- 1 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3144 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. MANNUR NAGARAJA S/O LATE THIMMAPPA, AGED ABOUT 48 YEARS, RESIDING AT 277/A, FLAT NO.107, SLN ENCLAVE, 8TH CROSS ROAD, 4TH MAIN ROAD, NEAR MUNESHWARA SWAMY TEMPLE, SRINIVASANAGAR, BANASHANKARI 1ST STAGE, BANGALORE-560050. …PETITIONER (BY SRI. PRAVEEN S.,ADVOCATE) AND: 1. STATE BY CCB (SE) SQUAD RAJAJINAGAR POLICE STATION, REPRESENTED BY HCGP, HIGH COURT BUILDING, BANGALORE-560001. 2. SRI. K.S. RAMESH AGED ABOUT 60 YEARS, S/O SRINIVAS IYENGAR, RESIDING AT NO.473, 55TH CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE-560029. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR R1; R2 IS SERVED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR AGAINST THE PETITIONER IN CRIME NO.22/2023 ON 22.02.2023 ON THE FILE OF HONBLE 1ST ACMM, BANGALORE FOR OFFENCES U/S 417, 420, 465, 468, 471 R/W 34 OF IPC AND 66(C) OF THE INFORMATION TECHNOLOGY ACT REGISTERED BY CCB(SE) SQUAD AT RAJAJINAGAR P.S. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by accused No.3 in FIR No.22/2023 of Rajajinagar Police Station, registered against 3 named accused and others for offences Punishable under Section 420, 465, 468, 471, 417 read with Section 34 of IPC and Section 66(C) of the Information Technology Act, 2000. 2. In brief, the case of the prosecution is that, certain brokers are engaged in fabricating documents to get pension for persons under the age of 60 years under Sandhya Suraksha Pension Scheme and Indira Gandhi National Pension Scheme, at Jayangar and Rajajinagar Nadakacheri. - 3 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 3. It is alleged that accused were collecting Adhar cards from persons and editing the age, address and date of birth in the computers and getting pensions to fake beneficiaries in connivance with the Government officials. 4. It is vehemently contended by the learned counsel for petitioner that there are no explicit allegations against the petitioner whatsoever and therefore, continuation of proceedings against petitioner would result in abuse of process of law. He contended that the ingredients of Section 415 are to be satisfied to attract an offence under Section 420 of IPC and in the present case, as against the petitioner, such ingredients are not forthcoming. Petitioner has neither dishonestly induced nor played fraud nor misappropriated any property or valuable security of either the complainant or any other person and in the absence of these elements, offences alleged against the petitioner are not attracted. Further, there has to be fraudulent or dishonest use of a document as genuine and it shall be shown that the petitioner had the knowledge or - 4 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 reasonable belief that the document was forged one and it was altered or tampered, so as to attract the offences under Sections 465, 468 and 471 of IPC. 5. Learned counsel for petitioner has relied on a decision of the Apex Court in DEEPAK GABA AND OTHERS V/S. STATE OF UTTAR PRADESH AND ANTOHER reported in (2023) 3 SCC 423, in support of his contention. 6. Learned Additional SPP has contended that the investigation is in progress and the statements of the persons recorded during investigation clearly show the complicity of the petitioner in the alleged crime and as per PF-43/2023, from the custody of the petitioner, about 999 documents such as application and order copies regarding old age pensions are seized. 7. According to the prosecution, certain brokers in collusion with the Government Officials were found fabricating the documents to get pension for the persons - 5 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 below the age of 60 years under two schemes of the Government. It is alleged that the accused after collecting Adahar cards from the persons and editing the age, date of birth and address, are involved in getting the pension to fake beneficiaries. 8. It is too premature to hold at this stage that there was no intention on the part of the petitioner or the ingredients of the offences alleged are not attracted. Under PF.No.43/2023, applications and order copies in respect of old age pension are seized from the possession of the petitioner. The prerogative of the police to conduct investigation into the allegations and to file an appropriate report cannot be curtailed. It is well settled that the inherent power vested under Section 482 of Cr.P.C. (Section 528 of BNSS) has to be exercised sparingly in exceptional cases where no prima-facie case is made out or the averments in the complaint does not attract the ingredients of the offence. Considering the material - 6 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 collected so far, it cannot be said that there is no prima-facie case against the petitioner. 9. Learned counsel for petitioner has filed an application for direction to defreeze the account, freezed during the course of investigation. The learned Magistrate has rejected the application filed by the petitioner under Section 451 and 457 of Cr.P.C. The contention of the prosecution is that since the investigation is still under progress, if the account is defreezed, it will result in irreversible situation and there are chances that the petitioner may re-use the account for similar purpose. 10. Petitioner is permitted to challenge the order dated 02.07.2024, dismissing his application for defreezing the account by way of separate petition. 11. The instant petition seeking quashing of the proceedings is dismissed, reserving liberty to challenge the final report, if any filed against the petitioner. - 7 - NC: 2025:KHC:17865 CRL.P No. 3144 of 2023 Consequently I.A.No.1/2024 and I.A.No.1/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 17