IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5412 OF 2018 BETWEEN:
1. NAGARATHNA H.S., D/O SHEKARAPPA, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O K.HOSAHALLI, KADUR POST & TALUK, CHIKKAMAGALURU DISTRICT – 577 548.
2. MANGALA H.S., D/O SHEKARAPPA, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O K.HOSAHALLI, KADUR POST & TALUK, CHIKKAMAGALURU DISTRICT – 577 548.
3. LOKESH H.S., S/O SHEKARAPPA, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O K.HOSAHALLI, KADUR POST & TALUK, CHIKKAMAGALURU DISTRICT – 577 548.
4. SADASHIVA H.S., S/O SHEKARAPPA, AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O K.HOSAHALLI, KADUR POST & TALUK, CHIKKAMAGALURU DISTRICT – 577 548.
... PETITIONERS (BY SRI. DINESH KUMAR K RAO, ADV. FOR SRI. R.B.DESHPANDE, ADV.,) AND:
1. THE STATE OF KARNATAKA, BY KADUR POLICE STATION, CHIKKAMAGALURU DISTRICT – 577 548.
(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001).
2. SRI.M.N.HARISH, IN-CHARGE CHIEF OFFICER, KADUR, MUNICIPAL OFFICE, KADUR TOWN, CHIKKAMAGALURU DISTRICT – 577 548.
…RESPONDENTS (BY SRI. S.RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT/FIR AGAINST THE PETITIONERS REGISTERED IN CR.NO.230/2017 OF KADUR P.S., CHIKKAMAGALURU DISTRICT (REGISTERED FOR THE OFFENCES P/U/Ss 198, 465, 203, 468, 420, 472 R/W 34 OF IPC) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, KADUR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel appearing for petitioners and the learned High Court Government Pleader appearing for the State. Perused the records.
2. Respondent No.2 herein, In-charge Chief Officer of Kadur Town Municipal Council has lodged a complaint on 14.11.2017 with the jurisdictional police alleging that in respect of property bearing municipal No.841/813 measuring 35x45 ft. for the purposes of executing a partition deed, one Shekarappa/accused No.1 had fabricated the documents and also affixed a fabricated seal and signature and on the basis of it got registered partition deed. It is alleged that the said Shekarappa in connivance with his children for whose benefit the document was executed had fabricated the order of the Town Municipal Council including the seal and accordingly, sought for taking suitable action being taken against the concerned persons. Said complaint came to be registered in crime No.230/2017 of Kadur Police Station for the offences punishable under Sections 198, 465, 203, 468, 420, 472 r/w Section 34 of IPC.
3. Jurisdictional police are investigating the matter.
At this juncture, on the basis of the self serving testimony of the petitioners that the allegation is only against their father deceased Shekarappa and there is no allegation of creation of documents by the petitioners, investigation and/or proceedings cannot be quashed, inasmuch as, truth would be ascertained only during the course of investigation including the fact as to what was the complicity of the petitioners in the alleged act. As such, without expressing any view, this petition stands dismissed as it lacks merits.
Consequently, I.A.No.1/2019 for stay does not survive for consideration and accordingly it stands rejected.
SD/- JUDGE bkp