- 1 - HC-KAR NC: 2025:KHC:19750 CRL.P No. 1123 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1123 OF 2024 BETWEEN: 1. SRI MUNIANJANAPPA S/O PATELAPPA, AGED ABOUT 46 YEARS, RESIDING AT MADAPPANAHALLI VILLAGE, HESARAGHATTA HOBLI, BENGALURU – 560 089. 2. N.K.LAKSHMANA MURTHY S/O LATE KESHAVAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO.38, 3RD CROSS, MUNIVERAPPA LAYOUT, SHAMPURA BENGALURU – 560 032. …PETITIONERS (BY SRI VENKATACHALAPATHI S.K., ADVOCATE) AND: 1. STATE BY D.J. HALLI POLICE STATION, BENGALURU CITY REPRESENTED BY LEARNED, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19750 CRL.P No. 1123 of 2024 HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. SRI UDAYBHASKAR J.V., AGED ABOUT 51 YEARS POLICE INSPECTOR FRAUD AND MISAPPROPRIATION SQUAD, C.C.B BENGALURU BENGALURU – 560 023. …RESPONDENTS (BY SRI P.TEJESH, HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET DATED 25.12.2012, FILED BY THE RESPONDENT NO.1 D.J.HALLI P.S. IN CR.NO.240/2011 PENDING ON THE FILE OF THE LEARNED XI A.C.M.M COURT MAYO HALL AT BENGALURU IN C.C.NO.50553/2013 FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC AND SEC.119 OF KARNATAKA EDUCATION 1995. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners - accused 4 and 13 are at the doors of this Court calling in question proceedings in C.C. No.50553/2013, pending before the XI Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru. - 3 - HC-KAR NC: 2025:KHC:19750 CRL.P No. 1123 of 2024 2. Heard Sri S.K.Venkatachalapathi, learned counsel for petitioners and Sri P. Tejesh, learned High Court Government Pleader for respondent No.1. 3. Learned counsel appearing to the petitioners submits that qua the other accused, on the same allegations, a coordinate bench has quashed the proceedings against – accused Nos.6 to 8 in Crl.P.No.3300/2017, disposed on 24.02.2022 and following the same, this Court has quashed the proceedings against accused Nos.1, 5 and 11 in Crl.P.No.2989/2022, disposed on 27.07.2022. He would submit that as the issue standing answered by the judgments rendered by the coordinate bench and followed by this Court, the unmistakable inference would be, obliteration of the proceedings. 4. Learned High Court Government Pleader would not dispute the position of law; the identical circumstance and afore-quoted judgments rendered by the coordinate bench and this Court following the same. - 4 - HC-KAR NC: 2025:KHC:19750 CRL.P No. 1123 of 2024 5. This Court in Crl.P.No.2989/2022, disposed on 27.07.2022, has held as follows: 7. The afore-narrated facts are not in dispute. The petitioners herein are accused Nos.1, 5 and 11. The Co- ordinate Bench of this Court while considering the case in respect of other accused persons in respect of the same incident, in Crl.P.No.3300/2017 by order 24.02.2022, has observed as under: “6. Admittedly, the Police on credible information went to the place of the incident and found that the accused were preparing answer to the questions in a small chits so as to help the students who were appearing for the II year nursing examination and seized the bus in which the said incident has taken place by drawing the mahazar on the very same day. The offence alleged against the petitioners are cognizable offence for which no preliminary enquiry is required to be held. On receiving credible information the Police Inspector should have taken steps immediately to register the FIR as required under Section 156 of Cr.P.C., particularly on receiving credible information with regard to commission of cognizable offence. The Apex Court in the case of Lalitha Kumari supra, has held that, registration of FIR mandatory under Section 154 of the Code, if the information received discloses commission of cognizable offence and no preliminary enquiry is permissible in such a situation. Hence, the registration of the impugned FIR is vitiated.” In view of the judgment of the Co-ordinate Bench of this Court quashing proceedings against other accused persons, the petitioners herein are also entitled for the similar relief, on parity, as is granted in the afore-quoted judgment.” - 5 - HC-KAR NC: 2025:KHC:19750 CRL.P No. 1123 of 2024 In that light, the petitioners – accused Nos.4 and 13 are also entitled for the similar relief, on parity, as is granted in the afore-quoted judgments. 6. For the aforesaid reasons, the following: ORDER i) The Criminal Petition is allowed. ii) Impugned proceedings in C.C. No.50553/2013, arising out of Crime No.240/2011, pending on the file of the XI A.C.M.M. at Mayo Hall, Bengaluru, stand quashed qua the petitioners. I.A.No.1/2024 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 18