- 1 - HC-KAR NC: 2025:KHC:22906 CRL.P No. 1710 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1710 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PRAVEEN @ PAVEEN C. N., S/O LATE C. P. NANJAPPA, AGED ABOUT 50 YEARS, R/O No.210, A BLOCK, 2ND FLOOR, SAICON CRESIDIA APARTMENTS, HORAMAVU MAIN ROAD, (NEXT TO HOME BUS) BANASWADI, BENGALURU - 560043. …PETITIONER (BY SRI. HITESH C. S., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS HALASURU POLICE STATION, BENGALURU CITY, REP. BY HIGH COURT S.P.P., HIGH COURT OF KARNATAKA, BANGALORE - 560001. 2. MR. B. N. NYAMAGOUDA, S/O UNKNOWN, AGED ABOUT MAJOR, R/O C. C. B. SPECIAL ENQUIRY, N.T.PETE, BENGALURU CITY, BANGALORE - 560001. …RESPONDENTS (BY SRI NAGESHWARAPPA, HCGP FOR R1 & R2) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22906 CRL.P No. 1710 of 2025 THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.No.6247/2015, REGISTERED FOR THE OFFENCE P/U/S 419, 420, 465, 468, 471 A/W 120B OF IPC, 1860., SEC.12B OF PASSPORT ACT AND 67 OF IT ACT, 2000 PENDING ON THE FILE OF THE 1ST ADDL. CMM BENGALURU AS AGAINST THE PETITIONER IS CONCERNED. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs; "Quash the charge sheet filed against the petitioner in Cr. No.0050/2012 registered by the Halasuru Police Station as Vide Annexure-C and quash the cognizance and issuance of process against the petitioner as Vide Annexure-D in C.C.No.6247/2015, for the alleged offences p/u/s IPC (Sec.420, 465, 468, 471), passport act and 1967 (U/s-12B) which is now pending on the filed of I ACMM Court, Bengaluru, as these Petitioner are at no fault, by allowing this Criminal Petition, in the interest of Justice and equity." 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent Nos.1 and 2. 3. Perusal of material on record would indicate that the respondents have instituted the impugned proceedings against the petitioner for the offences punishable under Sections 419, - 3 - HC-KAR NC: 2025:KHC:22906 CRL.P No. 1710 of 2025 420, 465, 468, 471 along with 120 of IPC, 1860 and Section 12(B) of Passport Act and Section 67 of I.T. Act, 2000. It is on record and undisputed fact that other than the present proceeding, 15 other identical/similar proceedings were initiated against the petitioner, amongst which, 13 proceedings culminated in discharge of the petitioner and two proceedings were quashed by this Court in Crl.P.No.5823/2016 c/w Crl.P.No.5824/2016 vide order dated 29.09.2016, which reads as under; " The petitions though coming on for admission, are heard and disposed of by this common order, since the petitioner is common in both the petitions and the facts also being identical. Heard the learned counsel for the petitioner and the learned State Public Prosecutor. 2. The present petitioner is arrayed as Accused No.3 in a pending criminal case. It is stated that there were as many as cases filed against the petitioner and others, in the following background: It was the case of the complainant one Hithendra, a Police Inspector that he had received information from his superior that active human trafficking of minor children from India to United States of America (USA) was going on by creating forged documents. On the basis of the information gathered, he was directed to investigate and register a case. Consequently, he had - 4 - HC-KAR NC: 2025:KHC:22906 CRL.P No. 1710 of 2025 registered a case against 13 accused, including the present petitioner, in as many as 13 cases. It was alleged that one Geetha Prakash of Marathahalli, Bangalore, was a passport holder and it was to expire on 26.12.2012. She had made an application for renewal of her passport and was able to get her passport renewed. 3. The accused No.1 Sangeetha Prakash had obtained a passport in favour of her minor daughter Maneesh Prakash on 20.10.2014. Further, it is alleged that Accused No.1 had left to USA in December 2014, along with her children Master Prajval Prakash and Kum. Maneesh Prakash. The respondent – police alleged that the present petitioner had helped Accused No.1 in obtaining the passport in favour of her children, though they were not her biological children and it was made out that they were mentioned to be her children for the purpose of passport and in order to traffic the children to USA for immoral and illegal purposes. It was in that background that the accused were taken into custody on discovery that the passports had been obtained by such modus operandi of making it seem that Accused No.1 was the natural biological parent of the children. The so-called parents would take the children to USA for illegal purposes. After handing over the children to the recipients in the USA, the so-called parents would return to India. It is in this background that the petitioner also was arrayed as one of the accused. However, it was in retrospect found that the petitioner was innocent and he had merely come to - 5 - HC-KAR NC: 2025:KHC:22906 CRL.P No. 1710 of 2025 Bangalore on a visit from Gonikoppa in Madikeri and he had come with his family and since he knew one of the accused, he had stayed with him, in order to save on lodging elsewhere and it is that misfortune that the police have made him also an accused, since he was seen in the company of the accused. It is in this circumstance that he has been arrayed as an accused in as many as 13 cases. It is stated that out of the 13 cases registered, he has been discharged in 11 cases. However, it is only these two stray cases in which the police have proceeded further, though the allegations in all the cases was identical insofar as the petitioner’s role is concerned. Hence, he seeks that he be discharged in those two pending cases as well, namely in C.C.No.52988/2016 and C.C.No.53071/2016. 4. The learned State Public Prosecutor would concede that the allegations against the petitioner in all the cases as stated, was identical and there is no reason as to why he should be prosecuted in the remaining two cases. 5. Consequently, the petitions are allowed. The proceedings pending in C.C.No.52988/2016 and C.C.No.53071/2016 on the file of the X Additional Chief Metropolitan Magistrate, Mayohall, Bangalore, are quashed insofar as the petitioner is concerned." 4. In view of the material on record that out of 15 similar/identical proceedings against the petitioner, he has - 6 - HC-KAR NC: 2025:KHC:22906 CRL.P No. 1710 of 2025 been discharged in 13 proceedings and two proceedings against him were quashed by this Court, invoking the doctrine of parity, I am of the considered opinion that the impugned proceedings also deserves to be quashed. Hence, the following; Order (i) Criminal petition is allowed. (ii) The charge sheet in C.C.No.6247/2015 pending on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.50/2012, registered by Halasur Police Station, Bangalore City, for the offences punishable under Sections 419, 420, 465, 468, 471 along with 120 of IPC, 1860 and Section 12(B) of Passport Act and Section 67 of I.T. Act, 2000, is quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MV, List No.: 1 Sl No.: 12