- 1 - NC: 2025:KHC:16107 WP No. 9124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9124 OF 2025 (GM-RES) BETWEEN: 1. SRI. T. N. JAYASHANKARA S/O SRI T C NANJUNDAPPA AGED ABOUT 50 YEARS, OCC SERVICE ADD D-18, 2ND FLOOR, PRANAV APARTMENTS 1ST CROSS, SADASHIVA NAGAR BANGALORE-80 …PETITIONER (BY SRI. DALWAI VENKATESH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CRIME INVESTIGATION DEPT PALACE ROAD BANGLAORE-1 REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE. …RESPONDENT (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16107 WP No. 9124 of 2025 SPL C NO. 1092/2019, SPL C NO.1097/2019, SPL C NO.1180/2019, SPL. C NO.1221/2019, SPL.C NO.1173/2019, SPL.C NO.1161/2019, SPL.C NO.1141/2019, SPL.C NO.1179/2019, SPL.C NO.1135/2019, SPL.C NO.1172/2019, SPL.C NO.1184/2019, SPL.C NO.1137/2019, SPL.C NO.1162/2019, SPL.C NO.1093/2019, SPL.C NO.546/2019, SPL.C NO.1223/2019, SPL.C NO.834/2018, SPL.C NO.1099/2019, SPL.C NO.1100/2019, SPL.C NO.1094//2019, SPL.C NO. 1222/2019, SPL.C NO.1091/2019, SPL.C NO. 1096/2019, SPL.C NO.1095//2019, SPL.C NO. 1098/2019, SPL.C NO. 547/2019, SPL.C NO.1138/2019, SPL.C NO.1176/2019 AND SPL.C NO. 1181/2019 FOR THE OFFENCES UNDER SECTION 120-B, 403, 406, 409, 417, 420, R/W 34 OF IPC R/W SECTION 9 OF KPID AND FE ACT, PENDING ON THE FILE OF LEARNED 32ND ADDL. CITY CIVIL JUDGE AND SESSIONS JUDGE AND SPECIAL JUDGE CBI, AT BANGALORE PRODUCED AT ANNEXURE-D1 TO D 29 (IN SO FAR AS PETITIONER IS CONCERNED ACCUSED NO 6 IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner who is facing trial in several criminal proceedings for the offence punishable under Sections 403, 406, 409, 419, 420, 465, 467, 468, 471 and 120B and Section - 3 - NC: 2025:KHC:16107 WP No. 9124 of 2025 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 is before this Court seeking the following reliefs: "a. Issue a writ in the nature of certiorari by quashing the entire proceedings in SPL C.NO. 1092/2019, SPL C NO.1097/2019, SPL.C NO.1180/2019, SPL.C NO.1221/2019, SPL.C NO.1173/2019, SPL.C NO.1161/2019, SPL.C NO.1141/2019, SPL.C NO.1179/2019, SPL.C NO.1135/2019, SPL.C NO.1172/2019, SPL.C NO.1184/2019, SPL.C NO.1137/2019, SPL.C NO.1162/2019, SPL.C NO.1093/2019, SPL.C NO.546/2019, SPL.C NO.1223/2019, SPL.C NO.834/2018, SPL.C NO.1099/2019, SPL.C NO.1100/2019, SPL.C NO.1094/2019, SPL.C NO.1222/2019, SPL.C NO.1091/2019, SPL.C NO.1096/2019, SPL.C NO.1095/2019, SPL.C NO. 1098/2019, SPL.C NO. 547/2019, SPL.C NO.1138/2019, SPL.C NO.1176/2019 AND SPL.C NO. 1181/2019 for the offences under Section 120-b, 403, 406, 409, 417, 420, r/w 34 of IPC R/w section 9 of KPID and FE act, pending on the file of Learned 32nd Addl City Civil Judge and Sessions Judge and Special Judge CBI, at Bangalore produced at Annexure-D1 to D 29 (In so far as petitioner is concerned accused no.6 in the interest of justice. b. Any other writ or direction may be kindly issued in the interest of justice." - 4 - NC: 2025:KHC:16107 WP No. 9124 of 2025 2. The prosecution alleges that the petitioner is one of the recipients of the amounts collected by the Company from various depositors. Several complaints were filed making similar allegations, and upon conducting an investigation, the police submitted charge sheets against the petitioner in as many as 27 cases. The common thread running through all these cases is the allegation that the petitioner received funds from the Company, which were originally collected from unsuspecting depositors. The core allegation against the petitioner is that he conspired with the Company to lure depositors into investing their money by falsely promising to allot residential sites at highly attractive and cheaper rates. 