SANJAY S/O GURUPADAPPA HALLYAL S/O GURUPADAPPA HALLYAL vs STATE OF KARNATAKA, MARKET P.S BELAGAVI

Court
Karnataka High Court

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CRL.P No. 104715 of 2025


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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 104715 OF 2025

(482(CR.PC)/528(BNSS)

BETWEEN:


1. SANJAY S/O. GURUPADAPPA HALLYAL
S/O. GURUPADAPPA HALLYAL
AGED ABOUT 51 YEARS,
OCC: PRIVATE EMPLOYED,
R/O. H.NO.20/77, “BASAV KRUPA”,
SHREE RAM NAGAR, SHINDOLLI,
TQ & DIST: BELAGAVI-591124.
… PETITIONER
(BY SRI. Z.M.HATTARKI, ADVOCATE)

AND:

1. STATE OF KARNATAKA,
MARKET P.S BELAGAVI,
REPTD. BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.

2. SHANKAR S/O. KRISHNAPPA ARKASALI
S/O KRISHNAPPA ARKASALI
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. H.NO.48, MAILARALINGESHWAR NAGAR,
GOKUL HUBLI, TQ. AND DIST: DHARWAD-580030.
… RESPONDENTS
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1,
SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R2)










Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
MARKET POLICE STATION, BELAGAVI CRIME NO. 200/2025
FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4),
319(2), 336(2), 336(3), 340(2), 339 OF BNS WHICH IS
PENDING ON THE FILE OF II JMFC BELAGAVI AND ALL OTHER
PROCEEDINGS ARISING THERE FROM AGAINST THE
PETITIONER/ACCUSED NO. 1.

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

CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T

ORAL ORDER

Heard Sri.Z.M.Hattarki, learned counsel for the
petitioner, Sri. Praveena D.Devareddiyavara, learned High
Court Government Pleader for the respondent-State and
Sri.Iranagouda K.Kabbur, learned counsel for respondent
No.2.

2. This petition is filed by the petitioner–accused
No.1, under Section 482 of the Criminal Procedure Code
(Section 528 of BNSS, 2023), seeking quashing of the
entire proceedings in Market Police Station, Belagavi in
crime No.200/2025, registered for the offences punishable
under Sections 318(4), 319(2), 336(2), 336(3), 340(2),

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339 of BNS, 2023, pending on the file of the II JMFC,
Belagavi.

3. The brief facts of the prosecution case in
nutshell are as under:
On 11.10.2025, the defacto complainant lodged a
complaint to the respondent-police alleging that he is a
registered GPA holder of one Sri. Atul Kalyani, who is
owner of immovable property bearing CTS No. 2324/6
measuring 6 guntas, situated at Hanumannagar, Belagavi,
registered in the year 2023, and the defacto complainant
put in possession of the said property. On 30.09.2025, the
defacto complainant came to know that on 29.08.2025 the
petitioner got sale deed in his name by impersonating the
original owner Atul Kalyani and transferred all records to
his name wherein it shows that a sum of Rs.1,09,78,960/-
was paid to the owner. Hence, he lodged the complaint.

4. Taking exceptions to the same, the petitioner
has filed this petition.

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5. Learned counsel for the petitioner vehemently
contended that the defacto complainant is not owner of
the aforesaid property, but he is a stranger and he has no
locus standi to lodge the complaint. Further, there was
transaction between the original owner Atul Kalyani and
the present petitioner since the year 2022 through his
brother-in-law one Jagdish Gowda, as the original owner
Sri.Atul Kalyani has opened a company in the name of
Shine Mart Industries Private Limited and doing share
trading business. Believing the words of said Atul Kalyani,
the petitioner has invested Rs.20,00,000/- from KVG Bank
to Axis Bank of Atul Kalyani. After this investment, Atul
Kalyani has given bond and for 3 months, he has
deposited Rs.4,18,000/- to the account of the petitioner as
a profit. Being impressed and influenced by the payment
made by Atul Kalyani, the petitioner has sold his entire
agricultural land which was standing in the name of his
wife and son and transferred Rs.1,10,00,000/- to the
account of Atul Kalyani and about 23 families have

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invested more than Rs.2,47,00,000/- as per the assurance
of Sri.Atul Kalyani. Based on these facts, the petitioner has
filed information to the Belagavi City CEN Police Station,
which was registered as crime No.93/2024 for the offences
punishable under Sections 406 and 420 of IPC against Atul
Kalyani on 24.10.2024. The investigation of this case is
pending before the said police station.

