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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 13^TH DAY OF OCTOBER, 2022

BEFORE

THE HON'BLE MS.JUSTICE J.M.KHAZI

CRIMINAL PETITION NO.101491 OF 2022

BETWEEN

1 . YALLAPPA

S/O RAMAPPA LAKKANNAVAR

AGE: 57 YEARS

OCC: GOVT. SERVANT,

R/O KALLIMATH ONI,

TQ NAVALGUND,

DIST: DHARWAD - 582 208

2 . MANJUNATH @ MANOJKUMAR

S/O RAMAPPA LAKKANNAVAR

AGE: 49 YEARS,

OCC: AGRICULTURE,

R/O KALLIMATH ONI,

TQ: NAVALGUND,

DIST: DHARWAD - 582 208

3 . BASAVARAJ

S/O CHENNAPPA HEBBALLI

AGE: 58 YEARS,

OCC: AGRICULTURE,

R/O NEERAVARI COLONY,

TQ: NAVALGUND,

DIST: DHARWAD - 582 208

4 . SAIFUSAB

S/O REHAMANSAB AVARADI

AGE: 60 YEARS,

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OCC: AGRICULTURE,

R/O KALLIMATH ONI,

TQ: NAVALGUND,

DIST: DHARWAD - 582 208

5 . LAXMAN

S/O FAKKIRAPPA BANNUR

AGE: 46 YEARS,

OCC: AGRICULTURE,

R/O NAYAKNUR,

TQ: NAVALGUND,

DIST: DHARWAD - 582 208

6 . SHEKHARAPPA

S/O VIRUPAXAPPA KYALKOND

AGE: 64 YEARS,

OCC: AGRICULTURE,

R/O NAYAKNUR,

TQ: NAVALGUND,

DIST: DHARWAD - 582 208

7 . SHEKHARAPPA

S/O ADIVEPPA AJAGOND

AGE: 75 YEARS,

OCC: BOND WRITER,

R/O MORAB,

TQ: NAVALGUND,

DIST: DHARWAD - 580 112.

(NOTE: PETITIONER IS NOT GOING TO

CLAIM THE BENEFIT OF SENIOR CITIZEN

...PETITIONERS

(BY SRI. B. S. KUKANAGOUDAR, ADVOCATE)

AND

1 . THE STATE OF KARNATAKA

THROUGH NAVALAGUND POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH,

DHARWAD - 580 011

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2 . SMT. KALLAVVA

W/O HANAMANTHAPPA

KURIYAVAR,

AGE: 60 YEARS,

OCC: HOUSEHOLD,

R/O GANESHPET, HUBBALLI,

TQ: HUBBALLI,

DIST: DHARWAD - 580 020

&RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;

SRI. S.L.MATTI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF

CR.P.C.

SEEKING

TO

QUASH

THE

CHARGE-SHEET

IN

C.C.NO.475/2019 (NAVALGUND P.S.CRIME NO.169/2016) AND

ALSO ORDER DATED 19.07.2017 TAKING COGNIZANCE ON

CHARGE-SHEET FOR THE OFFENCES PUNISHABLE U/SEC. 404,

423, 464, 468, 471, 474 R/W SEC. 149 OF IPC PENDING ON

THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT,

NAVALGUND, AGAINST THESE PETITIONERS.

THIS PETITION HAVING BEEN HEARD AND RESERVED ON

22.09.2022, COMING ON FOR PRONOUNCEMENT OF ORDER

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioners, who are arraigned as accused Nos.1 to 7,

have filed this petition under section 482 of Cr.P.C., seeking

quashing

of

criminal

proceedings

against

them

in

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C.C.No.475/2019 (Navalgund P.S. Crime No.169/2016) for

the offences punishable under section 404, 423, 464, 468,

471, 474 read with section 149 of IPC pending on the file of

Senior Civil Judge and JMFC Court, Navalgund, based on the

complaint filed by respondent No.2.

2.

For the sake of convenience, parties are referred

to by their rank before the Trial Court.

3.

Based

on

the

private

complaint

filed

by

respondent No.2 and on reference by the Trial Court to the

concerned police for investigation, a case came to be

registered against the petitioners in Crime No.169/2016 of

Navalgund P.S. for the offences punishable under section

404, 423, 464, 468, 471, 474 read with section 149 of IPC.

After investigation, the concerned police have filed charge

sheet against the petitioners arraigning them as accused

Nos.1 to 7.

4.

In the charge sheet, it is alleged that even though

the complainant9s father late Huchhappa Doddaramappa

Lakkannavar was in semi-conscious state, undergoing

treatment at Vivekanand Hospital, Hubballi, and even though

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his wife and children were alive, in order to cheat late

Huchhappa and his family members accused Nos.1 and 2 in

collusion with accused Nos.3 to 7 have created a sale deed in

respect of Survey No.379, measuring 23 acres 13 guntas,

and got the said document registered by creating LTM of said

Huchhappa and without paying the sale consideration got it

registered in the office of Sub-Registrar i.e. CW6 and thereby

committed offence punishable under