Venkateshalu K Vs State of Karnataka

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1 - NC: 2025:KHC:11936 CRL.P No. 1621 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 1621 OF 2025

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BETWEEN:

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VENKATESHALU K, S/O LATE B. KRISHNAPPA, AGED ABOUT 56 YEARS, R/AT NO. 6, 4^TH B CROSS, NEAR VINAYAKA TEMPLE KAMAKSHIPALYA, MAGADI MAIN ROAD, BASAVESHWARANAGARA, BENGALURU-560079.

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SATHISH GOWDA @ SIDDARUDHA M J, S/O JOGI GOWDA, AGED ABOUT 43 YEARS, R/AT 05, 10^TH MAIN , 7^TH CROSS, NEAR HMR SCHOOL, JNANAJYOTHI NAGAR, BANGALORE-560056, (ADDRESS OF A5 WRONGLY SHOWN IN CHARGE SHEET)

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…PETITIONERS

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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(BY SRI MANJUNATH M R, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVAREKERE P.S, RAMANAGARA REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.

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SMT. RUDRAMMA, W/O RANGHASWAMAIAH, AGED ABOUT 37 YEARS, R/AT NO. 3, SIDHIHYANA KERE PALYA, DODDAMAVATUR POST, HULIYURDURGA HOBLI, KUNIGAL TQ, TUMKUR DIST 572123.

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…RESPONDENTS

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(BY SRI RAHUL RAI - HCGP FOR R1, NOTICE TO R2 - D/W)

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NC: 2025:KHC:11936 CRL.P No. 1621 of 2025

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2766/2021 FOR OFFENCE P/U/S 323, 420, 504, 506, 34 OF IPC REGISTERED BY TAVAREKERE P.S., RAMANAGARA DISTRICT IN CR.NO.142/2021(PCR NO.219/2020) SO FOR AS THE PETITIONERS IS CONCERNED PENDING ON THE FILE OF 2ND ADDL. CIVIL JUDGE AND JMFC COURT, MAGADI, RAMANAGARA DISTRICT.

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

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Heard the learned counsel appearing for the petitioners and learned High Court Government Pleader for respondent No.1.

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The petitioners who are common in this petition are sought to be prosecuted for the offences punishable under Sections 323, 420, 504, 506 read with Section 34 of IPC.

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The Defacto complainant in this petition lodged the FIR alleging that, accused No.1 though not the owner of the property bearing Sy.No.28 measuring 5 acres 14 guntas plus (3 guntas of Kharab) situated at Varthur, Narsipura Village, Tavarekere, Bangalore South Taluk, Bangalore, executed power of attorney in favour of accused No.4 Ravikumar V., for dealing with the property to an extent of 20 guntas in Sy.No.28. Accused No.4 in turn executed registered agreement of sale in favour of accused No.5 who purportedly formed a residential layout in the said extent of 20 guntas and conveyed 48 sites measuring 30 feet X 40 feet to the de facto-complainant and others.

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NC: 2025:KHC:11936 CRL.P No. 1621 of 2025

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Though the sale deeds had been executed in favour of the defacto-complainant and others, accused No.1 and 2 came to the sites and objected to the enjoyment of the sites by the defacto complainants. Thereafter, accused No.1 to 4 colluding with each other hatched a plan to grab sites belonging to the defacto complainant by trespassing into the sites and when questioned, accused Nos.1 and 2 are said to have stated that the 20 guntas of land belongs to them. The police after conducting an investigation submitted the charges sheets.

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The summary of the charge sheets is that, Accused No.1 purchased the land measuring 5 acres 14 guntas + 3 guntas Kharab land through a registered sale deed dated 31.03.2016 from M/s DLF housing Company, and thereafter the petitioner executed a power of attorney in favour of accused No.4 on 16.02.2017 for an extent of 20 guntas, and in turn accused No.4 as a GPA holder executed an agreement of sale in favour of accused No.5 conveying 20 guntas of land in Sy.No.28. Thereafter the accused No.4 and 5 have executed registered sale deeds in favour of the defacto complainant and others conveying 48 sites measuring 30 X 40 for valuable sale consideration.

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The accused No.1 after executing the power of attorney has conveyed the entire extent of land including the 20 guntas of land in favour of accused No.2 by executing registered gift deed dated 30.03.2017.