6. During the investigation based on the
information given by petitioner, Atul Kalyani has contacted
the petitioner and to settle the financial transaction
between petitioner and Atul Kallani, he has convinced the
petitioner to take the said plot in lieu of his investment
made in Shine Mart Industries Private Limited. In that
context, on 29.08.2025, Atul Kalyani executed a registered
sale deed in the petitioner and the same was registered on
01.09.2025. Therefore, there is no question of cheating or
impersonation or forgery on the part of the petitioner. It is
contented that the ingredients of Sections 420, 468 and
419 are not attracted. At the most, the original owner,

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Atul Kalyani, has to approach the civil court challenging
the registered sale deed. Hence, the continuation of
proceedings will amount to abuse of process of law.
Hence, learned counsel for the petitioner prayed to allow
the petition.

7. Per contra, learned counsel for respondent
No.2 vehemently contended that petitioner has
impersonated the original owner Atul Kalyani and got
registered the sale deed in his favour. The original owner
Atul Kalyani has supported the complaint averments and it
requires trial. Hence, learned counsel for respondent No.2
prays to reject the petition.

8. Learned HCGP contended that that investigation
is under progress and it requires full-fledged trial. Hence,
learned HCGP prayed to reject the petition.

9. The perusal of the material available on record,
it clearly demonstrated that the first information was
lodged by the GPA holder of original owner Atul Kalyani.

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The defacto complainant has not furnished the copy of the
GPA in question. Admittedly, the original owner of the land
in question by name Atul Kalyani has not lodged any
complaint against the petitioner alleging that the petitioner
has created registered sale deed in his name by
impersonating him. The records further reveals that there
was a transaction between the petitioner and original
owner Atul Kalyani in respect of purchase of some shares
through Shine Mart Industries Private Limited, wherein the
petitioner and his family members have invested more
than Rs.2,47,00,000/- and the said amount was
transferred to the account of original owner Atul Kalyani.

10. In this case, how the defacto complainant is
aggrieved is not forthcoming. The perusal of the material
available on record, the defacto complainant made
allegations that he has cheated the defacto complainant,
who is the GPA holder of original owner Atul Kalyani by
creating forged sale deed by impersonation. Hence, it is

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just and necessary to analyze Sections 318(4) of BNS,
2023, which reads as under:
“Section 318(1): Whoever, by deceiving any
person, fraudulently or dishonestly induces the
person so deceived to deliver any property to any
person, or to consent that any person shall retain
any property, or intentionally induces the person so
deceived to do or omit to do anything which he
would not do or omit if he were not so deceived, and
which act or omission causes or is likely to cause
damage or harm to that person in body, mind,
reputation or property, is said to cheat.
Section 319(1) A person is said to cheat by
personation if he cheats by pretending to be some
other person, or by knowingly substituting one
person for or another, or representing that he or any
other person is a person other than he or such other
person really is.”

11. The perusal of the aforesaid proposition of law
and the contents of FIR and CD file furnished today, it is

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clearly demonstrated that the original owner ought to have
lodged the complaint or he ought to have challenged the
registered sale deed standing in the name of the
petitioner. Instead of doing so, the GPA holder has lodged
the complaint. Learned counsel for respondent No.2
submits that no consideration is passed under the
registered GPA. Hence, the GPA holder also do not have
any locus standi to lodge the complaint against the
present petitioner, when the original owner is still alive
and who had transactions with the petitioner in an earlier
occasion. Therefore, continuation of criminal proceedings
is definitely amount to abuse of process of law.

12. Accordingly, this court proceeds to pass the
following:
ORDER
allowed
i. The criminal petition is .

ii. The entire proceedings in Market Police Station,
Belagavi in crime No.200/2025, registered for

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the offences punishable under Sections 318(4),
319(2), 336(2), 336(3), 340(2), 339 of BNS,
2023, pending on the file of the II JMFC,
Belagavi, insofar as petitioner/accused No.1 is
concerned, are hereby quashed.
In view of the disposal of the petition, pending I.A’s,
if any, stand disposed of.


Sd/-
(VENKATESH NAIK T)
JUDGE

MBS
CT:GSM
LIST NO.: 1 SL NO.: 10