IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1295 OF 2025 BETWEEN:

H.P. PRAKASH S/O H.C. PARVATACHARI AGED ABOUT 73 YEARS RETIRED FDA, ARG COLLEGE ARTS AND COMMERCE COLLEGE DAVANGERE R/O D NO.743/1 KALPAVRUKSHA, 10TH MAIN ROAD P.J. EXTENSION, DAVANGERE - 577 002.

…PETITIONER (BY SRI REVANNA BELLARY, ADV.)

AND:

STATE OF KARNATAKA DAVANGERE REPRESENTED BY ITS HIGH COURT GOVENMENT PROSECUTOR (SPP) /PUBLIC PROSECUTOR BENGALURU - 560 001.

…RESPONDENT Digitally signed by NANDINI M (BY SRI ANOOP KUMAR M.V, HCGP)

S Location: H IGH THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C (U/S 438 R/W COURT OF

442 BNSS) PRAYING TO SETTING ASIDE THE BOTH ORDERS DATED KARNATAKA

05.08.2025 IN CRL.A.NO.20/2025 OF I APPELLATE COURT, I ADDL. DISTRICT AND SESSIONS JUDGE COURT, DAVANAGERE AND ORDER DATED 23.11.2024 PASSED ON APPLICATION U/S. 239 OF CR.P.C. TO DISCHARGE PETITIONER FROM TRIAL COURT II ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE, AND PRAYS FOR DISCHARGE THE PETITIONER IN CC.NO.120/2018 OF II ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE FOR THE OFFENCE U/S.

408, 420, 465 OF IPC BY ALLOWING THIS PETITION.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused is before this Court in this criminal revision petition filed under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the order dated 05.08.2025 passed Criminal Appeal No.20 of 25 by the Court of I Addl. District & Sessions Judge, Davanagere and the order dated 23.11.2024 passed in C.C.No.120 of 2018 by the Court of II Additional Civil Judge and JMFC, Davanagere rejecting the application filed by the petitioner under Section 239 of Cr.P.C, seeking discharge.

2. Heard the learned counsel for the petitioner and learned HCGP for respondent.

3. Petitioner herein is charge sheeted for offences punishable under Sections 465, 408 and 420 of IPC in Crime No.90 of 2017, registered by Davangere Extension Police Station, Davangere and case is registered against him before the jurisdictional Court of Magistrate in C.C.No.120 of 2018. In the said proceedings, he had filed an application under Section 239 of Cr.P.C, with a prayer to discharge him from the aforesaid offences. The said application was rejected by the Trial Court by Order 23.11.2024. The same was questioned by the petitioner before the Court of I Addl. District & Sessions Judge, Davanagere in Criminal Appeal 20 of 2025 which was dismissed on 05.08.2025. It is under these circumstances, the petitioner is before this Court in this criminal revision petition.

4. Learned counsel for the petitioner submits that, the service register was not at all recovered in the present case and the disputed signature of the petitioner was also not forwarded to an expert. In the absence of the material documents, the petitioner cannot be prosecuted for the charge sheeted offences. The Courts below have failed to appreciate the aforesaid aspects of the matter and have erred in rejecting the application filed by the petitioner under Section 239 of Cr.P.C, seeking his discharge.

5. Per contra, learned HCGP has argued in support of the impugned order and prays to dismiss the petition.

6. FIR in the present case was filed against the petitioner for the aforesaid offences based on the first information dated 26.04.2017 received from Sri K.B.Kuberappa, who was working as an in-charge principal in the institution, in which petitioner was working as a second division assistant. It is the case of the prosecution that, the petitioner, who was working as a second division assistant in Bapuji Vidya Samsthe had tampered his service register to appear as if there was no departmental enquiries or criminal cases pending against him and that he had a blemish less service. The police after investigation have filed a charge sheet against the petitioner for the afo