SRI UDAYSHANKAR S M S/O MAHANTHAPPA S R vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18355
CRL.P No. 103390 of 2025
CNR: KAHC020138912025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 103390 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
SRI. UDAYSHANKAR S.M. S/O. MAHANTHAPPA S.R.,
AGED ABOUT 46 YEARS,
ST ST
PRESENTLY R/AT #S1, 1 STAGE, 1 MAIN,
K.H.B. COLONY, NEAR KRISHNA KALYANA MANTAPA,
BASAVESHWARANAGAR, BANGALORE NORTH,
BANGALORE-560 079.
ADDRESS AS PER CHARGE SHEET:
R/AT. BASAVESHWAR NAGAR,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
TH ND
8 MAIN, 2 ‘D’ CROSS,
BENGALURU-560 079.
…PETITIONER
(BY SRI. MOHANKUMARA D., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY GANDHINAGAR POLICE STATION, BALLARI,
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
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HC-KAR
NC: 2026:KHC-D:18355
CRL.P No. 103390 of 2025
CNR: KAHC020138912025
HIGH COURT COMPLEX, DHARWAD-580 011.
2. SRI. CHITTI BABU
CHIEF MINISTERIAL OFFICER,
OFFICE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND CJM., BALLARI, KARNATAKA-583 101,
R/BY. ITS STATE PUBLIC PROSECUTOR, H.C.
DHARWAD.
…RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
R2-NOTICE SERVED)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE
ENTIRE PROCEEDINGS, IN SO FAR AS PETITIONER / ACCUSED
NO.4 IS CONCERNED, INITIATED BY THE LEARNED PRINCIPAL
CIVIL JUDGE AND JMFC, BALLARI, IN C.C NO.1458/2017, FOR
OFFENCES PUNISHABLE UNDER SECTIONS 403, 406, 409, 420,
465, 466, 468, 471, 474, 381, 120B, 511 R/W. 34 OF INDIAN
PENAL CODE, REGISTERED BY THE RESPONDENT
GANDHINAGAR POLICE STATION, BALLARI, IN CRIME
NO.0111/2017 AND ETC.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-D:18355
CRL.P No. 103390 of 2025
CNR: KAHC020138912025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)
1) The petitioner is arrayed as Accused No. 4 before this
Court, seeking to quash the entire proceedings in C.C.
No.1458/2017 for offences punishable under Sections
403, 406, 409, 420, 465, 466, 468, 471, 474, 381,
120-B, and 511 read with Section 34 of the Indian Penal
Code, registered by the Gandhinagar Police Station,
Ballari, in Crime No. 0111 of 2017.
Brief facts of the case :
2) The case of the prosecution is that on 20.06.2017 at
about 02:30 p.m., one Mr. Shafi, accounts sheristedar of
the Court, received an information from one Mr. Gopi son
of Subramani, from Bengaluru, accompanied by an
advocate who had presented Fixed Deposit (FD) receipt
for Rs. 54,32,000/- allegedly deposited in the name of the
Principal Civil Judge and CJM, Ballari in O.S. No. 95 of
2011 for encashment from the State Bank of Mysuru,
Main Branch, Ballari. Upon verification, bank officials
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HC-KAR
NC: 2026:KHC-D:18355
CRL.P No. 103390 of 2025
CNR: KAHC020138912025
suspected the authenticity of the FD receipts and
registered a case against Accused Nos. 1 and 2. They
were apprehended by the respondent police, and their
voluntary statements were recorded. Based on their
confessional statements, other accused persons have
been implicated in the case. Following the investigation, a
charge sheet has been filed against all the accused
persons, including the petitioner.
3) Heard Sri Mohankumar D, learned counsel for the
petitioner and Sri Praveen Y Devareddiyavar, learned
High Court Government Pleader for respondent No.1-
State.
4) It is the submission of the learned counsel for the
petitioner that, it is third successive petition filed by the
petitioner seeking to quash the entire proceedings. The
petitioner had approached the Co-ordinate Bench of this
Court on two occasions which came to be dismissed.
However, the present petition is filed under changed
circumstances.
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CRL.P No. 103390 of 2025
CNR: KAHC020138912025
5) It is further submitted that, during the course of
investigation, accused Nos. 1 and 2 disclosed the names
of accused Nos. 3 to 5. T he entire case is based on the
voluntary statements of Accused Nos. 1 and 2 without
any corroboration. The statement of a co-accused is
inadmissible in evidence, and a conviction cannot be
sustained solely on the basis of such a statement.
6) It is further submitted that, accused Nos.3 and 5 had
approached this Court in Crl.P.Nos.100129/2020 and
100590/2023 respectively. Both the petitions were
allowed and entire proceedings against them were
quashed. The present petitioner is also standing on the
same footing as that of accused Nos. 3 and 5. Therefore,
the benefit of parity may be extended even to the present
petitioner. Making such submissions, he prays to allow
the petition.
7) Per contra, learned High Court Government Pleader
appearing for respondent No. 1-State vehemently
submitted that the involvement of the present petitioner
has been proved and established by the filing of the
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CRL.P No. 103390 of 2025
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charge sheet. The averments in the charge sheet indicate
that the present petitioner, who is arrayed as Accused No.
4, was involved in a conspiracy with Accused Nos. 1 and
2. Even though the Court did not pass any order to
release the amount in favour of the parties to the
proceedings in O.S. No. 95 of 2011, the present petitioner
instigated Accused Nos. 2 and 3 to go to the bank to
encash the amount. Therefore, there are primai-facie
materials leveled against the present petitioner. Hence, it
is not appropriate to quash the proceedings, and he prays
for the dismissal of the petition.
8) Having heard learned counsel for the respective parties
and on perusal of the averments in the charge sheet,
Accused Nos. 3 to 5 are standing on the same footing.
They have been implicated on the basis of confessional
statements made by Accused Nos. 1 and 2. No doubt,
similar allegations have been made against Accused Nos.
3 and 5; however, the Co-ordinate Bench of this Court
quashed the entire proceedings against them. Having
considered the said orders and on going through the facts
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CRL.P No. 103390 of 2025
CNR: KAHC020138912025
and circumstances of the case, I am of the considered
opinion that the petition deserves to be allowed on the
ground of parity. Hence, I proceed to pass the following:
ORDER
allowed.
(i) The petition is
(ii) Entire proceedings in C.C No.1458/2017,
for offences punishable under Sections
403, 406, 409, 420, 465, 466, 468, 471,
474, 381, 120b, 511 r/w. 34 of Indian
Penal Code, registered by the respondent
Gandhinagar Police station, Ballari, in
Crime No.0111/2017 , is hereby quashed.
Sd/-
(S.RACHAIAH)
JUDGE
VMB/JS
CT:PA
List No.: 19 Sl No.: 2