Reserved on : 12.12.2024 Pronounced on : 10.01.2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.9546 OF 2024 BETWEEN:

SHEKHAR S/O. DODDAHANUMAIAH, AGED ABOUT 52 YEARS, RESIDING AT GARADIGARAPALYA, MADHURE HOBLI, KANASWADI POST, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT – 561 203.

... PETITIONER (BY SRI PAVANA CHANDRA SHETTY H., ADVOCATE)

AND:

1 . STATE OF KARNATAKA Digitally signed BY ITS DODDABALLAPURA TOWN POLICE STATION, by VISHAL BENGALURU DISTRICT NINGAPPA PATTIHAL REPRESENTED BY HIGH COURT SPP, Location: High Court of BENGALURU - 560 001.

Karnataka

2 . VENKAT RANJITH PATTIBANDLA, S/O. JAIPAL PATIBANDLA, AGED ABOUT 44 YEARS, NO.103, JENASIS NILADRI ROAD, DODDATHOGURU, ELECTRONICITY, BENGALURU.

... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;

SRI SAMMITH S., ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.123/2024 REGISTERED BY THE DODDABALLAPURA TOWN P.S., BENGALURU DISTRICT, PENDING ON THE FILE OF THE COURT OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, DODDABALLAPURA, BENGALURU RURAL DISTRICT, FOR THE OFFENCE P/U/S 34, 409, 419, 465, 468 OF IPC, PRODUCED HEREWITH AS DOCUMENT NO.1 AND ETC., THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 12.12.2024, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

Petitioner/accused No.4 is knocking at the doors of this Court calling in question registration of a crime in Crime No.123 of 2024 registered for offences punishable under Sections 409, 419, 465, 468 and 34 of the IPC and pending before the Additional Civil Judge (Junior Division) and JMFC Court, Doddaballapura, Bengaluru Rural District.

2. Heard Sri Pavana Chandra Shetty, learned counsel appearing for the petitioner, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri Sammith S, learned counsel appearing for respondent No.2.

3. Facts in brief, germane are as follows:-

A complaint comes to be registered by the 2^nd respondent alleging that property bearing Sy.No.21/2 measuring 1 acre 30 guntas; Sy.No.21/3 measuring 1 acre; Sy.No.21/4 measuring 1 acre 30 guntas and Sy.No.21/5 measuring 1 acre belonged to his father-in-law one Sri Yalamanchali Jithin Kumar. The allegation is that the property purchased in the year 2019 was the subject matter of General Power of Attorney in favour of the complainant to administrate the property, as his father-in-law is a resident of Andhra Pradesh. The case of the complainant projected is that, on 08-08-2024 he discovers that one Y.M.Jithin Kumar, son of Janardhana Rao, accused No.1 has entered into a sale agreement with accused Nos.2 and 3 in respect of the afore-mentioned property for a consideration of ₹1.15 crores.

4. A crime then comes to be registered in Crime No.123 of

2024 on the aforesaid facts, on the ground of impersonation of Sri Yalamanchali Jithin Kumar and execution of agreement of sale on forged documents. The sale deed is not yet taken place. The petitioner is accused No.4 and the Sub-Registrar of Doddaballapura is accused No.5. The two are drawn into the web of crime on the score that the petitioner/accused No.4 is a deed writer. It is the petitioner who has scribed the deed along with a seal of his in the deed of him being the deed writer. The moment crime is registered, the petitioner has knocked at the doors of this Court in the subject petition.

5. The learned counsel appearing for the petitioner would vehemently contend that the petitioner is only a deed writer. Whatever document is given to him, on those documents he would write the deed. Beyond this, there is no role of the petitioner. All that the petitioner has to see was revenue records and the RTC that were standing in the name of a particular party. He has verified those documents and written the deed.