- 1 - NC: 2025:KHC:4513 CRL.P No. 1358 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1358 OF 2024 BETWEEN: 1. MR CHANDAN SON OF SHRI SRINIVASA, AGED ABOUT 26 YEARS, RESIDING AT FLAT NO. 204, 5TH CROSS, NO. 85, S G PALYA, DRC POST, VENKATESHWARA LAYOUT, BENGALURU-560 029. 2. MR. RAGHAVENDRA SON OF MR VIJAY, AGED ABOUT 31 YEARS, RESIDNG AT NO. 40/1, 4TH FLOOR, KAVERI LAYOUT, TAVARAE KERI MAIN ROAD, S G PALYA, BANGALORE-560 029. …PETITIONERS (BY SRI.DHANANJAY JOSHI, SENIOR ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BELLANDURU POLICE STATION, BANGALORE-560 103. Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4513 CRL.P No. 1358 of 2024 REPRESENTED BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. MS. THEJASHREE N.C, AGED ABOUT 26 YEARS, RESIDING AT NO. 197, 7TH CROSS, OPP. BANGALORE BAZAR, BELLANDURU, BANGALORE - 560 103. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R1, SRI. PRASANNA KUMAR.S, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE IMPUGNED COMPLAINT, FIR AND CHARGE SHEET (ANNEXURE-A, B, C AND D) FILED BY THE RESPONDENT NO.1 POLICE IN CR.NO.141/2020 FILED BY THE RESPONDENT NO.2 ON THE COURT OF IV ADDL.C.M.M., BENGALURU SEEKING THE PETITIONERS PROSECUTION FOR ALLEGED OFFENCES P/U/S 406, 407, 419, 420, 120B, 354 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4513 CRL.P No. 1358 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners- accused Nos.2 and 3 in Crime No.141/2020 seek the following reliefs: "(a) QUASH the impugned Complaint, FIR, Charge Sheet and Additional Complaint (Annexure-A, Annexure-B, Annexure-C and Annexure-D) filed by the Respondent No.1 (Bellandur Police Station) Police in Crime No.141/2020 filed by the Respondent No.2 in the Court of the Hon'ble IV Additional Chief Metropolitan Magistrate Bangalore, seeking the Petitioners' prosecution for alleged offences under Section 406 (punishment for criminal breach of trust), 417 (punishment for cheating), 419 (punishment for cheating by personation), 420 ( cheating and dishonestly inducing delivery property), Section 120 B (punishment for criminal conspiracy), Section 354 (assault or criminal force to women with intent to outrage her modesty) and Section 34 (acts done by several persons in furtherance of common intention), Indian Penal Code, 1860; (b) GRANT such further and other orders and / or directions as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case." - 4 - NC: 2025:KHC:4513 CRL.P No. 1358 of 2024 2. A perusal of the material on record will indicate that on 01.06.2020, respondent No.2-complainant filed a complaint against accused No.1-Hanamanth Kollur without making any allegations as against the petitioners herein and in the said complaint, all the allegations are directed only against accused No.1-Hanamanth Kollur as well as a reference is made therein to one Deepak and Jyotsna. The said complaint having been registered as FIR in Crime No.141/2020, respondent No.2- complainant filed an additional complaint on 27.07.2020 for the first time making allegations against various persons along with accused No.1 including the petitioners therein. The said complaint culminated in the impugned charge sheet and as such, the petitioners are before this Court by way of the present petition. 3. Heard learned Senior counsel for the petitioners, learned counsel for respondent No.2, learned HCGP for respondent No.1 and perused the material on record. 4. A perusal of the material on record, in particular the initial complaint dated 01.06.2020 will clearly indicate that the same does not contain any allegations, whatsoever, as against - 5 - NC: 2025:KHC:4513 CRL.P No. 1358 of 2024 the petitioners herein, who are not even named in the said complaint. So also the entire allegations are directed as against accused No.1-Hanamanth Kollur, who is said to have facilitated amount being taken from various banks and credited to the account of respondent No.2 without her knowledge. However, for the first time in the subsequent complaint dated 27.07.2020, respondent No.2 appears to have roped in various persons along with accused No.1 including the petitioners herein by making vague, bald and omnibus allegations including without narrating or giving details of any of the ingredients of the aforesaid offences being committed by the petitioners/accused Nos.2 and 3. 5. Under these circumstances, in the light of the first complaint dated 01.06.2020, in which the petitioners herein are neither named nor any allegations made against them coupled with the second complaint which is completely bereft of sufficient allegations constituting offences under Sections 506, 34, 504, 120B, 406, 420, 354, 417 of IPC against the petitioners/accused Nos.2 and 3, it is clear that the second complaint purporting to incriminate the petitioners is clearly an afterthought in the light of the omnibus allegations made - 6 - NC: 2025:KHC:4513 CRL.P No. 1358 of 2024 against various persons including the petitioners/accused Nos.2 and 3 without there being any material particulars or details in this regard, I am of the considered opinion that continuation of the proceedings qua the petitioners/accused Nos.2 and 3 would amount to abuse of process of law warranting interference by this Court in the present petition. 6. In the result, the following: ORDER i) The criminal petition is allowed. ii) The entire proceedings in C.C.No.5901/2021 pending before IV ACMM, Bengaluru, arising out of FIR in Crime No.141/2020 registered by respondent-Police, qua the petitioners, are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 11