3. A careful perusal of the averments made in all the FIRs reveals that the accused persons collectively conspired with one another, acting pursuant to a common design and with a common intention, to cheat the depositors. In furtherance of this conspiracy, each accused is alleged to have played a distinct but integral role, contributing towards the accomplishment of the unified and overarching objective of the conspiracy. It is not the case of the prosecution that different accused persons joined the conspiracy at different points of time; rather, the allegations suggest that all the accused were part of a continuous and ongoing conspiracy from the outset, and the offences alleged were committed in furtherance of this original conspiracy without any interruption or fresh joining by new conspirators at different stages. 4. In support, reliance is placed on the decisions of the Hon’ble Supreme Court, which reads as under: - 5 - NC: 2025:KHC:16107 WP No. 9124 of 2025 i. T.T. Antony v. State of Kerala, reported in (2001) 6 SCC 348; ii. Amitbhai Anilchandra Shah v. Central Bureau of Investigation, reported in (2013) 6 SCC 348; iii. Babubhai v. State of Gujarat, reported in (2010) 12 SCC 254. 5. It is settled law that where multiple FIRs or charge sheets relate to the same offence or form part of the same transaction or conspiracy, subsequent FIRs or charge sheets can only be treated as supplementary to the original FIR. Therefore, in the present case, the charge sheets laid in the various crime numbers, arising from the same transaction and same set of allegations, are liable to be treated as supplementary charge sheets. 6. In view of the above facts and circumstances, continuation of multiple proceedings against the petitioner for the same set of facts and allegations would amount to an abuse of the process of law and cause grave prejudice to the petitioner. Therefore, I proceed to pass the following: ORDER i. Writ petition is allowed. - 6 - NC: 2025:KHC:16107 WP No. 9124 of 2025 ii. The 32nd Addl. City Civil Judge and Sessions Judge and Special Judge CBI, Bangalore is hereby directed to treat the charge sheets filed in SPL C.NO. 1092/2019, SPL C NO.1097/2019, SPL.C NO.1180/2019, SPL.C NO.1221/2019, SPL.C NO.1173/2019, SPL.C NO.1161/2019, SPL.C NO.1141/2019, SPL.C NO.1179/2019, SPL.C NO.1135/2019, SPL.C NO.1172/2019, SPL.C NO.1184/2019, SPL.C NO.1137/2019, SPL.C NO.1162/2019, SPL.C NO.1093/2019, SPL.C NO.546/2019, SPL.C NO.1223/2019, SPL.C NO.834/2018, SPL.C NO.1099/2019, SPL.C NO.1100/2019, SPL.C NO.1094/2019, SPL.C NO.1222/2019, SPL.C NO.1091/2019, SPL.C NO.1096/2019, SPL.C NO.1095/2019, SPL.C NO. 1098/2019, SPL.C NO. 547/2019, SPL.C NO.1138/2019, SPL.C NO.1176/2019 AND SPL.C NO. 1181/2019 as additional charge sheet in Spl.C.C.No.1090/2019. iii. The impugned proceedings in SPL C.NO. 1092/2019, SPL C NO.1097/2019, SPL.C NO.1180/2019, SPL.C NO.1221/2019, SPL.C NO.1173/2019, SPL.C NO.1161/2019, SPL.C NO.1141/2019, SPL.C NO.1179/2019, SPL.C NO.1135/2019, SPL.C NO.1172/2019, SPL.C NO.1184/2019, SPL.C NO.1137/2019, SPL.C NO.1162/2019, SPL.C NO.1093/2019, SPL.C NO.546/2019, SPL.C NO.1223/2019, SPL.C NO.834/2018, SPL.C NO.1099/2019, SPL.C NO.1100/2019, SPL.C NO.1094/2019, SPL.C NO.1222/2019, SPL.C NO.1091/2019, SPL.C NO.1096/2019, SPL.C NO.1095/2019, SPL.C NO. 1098/2019, SPL.C NO. 547/2019, - 7 - NC: 2025:KHC:16107 WP No. 9124 of 2025 SPL.C NO.1138/2019, SPL.C NO.1176/2019 AND SPL.C NO. 1181/2019 pending on the file of 32nd Additional City Civil Judge and Sessions Judge and Special Judge, CBI, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 138