- 1 - NC: 2025:KHC:5898 CRL.P No. 977 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 977 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. D. V. SURESHA SON OF VENKATACHALAPPA, AGED ABOUT 51 YEARS, RESIDENT OF NEAR BHARATH PETROL PUMP, DEVANNANAPALYA, DASANAPURA, BANGALORE RURAL DISTRICT, PIN CODE-562 123. 2. D. B. RAVIKUMAR SON OF BYLAPPA, AGED ABOUT 60 YEARS, RESIDENT AT NO.35, DEVANNANAPALYA, DASANAPURA, BANGALORE RURAL DISTRICT, PIN CODE-562 123. …PETITIONERS (BY SRI. MOHAN KUMAR H. G., ADVOCATE) AND: 1. LOKAYUKTHA P.S. (EARLIER ACB) REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, KARNATAKA LOKAYUKTHA, BENGALURU RURAL DISTRICT POLICE STATION, BENGALURU-560 001. 2. T. R. KUMARASWAMY, POLICE INSPECTOR, ACB, BENGALURU RURAL DISTRICT PS, BENGALURU-560 001. …RESPONDENTS (BY SRI. LETHIF B., ADV. FOR R1 AND R2) Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5898 CRL.P No. 977 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE IMPUGNED COMPLIANT MADE BY THE 2nd RESPONDENT T.R.KUMARASWAMY, POLICE INSPECTOR (ACB) BENGALURU RURAL DISTRICT DATED 27.10.2018 (ANNEXURE A) AND IMPUGNED FIR DATED 27.10.2018 U/S. 7(a), 7A, 13(1)(a) OF PREVENTION OF CORRUPTION ACT 1998 (AMENDMENT 2018) IN CR.NO.9/2018 REGISTERED BY 1st RESPONDENT POLICE (ANNEXURE B) AND THE ENTIRE PROCEEDINGS IN SPL.C.NO.1144/2023 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU REGISTERED PURSUANT TO FILING OF CHARGE SHEET BY RESPONDENT NO.1 POLICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: a) QUASH the impugned complaint made by the 2nd respondent T.R. Kumaraswamy, Police Inspector (ACB), Bengaluru Rural District, dated 27.10.2018 (Annexure-A) and impugned First Information Report dated 27.10.2018 U/s. 7(a), 7A, 13(1)(a) of Prevention of Corruption Act, 1998 (Amendment 2018) in Crime No.9/2018 registered by 1st respondent police (Annexure-B) and the entire proceedings in Spl.Case No.1144/2023 on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, registered pursuant to filing of chargesheet by respondent No.1 police, in the interest of justice and equity. - 3 - NC: 2025:KHC:5898 CRL.P No. 977 of 2024 b) Pass any other order as this Hon’ble Court deems fit, in the facts and circumstances of the case, including the cost of this petition, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for respondent Nos.1 and 2 and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to a complaint given by respondent No.2 – Police against the petitioners-accused Nos.4 and 5 and three other persons, the proceedings against the petitioner – accused Nos.4 and 5 as well as accused Nos.1 to 3 were initiated in Crime No.9/2018 before the Sessions Court. In the said proceedings, Ranganatha M. was arraigned as accused No.2, who approached this Court in W.P.No.27705/2023. In this context, it is relevant to state that the petitioners are not public servants and they are only stamp vendors/deed writers as on the date of the alleged incident. It is also not in dispute that the aforesaid Ranganatha M., accused No.2 was a computer operator / SDA in the office of the Sub-Registrar and in the said W.P.No.27705/2023 disposed of on 14.12.2023, this Court quashed the proceedings qua accused No.2 - - 4 - NC: 2025:KHC:5898 CRL.P No. 977 of 2024 Ranganatha M., who was undisputedly a public servant by holding as under: “The registration of FIR for the offences punishable under Sections 7(a), 7A, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988, is impugned in this petition. 2. The complaint dated 27.10.2018 lodged by the Inspector of Police attached to the Anti Corruption Bureau to the Superintendent of Police in Crime No.09/2018 was registered for the aforesaid offences. 3. The substance of the complaint is that the complainant had received credible information from the public that the officers working at the Sub-Registrar, Dasanapura were collecting money to perform official duties through their agents. The Deputy Superintendent of Police directed a discreet enquiry and report to be submitted. Accordingly, a discreet enquiry was held in the office of the Sub-Registrar, Dasanapura, and it was found that many officers in the office of the Sub-Registrar, Dasanapura were collecting money through agents. Based on this, the office of the Sub-Registrar, Dasanapura was searched, and it was uncovered that the petitioner was in possession of a sum of Rs.6,930/-, which was unaccounted. 4. Heard the learned counsel for the parties. 5. The issue involved in this petition was examined by the coordinate Bench of this Court in WP No.9388/2020 - 5 - NC: 2025:KHC:5898 CRL.P No. 977 of 2024 (DD 15.11.2023), Crl.P No.4685/2019 (DD 5.10.2023) and No.200473/2023 c/w WP No.200524/2023 (DD 24.7.2023), wherein it was observed that in the absence of any demand and acceptance of gratification for doing any official working ,the prosecution of the petitioner therein for the offence punishable under Section 7A of the PC Act is arbitrary and notsustainable in law. Therefore, these petitions require to be disposed of in terms of the aforesaid orders. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in Spl.C No.1144/2023 pending on the file of the learned IX Addl. District and Sessions Judge, Bangalore Rural District, Bangalore, insofar as it relates to the petitioner herein stands quashed. iii) The competent Authority to initiate action against the petitioner for alleged possession of the money which was not accounted for in terms of the circular.” 4. In view of quashment of the proceedings as against a public servant, who was arraigned as accused No.2 viz., Ranganatha M. by this Court in W.P.No.27705/2023, by invoking / applying doctrine of parity, the question of continuation of the proceedings in relation to an incident pertaining to the - 6 - NC: 2025:KHC:5898 CRL.P No. 977 of 2024 petitioners/private persons, who were only stamp vendors/deed writers, deserves to be quashed. 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Spl.Case No.1144/2023 arising out of Crime No.9/2018 by respondent No.1-Police, pending on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 35