- 1 - HC-KAR NC: 2026:KHC-D:1835 CRL.P No. 101880 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101880 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. SURESH YALAGO TARALE AGE. 65 YEARS, OCC. ADVOCATE, R/O. FLAT NO.305, GANESH SMRUTI APARTMENTS, IIIRD FLOOR, CTS NO.3320/4, 4TH CROSS, BHAGYANAGAR, BELAGAVI, PIN. 590006 TQ AND DIST. BELAGAVI. …PETITIONER (BY SRI. H.R. DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS POLICE INSPECTOR, TILAKWADI PS BELAGAVI, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, DHARAWAD. 2. SURESH SATAPPA WALISHETTY AGE. 70 YEARS, OCC. RETIRED POLICE OFFCIAL R/O. NIPPANI, DIST. BELAGAVI, PRESENTLY RESIDING AT NO.1001/1002 PALAI RATAN CO-OPERATIVE HOUSING SOCIETY, SHANKAR MATHAM LANE, MAHESHWARI UDYAN, MATUNGA (EAST), MUMBAI PIN. 400019, STATE. MAHARASHTRA. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI. K.L. PATIL, ADVOCATE FOR R2) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.13 15:47:35 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1835 CRL.P No. 101880 of 2021 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.471/2020 PENDING ON THE FILE OF THE JMFC IV TH COURT, BELAGAVI FOR THE OFFENCES PUNISHABLE U/S 406, 420, 465, 471, R/W 34 OF IPC, AGAINST THE PETITIONER/ACCUSED NO.4 IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. H. R. Deshpande, learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. K. L. Patil, learned counsel for respondent No.2. 2. Petition under Section 482 of Code of Criminal Procedure, 1973 with the following prayer: “Wherefore, it is most respectfully prayed that, this Hon’ble High Court may kindly be pleased to QUASH the entire criminal proceedings in C.C.No.471/2020 pending on the file of the Hon’ble J.M.F.C. IVth Court Belagavi for the offences punishable U/Sec 406, 420, 465, 471 R/w.34 of IPC against the petitioner/accused No.4 in the interest of equity and natural justice.” - 3 - HC-KAR NC: 2026:KHC-D:1835 CRL.P No. 101880 of 2021 3. In respect of a complaint lodged by respondent No.2, Tilakwadi Police registered a case in Crime No.22/2018 on 14.02.2018 for the offences punishable under Sections 420, 465, 466, 467, 468, 471, 474, 120B read with Section 34 of Indian Penal Code, 1860. 4. Respondent No.2 was a Police Officer, who was in search of a house at Belagavi through his friend R. G. Patil. When he was looking for a purchase of a house, a flat in an apartment in fourth floor was shown which was depicted that it is free from encumbrance and legally constructed house. Therefore, the deal was finalized. 5. Later on, it is revealed that the flat which was constructed in the fourth floor was not having sanction from Belagavi Corporation. Therefore, a complaint came to be lodged alleging that all the accused persons have conspired together and by altering the Corporation records shown the construction as a legal construction and deceived the complainant to lose the valuable money and thus, sought for taking action. - 4 - HC-KAR NC: 2026:KHC-D:1835 CRL.P No. 101880 of 2021 6. Role assigned to the present petitioner is that he is the Legal Advisor and cleared the title of the property without proper verification and therefore, he is also responsible for the alleged fraud. 7. Police after registering the case thoroughly investigated the matter and filed the charge sheet against the petitioner. 8. Learned Trial Magistrate took cognizance and proceeded with the criminal case. 9. Being aggrieved by the same, petitioner is before this Court. 10. Learned counsel for the petitioner reiterating the grounds urged in the petition would contend that the role assigned to the present petitioner is that he has only shown that there is a flat available to R. G. Patil who is a common friend to the petitioner and the complainant. 11. Beyond that he has not given any legal opinion or any such aspects of the matter insofar as, the purchase - 5 - HC-KAR NC: 2026:KHC-D:1835 CRL.P No. 101880 of 2021 of the flat by respondent No.2 from its owner and therefore, he cannot be proceeded criminally. 12. Per contra, learned High Court Government Pleader for respondent No.1-State and the learned counsel for respondent No.2 would support the order of taking cognizance and proceeding with the criminal case. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of material on record, it is noticed that there is no legal opinion as such given by the present petitioner for the purchase of the property. The allegation found against the petitioner is that he has informed to R. G. Patil that there is a flat that is constructed in the apartment and it is available for sale. 15. In other words, he has passed on an information of availability of a flat for sale to R. G. Patil who is a common friend of the petitioner and respondent No.2. But he did not vouch safe the title therein. - 6 - HC-KAR NC: 2026:KHC-D:1835 CRL.P No. 101880 of 2021 16. Therefore, the petitioner cannot be held liable for any of the offences alleged against him and allowing the petitioner to face the trial would result in abuse of process of law. 17. Accordingly, the following: ORDER (i) The petition is allowed. (ii) Consequently, pending proceedings insofar as the present petitioner alone stands, quashed. (iii) It is made clear that quashing of the pending proceedings against the petitioner shall not act as a parity ipso facto in respect of other accused. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 22