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Accused Nos.1 to 5 in collusion with each other and with a common intention of cheating the defacto complainant after receiving the sale consideration are claiming that 20 guntas of land belongs to Accused Nos.1 & 2.

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NC: 2025:KHC:11936 CRL.P No. 1621 of 2025

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Accused Nos.1 and 2 had approached this Court in Crl.P.No.6719/2022 and connected matters challenging the very same impugned proceedings. This Court vide order dated 31.10.2023 quashed the proceedings insofar as it relates to accused Nos.1 and 2 by observing as under:

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"12. An extent of 5 acres 14 guntas of land in Sy.No.28 was purchased by the petitioner-accused No.1 under the registered sale deed dated 31.03.2016 executed by M/s DFL housing Company represented by its partners. The case of the prosecution is that, the petitioner-accused No.1 has executed a power of attorney dated 16.2.2017 in favour of the accused No.4 to deal with 20 guntas of land in Sy.No.28 and the clause contained in the power of attorney discloses that the accused No.1 was entrusted with the responsibility to sell the portion of the land/ lease/mortgage the schedule property or in part and for on behalf of accused No.1 and to execute appropriate registered sale deeds and to receive sale consideration there upon.

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13. In terms of the power of attorney granted, accused No.4 entered into an agreement of sale dated 28.3.2017 in favour of accused No.5. Perusal of the agreement of sale discloses that the 20 guntas of land was said have been conveyed to accused No.5 subject to certain terms and conditions for a sum of Rs.40 Lakhs out of which a sum of Rs.5 Lakh was received by accused No.4, and the balance sale consideration was to be paid at the time of registration of the sale deeds in favour of accused N0.5.

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14. In terms of the registered GPA and registered sale agreement dated 20.8.2017, accused No.4 as power of

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5 - NC: 2025:KHC:11936 CRL.P No. 1621 of 2025

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attorney of accused No.1 and accused No.5 as 2^nd party developer executed registered sale deeds in favour of the defacto complainants conveying plots measuring 30 X 40.

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15. The case of the prosecution is that, the accused after having formed plots in 20 guntas of land have executed multiple sale deeds in respect of each of the plots to make wrongful gain at the expense of the de facto complainants.

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16. Whether the GPA was created by accused No.4 cannot be gone into in these petitions, and the same can be adjudicated by the Civil Court in the pending suits filed by accused No.1 against the accused Nos. 4 and 5 for declaration and permanent injunction wherein it is alleged that the accused No.4 by forging the signature of accused No.1 had created power of attorney and thereafter, the said accused along with accused No.5 have fraudulently conveyed the plots to the de facto complainants.

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17. The accused No.4 under the alleged GPA was authorized to deal with 20 guntas of land, however it is alleged that the accused No.4 and 5 have executed multiple sale deeds in respect of each plot. In the absence of any material that the petitioners connived with the accused No.4 and 5 to cheat the defacto complainant, the petitioners cannot be held responsible for any act of Accused No.4 if he has exceeded the authority give, since they are neither the parties nor the signatories to the sale deeds. "

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The only allegation against accused Nos.3 and 5 is that they had accompanied accused Nos.1 and 2 at the time of the incident and except the said allegation, there is no other allegations of having

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NC: 2025:KHC:11936 CRL.P No. 1621 of 2025

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committed the offence along with accused Nos.1 and 2 in deceiving the defacto complainant. Under such circumstances, the continuation of the criminal proceeding will be an abuse of process of law.

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Hence, the following:

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ORDER

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i. The petition is allowed .

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ii. The impugned proceedings in C.C.No.2766/2021, pending on the file of II Addl. Civil Judge and J.M.F.C, Magadi, Ramanagar District insofar it relates to petitioners herein, are hereby quashed.

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It is made clear, this Court has not adjudicated the validity of the alleged power of attorney executed by accused No.1 in favour of accused No.4, and the Trial Court in pending suit filed by the accused No.1 is at liberty to adjudicate the same without being influenced by any observations made in this order, and the observation made, if any, is only for the purpose of the present petition.

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All contentions are kept open.

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Sd/-

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(HEMANT CHANDANGOUDAR) JUDGE

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GVP List No.: 2 Sl No.: 8

Venkateshalu K v. State of Karnataka

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Venkateshalu K v. State of Karnataka

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