Sri S M Ramakrishna vs The State Of Karnataka
2026 Latest Caselaw 2838 Kant

Karnataka High Court

Sri S M Ramakrishna vs The State Of Karnataka on 1 April, 2026

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                             NC: 2026:KHC:17682
                                                           WP No. 36622 of 2025


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 1ST DAY OF APRIL, 2026

                                              BEFORE

                             THE HON'BLE MR. JUSTICE H.P.SANDESH

                          WRIT PETITION NO.36622 OF 2025 (GM-RES)

                   BETWEEN:

                   1.    SRI. S.M.RAMAKRISHNA,
                         S/O LATE S.A. MUNIYAPPA,
                         AGE ABOUT 48 YEARS,
                         R/AT NO.1, 9TH CROSS, 8TH MAIN,
                         SHIVANAGAR, RAJAJINAGAR,
                         BENGALURU-560 010.
                                                                   ...PETITIONER

                   (BY SRI. NANJUNDA SWAMY N, ADVOCATE - [THROUGH V.C])

                   AND:

                   1.    THE STATE OF KARNATAKA,
                         BY THALAGATTAPURA POLICE STATION,
Digitally signed         REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
by DEVIKA M
                         HIGH COURT OF KARNATAKA,
Location: HIGH           BENGALURU-560 001.
COURT OF
KARNATAKA
                   2.    D.M. SHARADHAMBA,
                         W/O D.N.MANOHAR,
                         AGE ABOUT 68 YEARS,
                         R/AT NO.29/19, B.RAMAMURTHY ROAD,
                         4TH CROSS, LALBAGH,
                         UPPANAHALLI, MARALLI,
                         BENGALURU-560 004.
                                                                ...RESPONDENTS

                              (BY SMT. RASHMI PATEL, HCGP FOR R1;
                             SRI. H.M.MURALIDHAR, ADVOCATE FOR R2)
                               -2-
                                            NC: 2026:KHC:17682
                                        WP No. 36622 of 2025


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL
PROCEDURE CODE, PRAYING TO QUASH THE COMPLAINT IN
PCR BEARING NO.458/2017 DATED 16.08.2017 (ANNEXURE A)
AND TO QUASH THE FIR DATED 01.10.2017 FILED IN CRIME
NO.278/2017, FOR OFFENCES PUNISHABLE UNDER SECTIONS
409, 420, 441 AND 120B OF IPC (ANNEXURE B); QUASH THE
CHARGE SHEET IN CC NO.9535/2018 ON THE FILE OF II ADDL.
CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 120B, 406, 418,
419, 420, 447, 466, 468, 471, 474 R/W. SECTION 34 OF IPC
(ANNEXURE C) AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

                        ORAL ORDER

Heard the learned counsel for the petitioner, the learned

High Court Government Pleader for respondent No.1 and the

learned counsel for respondent No.2.

2. This Court already considered the petition earlier in

respect of this petitioner in W.P.No.5174/2020 and this Court in

paragraph No.11 considered the judgment of the Hon'ble Apex

Court passed in Crl.A.No.255/2019, wherein an observation is

made that the criminal complaints cannot be quashed only on

the ground that the allegations made therein appear to be of a

civil nature. If the ingredients of the offences alleged against

NC: 2026:KHC:17682

HC-KAR

the accused are prima facie made out in the complaint, the

criminal proceedings cannot be interdicted. This Court having

gone through the facts of the case, made an observation that

serious allegations are made against the accused persons that

knowingfully well an earlier transaction and created the

Government documents of khata and the report disclosed that

the said document is also created documents and on the

strength of the said Government documents, the sale deeds

were executed. The witnesses have given the statement before

the Investigating Officer with regard to creation of the

documents. Such being the case, when the criminal acts are

perforated against the petitioners herein, the disputed

questions cannot be answered in a petition filed under Section

482 of Cr.P.C. The statement of witnesses has to be

ascertained only after recording the statement of the witnesses

before the Trial Court.

3. The contention of the learned counsel for the

petitioner that he was not having any knowledge about the

same and the same is done only by accused No.1 cannot be

accepted and the fact is that accused No.1 executed the sale

NC: 2026:KHC:17682

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deed in favour of this petitioner and this petitioner without

verifying the created documents, indulged in having the sale

deed from accused No.1, who is not the owner of the property.

The investigation is conducted and specific allegation is made in

the complaint and during the course of investigation,

statements were recorded. The learned counsel for the

respondent filed statement of objections wherein also reiterated

that earlier this Court has taken note of the material on record

and that too earlier petition is disposed of after filing of the

charge-sheet. When such being the case, there is no any

changed circumstances and hence, I do not find any ground to

entertain the petition once again to quash the same when

already an observation is made that it is a case of trial and this

Court cannot sit and decide the same invoking Section 482 of

Cr.P.C. Hence, the writ petition is dismissed.

Sd/-

(H.P.SANDESH) JUDGE

MD List No.: 1 Sl No.: 5