KAR NC: 2026:KHC-D:292 CRL.P No. 104568 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104568 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. CHANDRAYYASWAMY S/O LATE SHAMBULINGAYYASWAMY AGE. 50 YEARS, AGRICULTURIST, R/O. SHANAVASAPUR SIRUGUPPA TALUK BELLARY DISTRICT-583121. 2. MALLIKARJUNASWAMY S/O JAMBAYYA AGE. 60 YEARS, COOLIE, R/O. SHANAVASAPUR SIRUGUPPA TALUK BELLARY DISTRICT-583121. …PETITIONERS (BY SRI. S.P. KANDAGAL, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH SIRUGUPPA P S, SIRUGUPPA, BELLARY DISTRICT R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. H. SHANTHANA GOUDA S/O CHENNANA GOUD AGE. 53 YEARS, FARMER, R/O. SHANAVASAPUR VILLAGE, SIRUGUPPA TALUK, BELLARY DISTRICT-583121. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. J. BASAVARAJ, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO PASS AN ORDER SETTING ASIDE THE ORDER DATED 24.04.2015 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, SIRUGUPPA IN CC NO.333/2015 (ARISING FROM SIRUGUPPA P.S. CRIME NO.30/2012) REGISTERED FOR THE OFFENCES U/S 465, 468, 417, 419, 420 R/W 34 OF IPC AND CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN CC NO.333/2015 FOR THE AFORESAID OFFENCES ON THE FILE OF THE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:292 CRL.P No. 104568 of 2025 CIVIL JUDGE AND JMFC, SIRUGUPPA, IN THE INTEREST OF JUSTICE AND EQUITY. 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) 1. Heard Sri.S.P.Kandagal, learned counsel for the petitioners, learned High Court Government Pleader-Smt.Kiritilata R. Patil, for respondent No.1 and Sri.J.Basavaraj, learned counsel for respondent No.2. 2. The petition under Section 482 Cr.P.C. with the following prayer: “Wherefore, it is prayed that this Hon’ble Court be pleased to: (i) Pass an order setting aside the order dated 24.04.2015 passed by the Court of Civil Judge and JMFC, Siruguppa in C.C.No.333/2015 (arising from Siruguppa P.S. in Crime No.30/2012) registered for the offences under Sections 465, 468, 417, 419, 420 read with 34 of IPC (ii) Consequently, quash the criminal proceedings initiated against the petitioners/A1 and A2 in C.C.No.333/2015 for the aforesaid offences on the file of the Civil Judge and JMFC, Siruguppa, in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC-D:292 CRL.P No. 104568 of 2025 3. Facts in the nutshell which are utmost necessary to disposal of the present petitioner are as under: Second respondent Sri.Shantana Gouda lodged a complaint with Sirugappa Police Station on 12.02.2012, which was registered in the Crime No.30 of 2012 for the offences under Sections 465, 468, 417, 419, 420 read with 34 of the IPC. 4. The gist of the complaint averments would reveal that in respect of the land in Survey No.43-B/1 measuring 9 acres 46 guntas and in land in Survey No.51/3 measuring 21 acres 11 guntas of Shanvasapura village, which was belonging to Chandramouleswara and Basaveshwara Temple Trust, Chandrayya and Mallikarjunaya, in collusion with revenue officials and knowing fully well that Sri.Shambulingaya was no more, who died on 20.08.2008, in order to have a wrongful gain for themselves, registered a mortgage on 29.10.2010 by impersonating Shambulingaya and also wrongly affixed the photograph of Mallikarjunaiah as that of Shambulingaya and subscribed the thumb impression of Mallikarjunaiah as that of Shambulingaya. 5. Police after thorough investigation, filed the charge sheet and the learned Trial Judge has taken cognizance of the - 4 - HC-KAR NC: 2026:KHC-D:292 CRL.P No. 104568 of 2025 offences. The Trial has also commenced after framing the necessary charges. 6. It is at that juncture, the petitioners approached this Court with the aforesaid prayer. 7. Sri.S.P.Kandagal, learned counsel for the petitioners, reiterating the grounds urged in the petition would contend that admittedly the property belongs to the petitioners. Therefore, there is no wrongful loss, even assuming that the prosecution case of impersonation stands established. 8. He would further contended that there is no dishonest intention, which is the sine qua non for attracting the offence under Sections 417, 419 and 465, 468, 417, 419, 420 read with 34 of the IPC and that there is no falsification of the documents. Hence, he sought for quashing of the pending criminal case. 9. Per contra, Smt. Kiritilata R. Patil, learned High Court Government Pleader and Sri.J.Basavaraj, for the defacto complaint would oppose the grounds urged in the petition and support the impugned order. 10. They would further contend that the very fact that Shambulingaya died in the year 2008 and a mortgage deed came - 5 - HC-KAR NC: 2026:KHC-D:292 CRL.P No. 104568 of 2025 to be registered before the Sub-Registrar office, wherein Mallikarjunaiah impersonated himself as Shambulingaya by affixing the signature and subscribing the thumb impression and also furnishing his photograph, clearly shows dishonest intention. Therefore, the contentions urged on behalf of the petitioners cannot be countenanced in law. 11. Having heard the arguments of both sides, this Court perused the material on record meticulously. 12. On such perusal of the material on record, there is no dispute that Shambulingaya, who has been shown as one of the mortgager, was no more as on the date of execution on the mortgage before the Sub-Registrar. 13. Whether, Mallikarjunaiah subscribed his signature, thumb impression and photograph as if he is the Shambulingaya and what was the intention of Mallikarjunaiah in doing so are all matters of evidence which have to be adjudicated by the learned Trial Judge in the pending Trial, as charges have been framed and Trial has commenced. 14. Thus, without holding a mini-Trial this Court cannot accept the contentions urged on behalf of the petitioners that - 6 - HC-KAR NC: 2026:KHC-D:292 CRL.P No. 104568 of 2025 there is no dishonest intention, nor that there was no wrongful loss caused to the Trust or wrongful gain to the petitioners. 15. Expressing any opinion on the merits of the matter at this juncture would definitely impair the rights of the parties in the pending Trial, one way or the other. 16. Accordingly, the following: ORDER (i) The petition dismissed. (ii) All available defences are kept open to be urged by the petitioners in the pending Trial, in accordance with law and the same shall be considered by the learned Trial Judge in the trial in accordance with law. Sd/- (V.SRISHANANDA) JUDGE RHR/- CT:CMU LIST NO.: 2 SL NO.: 81