- 1 - NC: 2025:KHC:6259 CRL.P No. 5997 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5997 OF 2024 BETWEEN: SRI R SAMPATH KUMAR S/O RAMAKRISHNA AGED ABOUT 39 YEARS, R/AT NO.42, 1ST MAIN ROAD, 1ST CROSS, LBS NAGAR, BENGALURU NORTH BENGALURU-560017 …PETITIONER (BY SRI. AMARESH, C.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VARTHUR P S., VARTHUR BANGALORE-560087 REP STATE BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. 2. MR KARTHIK MALLARAJU ARASU BY ADMINISTRATIVE OFFICER CHRYSALIS HIGH SCHOOL NO.219/3 AND 219/5, SH 35, VARTHUR, BANGALORE-560087 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL SPP FOR R1; SRI. BASAVARAJU S., SR. ADVOCATE FOR SRI GOUTHAM A.R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1) AFTER PERUSING THE RECORDS, QUASH THE FIR AND COMPLAINT REGSITERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONER (ACCUSED NO.1) IN CR.NO.269/2024, OF THE VARTHUR POLICE OF II ADDL. CHIEF JUDICIAL MAGISTRATE BANGALORE RURAL Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6259 CRL.P No. 5997 of 2024 DISTRICT, FOR THE OFFENCE P/U/S 381 OF IPC AS PRODUCED AT ANNEXURE-A.2) GRANT COST OF THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "Quash the F.I.R. and complaint registered by the 1st respondent police against the petitioner (accused no.1) in Crime No.269/2024 of the Varthur Police of II Addl. Chief Judicial Magistrate, Bangalore Rural District for the offence punishable under section 381 of I.P.C. as produced at Annexure-A". 2. A perusal of the material on record would indicate that it is an undisputed fact that the petitioner who is an ex-employee of Chrysalis High School of which the respondent No.2/Complainant was the Administrative Officer. On 08.05.2024, the respondent No.2 alleged the instant complaint against the petitioner/Accused No.1 and two other accused persons as hereunder: Date: 08.05.2024 Place: Bangalore To, The Police Inspector, Varthur Police Station, Bangalore - 57. - 3 - NC: 2025:KHC:6259 CRL.P No. 5997 of 2024 From, Administrative officer, Chrysalis High School, No.219/3 & 219/5 SH.35, Varthur Road, Bangalore-87 Sub: Complaint about theft in our school campus. Dear sir, This is to bring to your notice that Mr.Sampath kumar(ex-employee), Mr. Arun kumar (store executive) and Goutham Kumar(security supervisor) had entered the school premises on Sunday 7th April 2024 at 09.00am, while entering the main building Mr. Sampath had switched off the UPS power and went to the counseling room which is in 3rd floor. There also he had tried to switch off the DVR, luckily it was not switched off camera was working, Mr Sampath had told to Mr. Arun to stole the computer system (Desktop monter, keyboard and mouse plug) mean while Mr. Sampath had stolen the Goutham Kumar to other room and given the laptop. As of now we have found only 2 assets are missing further we will have the complete audit of our school assets of submitted our report. Mr. Arun Kumar had confessed with us he has stolen desktop from school with the infovur of Mr. Sampath Kumar. Requesting you to enquire them to help us to get our stolen assets. 1. Mr. Sampath Kumar - 9916944299 2. Mr. Arun Kumar - 9110664893 3. Mr. Goutham Kumar - 6362608630 Thanking You. - 4 - NC: 2025:KHC:6259 CRL.P No. 5997 of 2024 3. A plain reading of the averments made in the complaint, even if taken at face value, clearly demonstrate that the necessary ingredients constituting the offence under Section 381 of IPC are not forthcoming in the complaint as against the petitioner and consequently continuation of the impugned proceedings qua the petitioner would amount to abuse of the process of law warranting interference in the present petition. In the result, the following: ORDER [a] The petition is allowed. [b] The impugned proceedings in Crime No.269/2024 on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District, as against petitioner- Accused No.1 are quashed. [c] Liberty is reserved in favour of the respondent No.2 to lodge a fresh complaint against the petitioner in accordance with law. [d] It is needless to state that the impugned proceedings shall proceed against the Accused Nos.2 and 3 without being influenced by the present order. Sd/- (S.R.KRISHNA KUMAR) JUDGE AN/- List No.: 1 Sl No.: 28