- 1 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 155 OF 2024 C/W CRIMINAL PETITION NO. 222 OF 2024 CRIMINAL PETITION NO. 368 OF 2024 IN CRL.P No. 155/2024 BETWEEN: 1. SMT SHRUTHI RAJASHEKAR W/O B PRATHAP KUMAR AGED ABOUT 35 YEARS NO.24/1, GF 31ST CROSS S ABHAIAHREDDY LAYOUT BEHIND INCHARA HOTEL PUTTENAHALLI MAIN ROAD JP NAGAR, BENGALURU CITY PIN-560 078, AND ALSO: R/A AG-44, GROUND FLOOR A BLOCK, 'A' BLACK, GM INFINITE PHASE-1, THIRUPALYA MAIN ROAD ELECTRONIC CITY PHASE-1 BENGALURU SOUTH-560 100. …PETITIONER (BY SRI. R V ANAND, ADVOCATE) AND: 1. THE STATE BY HEBBAGODI PS BENGALURU RURAL REPTD. BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT BUILDING BENGALURU-560 001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 2. SRI NAVARATHNA KUMAR JOHNSON S/O NAVARATHNA KUMAR AGED ABOUT 41 YEARS NO.15/1, 4 A MAIN B CROSS KALYANANAGAR, NAGARABHAVI BENGALURU CITY, PIN-560072 AND ALOS AT: NO.572/1, 1453 GOVINDASHETTY PALYA KONAPPANA AGRAHARA BEGUR HOBLI BENGALURU-560 100. …RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; R2-SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.625/2023 (HEBBAGODI POLICE STATION, BENGALURU RURAL) FOR THE OFFENCE P/U/S 406 AND 420 OF IPC AND SAME IS PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU. IN CRL.P NO. 222/2024 BETWEEN: 1. SRI SANKETH @ SANKRTHA MOHAN CHIPLOONKAR S/O MOHAN J CHIPLUNKAR AGED ABOUT 35 YEARS, R/AT NO.826, VASANTH VIHAR COLONY 2ND STAGE, RC NAGAR BELAGAVI TILAKAVADI, PIN-5600789 AND ALSO: R/AT 003, SHIVADURGA GLKULAM APARTMENT K L V LAYOUT B K CIRCLE JP NAGAR 8TH PHASE, VTC BANGALORE SOUTH, P O BANNERGHATTA ROAD, BANGALORE DISTRICT -560076. (AS PER AADDHAR CARD ADDRESS MENTIONED) - 3 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 2. MAHESH @ MAHESH B KUNARDESAI S/O BALAPPA C HENNAMALLAPPA KUMARDESAI AGED ABOUT 29 YEARS, NO.16 MARKET STREET GUDDADMA MATH P.O NARENDRA, DHARAWAD DISTRICT PIN-580005 (AS PER AADHAR CARD MENTIONED IN ADDRESS) ...PETITIONERS (BY SRI. SRINATHA B V., ADVOCATE) AND: 1. THE STATE BY HEBBAGODI PS BENGALURU RURAL REPTD BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT BUILDING BENGALURU-560 001. 2. SRI NAVARATHNA KUMAR JOHNSON S/O NAVARATHNA KUMAR AGED ABOUT 41 YEARS, NO.15/1, 4 A MAIN, B CROSS, KALYANAGAR NAGARABHAVI BENGALURU CITY, PIN-560072 AND ALO AT: NO.572/1, 1453 GOVINDASHETTY PALYA, KONAPPANA AGRAHARA BEGUR HOBLI BENGALURU-560 100. ...RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; R2-SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.625/2023 (HEBBAGODI POLICE STATION, BENGALURU RURAL) FOR THE OFFENCE P/U/S 406 AND 420 OF IPC AND THE SAME IS PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU. - 4 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 IN CRL.P NO. 368/2024 BETWEEN: 1. SRI. PRATHAP KUMAR. B S/O BALAKRISHNA AGED ABOUT 40 YEARS NO.24/1, GF 31ST CROSS S ABBAIAH REDDY LAYOUT BEHIND INCHARA HOTEL PUTTENAHALLI MAIN ROAD J P NAGAR, BENGALURU CITY PIN-560 078, AND ALSO AT NO.AG-44, A BLOCK GROUND FLOOR, G M INFINITE PHASE-1, THIRUPALYA MAIN ROAD ELECTRONIC CITY PHASE-1 BENGALURU-560 100. ...PETITIONER (BY SRI. ANAND R V., ADVOCATE) AND: 1. THE STATE BY HEBBAGODI P S BENGALURU RURAL REPTD. BY STATE PUBLIC PROSECUTOR ATTACHED TO HIGH COURT BUILDING BENGALURU-560 001. 2. SRI NAVARATHNA KUMAR JOHNSON S/O NAVARATHNA KUMAR AGED ABOUT 41 YEARS NO.15/1, 4 A MAIN B CROSS KALYANAGAR, NAGARABHAVI BENGALURU CITY, PIN-560072 AND ALSO AT NO.572/1, 1453 GOVINDASHETTY PALYA KONAPPANA AGRAHARA BEGUR HOBLI, BENGALURU-560 100. ...RESPONDENTS (BY SRI. M R PATIL, HCGP FOR R1; R2-SERVED) - 5 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.625/2023 (HEBBAGODI POLICE STATION, BENGALURU RURAL) FOR THE OFFENCE P/U/S 406 AND 420 OF IPC AND THE SAME IS PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners—Accused Nos. 1 to 4—who are facing investigation for offences punishable under Sections 406 and 420 of the IPC, have approached this Court seeking relief. 2. The 2nd respondent lodged an FIR stating that Accused No. 1 induced the 2nd respondent (the complainant) to form a company for the purpose of purchasing electrical goods and selling them to customers. The 2nd respondent invested money to incorporate the company, but Accused No. 1, with an intention to deceive, diverted the customers, suppliers, and profits to a company owned by Accused No. 4. It is further alleged that Accused Nos. 2 and 3, who were employees of the complainant’s company, conspired with Accused Nos. 1 and 4 to wrongfully divert the customers, suppliers, and profits, thereby defrauding the complainant. - 6 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 3. Heard the learned counsel for the petitioner, the learned High Court Government Pleader, and the learned counsel for Respondent No. 2. 4. A perusal of the FIR indicates that the complaint does not contain specific averments detailing the alleged diversion of business to the company owned by Accused No. 4. Furthermore, there is no material evidence to substantiate the claim that the profits of the complainant’s company were diverted to Accused No. 4. Apart from the self-serving statement of the complainant, there is no substantive evidence against the petitioners to establish that they conspired to divert customers, suppliers, and profits to a company owned by Accused No. 4. Therefore, in the absence of substantive evidence, the petitioners—Accused Nos. 1 to 4—cannot be subjected to investigation based on omnibus and general allegations. On the face of it, the allegations in the complaint do not disclose the commission of the offences alleged against the petitioners. 5. Accused Nos. 1 to 3 were in possession of vehicles and laptops entrusted to them in their capacity as directors and employees of the complainant’s company. These vehicles and laptops have been returned to the complainant’s company during the course of the investigation. - 7 - NC: 2025:KHC:10052 CRL.P No. 155 of 2024 C/W CRL.P No. 222 of 2024 CRL.P No. 368 of 2024 6. Accordingly, the petitions are allowed. 7. The impugned FIR in Crime No. 625/2023, registered by the Hebbagodi Police Station, Bengaluru Rural, insofar as it relates to the petitioners in these cases, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 100