IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 14360 OF 2023 (GM-RES)

BETWEEN:

SRI VINAY KUMAR HADDANNAVAR @AKSHATHAA B HADDANNAVAR, AGED ABOUT 42 YEARS, S/O. MR. B.N. HADDANNAVAR R/A HEALTH CAMP, GADAG, BETAGERI - 582 102.

PRESENTLY R/A NO.50, 1ST MAIN, 5TH CROSS, HOSAHALLI, VIJAYA NAGAR, BENGALURU-560040 …PETITIONER (BY SRI. SATYANARAYANA CHALKE S, ADVOCATE)

AND:

Digitally signed by 1. THE STATE OF KARNATAKA REKHA R Location: Hig h BY THE STATION HOUSE OFFICER, Court of Karnataka HIGH GROUNDS POLICE STATION, BENGALURU-560001.

2. MR. SYED ULFAT HUSSAIN, IPS, NO.50/11, 101, GREEN HALL, RESIDENCY APARTMENT, CUNNINGHAM ROAD, BANGLORE CITY-560001.

3. MR.AKSHAT HADDANNAVAR, AGED ABOUT 41 YEARS, S/O MR.B.N.HADDANNAVAR, RESIDING AT HEALTH CAMP, GADAG, BETAGERI- 582102 (DELETED VIDE COURT ORDER DTD: 27/7/2023)

…RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1 & R2)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDERS DATED 27/02/2023 PASSED BY THE LEARNED CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CC NO

32668/2011 PRODUCED AT ANNEXURE K.

THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

In this petition filed under Article 226 r/w Section

482 of Code of Criminal Procedure, petitioner who is arraigned as accused No.2, is seeking quashing of order dated 27.02.2023 in C.C.No.32668/2011 on the file of Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 419, 420, 200, 177, 468, 471, 120-B r/w Section 34 of IPC.

2. In support of the petition, petitioner/accused No.2 Vinaykumar B.Haddannavar has contented that he is prosecuted mainly on the ground that accused No.1 has manipulated the documents in respect of his birth certificate and has impersonated by applying for the exam as Akshatha B.Haddannakar, so that he can sit by the side of accused No.1 and he wrote examination to help accused No.1. Even though CCTV footage is available, the same is not produced claiming that it is corrupted. All the material witnesses are already examined and there is nothing to link petitioner/accused No.2 to the crime. So far as the fingerprint evidence is concerned, the earlier report furnished by the State department negative his involvement. Now the thumb impression report is secured from a private lab, which is prohibited as per the Government order issued on the directions of order passed by this Court in Crl.P.No.100822/2016. In the light of the same, the impugned order is challenged in this petition.

3. In support of his arguments, learned counsel for petitioner / accused No.2 has relied upon the following decisions:

(i) Vinubhai Haribhai Malaviya and Ors. Vs. The State of Gujarat and Anr. (Vinubhai Haribhai Malaviya)

(ii) Mariam Fasihuddin and Anr. Vs. Stat by Adugodi PS and Anr. (Mariam Fasihuddin)

(iii) Ramachandra and Ors. Vs. State of Karnataka and Anr. (Ramachandra)

4. On the other hand, learned High Court Government Pleader representing the respondent No.1 State and learned counsel representing respondent No.2 submit that after conducting detailed investigation, charge sheet came to be filed against accused Nos.1 and 2 who are own brothers, alleging that during the recruitment for the post of PSI in the year 2009, they applied for the said post. Since accused No.1 was not eligible for applying for the said post, document of his date of birth is created and

1

2019 0 AIR (SC) 5233 [Crl.A.Nos.478-479/2017 Dt:16.10.2019]

2 Crl.A.No.335/2004 Dt:22.01.2024 :2024 255 AIC 144 Crl.P.No.100822/2016 Dt:23.11.2016 used it as genuine. Accused No.2, who is the younger brother of accused No.1 in order to help him to get selected for the post of PSI, gave false declaration regarding his name and parents name as well as his date of birth. Even though knowing that to help him for selection accused No.2 has given false informatio