Karnataka High Court
CRL.P/1299/2026 of SRI C CHANNA NAIKA Vs STATE OF KARNATAKA on 22 September 2026
CNR: KAHC010061712026 NC: 2026:KHC:52137 CRL.P No. 1299 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 1299 OF 2026 BETWEEN: SRI. C. CHANNA NAIKA S/O. CHIKKA NAIKA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 1299 OF 2026
BETWEEN:
SRI. C. CHANNA NAIKA
S/O. CHIKKA NAIKA,
AGED ABOUT 52 YEARS,
IN-CHARGE SUB-REGISTRAR,
SUB-REGISTRAR OFFICE,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 236
R/AT NO.63, 3RD MAIN,
3RD CROSS, JAYANAGAR,
MYSURU CITY - 570 014.
…PETITIONER
(BY SRI. PANCHAM R.D, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY SOMWARPET POLICE,
SOMWARPET TALUK,
KODAGU DISTRICT - 571 236,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2.
SRI. GANAPATHI K.M
S/O. LATE AYYAMMA,
HC-KAR
AGED ABOUT 65 YEARS,
R/AT BILIGERI VILLAGE AND POST,
MADIKERI TALUK,
KODAGU DISTRICT - 571 201.
…RESPONDENTS
(BY SRI. NAGHARISH G.S, HCGP FOR R1;
R2 - SERVED)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF
CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY
SOMWARPET POLICE, IN CRIME NO.201/2025 FOR THE
OFFENCE P/US/ 318(4), 61(2) OF BNS 2023 PENDING ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC
SOMAWARPET, KODAGU DISTRICT, AGAINST THE PETITIONER
IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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ORAL ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1.
2. The second respondent though served, is not present before the Court.
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3. This petition is filed to quash the complaint in FIR registered before the Somwarpet Police in Crime No.201/2025 for the offences punishable under Sections 318(4) and 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.
4. The learned counsel for the petitioner would submit that the petitioner is the Sub-Registrar/accused No.3. The petitioner has registered the document in accordance with law.
5. The allegation of the complainant is that accused No.2 is the purchaser and accused No.1 is the relative of accused No.2. Accused No.1 and 2 in collusion with the Sub- Registrar have got the sale deed registered in the name of accused No.2 from the complainant.
6. The learned counsel for the petitioner would further submit that Sub-Registrar has only carried out his duty in registering the document and it is not a case of impersonation or it is not a case where the fake documents are allegedly received.
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7. It is the further submission that the Sub- Registrar/accused No.3 cannot be prosecuted for carrying out the official work of registration, where he has no jurisdiction to reject the registration of the document, which is presented in accordance with law.
8. Learned counsel for the petitioner would also submit that the issue raised in the petition is covered in terms of the judgment rendered by the Court in the case of BHIMASHANKAR Vs. STATE & ANOTHER1.
9. The learned High Court Government Pleader would oppose the petition on the ground that there is an allegation of conspiracy against the petitioner and same has to be investigated.
10. This Court has considered the contentions raised at the bar and perused the records.
11. It can be noticed from the contents of the complaint that there is no allegation of impersonation or there is no 1 Criminal Petition No.200822/2022 disposed on 09.11.2023
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allegation of fake documents being used for the purpose of registration. The complainant states that he has been taken to the office of the Sub-Registrar by accused No.1 and 2 and got the document registered without disclosing the true nature thereof.
12. The Court has also taken note of Section 58(2) of the Registration Act, 1908 and Rule 73 of the Karnataka Registration Rules, 1965.
13. It is also submitted that subsequently, the sale deed is cancelled and registered cancellation deed is executed on 26.11.2025 and the same is duly registered.
14. After considering the registered document which is produced along with the petition, the Court is of the view that the Sub-Registrar cannot be made as a party to this criminal proceedings where there is an allegation of fraud against the accused No.1 and 2. The Court does not find any justification in directing the investigation against this petitioner.
15. Under the circumstances, the following:
HC-KAR
ORDER
(i) The criminal petition is allowed.
(ii) FIR in crime No.201/2025 registered by Somwarpet Police against accused No.3/petitioner is quashed.
(ANANT RAMANATH HEGDE) JUDGE
JY List No.: 1 Sl No.: 9