Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 27037 (KAR)

SRI G. MADAN MOHAN v. STATE OF KARNATAKA

CRL.P/7064/2023 · 2025-03-12

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10555 CRL.P No. 7064 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7064 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI G. MADAN MOHAN S/O LATE SRI K.G. GUNASHEKAR, AGED ABOUT 41 YEARS, R/AT NO.203, NANDINI LAKE VIEW APARTMENT, PUTTENAHALLI CIRCLE, J.P. NAGAR 7TH PHASE, BENGALURU-560 078. …PETITIONER (BY SRI. P. RAGHAVAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CENTRAL CRIME BRANCH, WOMAN'S PROTECTION WING, SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 009. 2. STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION, SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 078. 3. SRI SANKETH KUMAR SURUVASE S/O SRI SHANKAR BABURAO SURUVASE, AGED ABOUT 23 YEARS, R/AT MENTHENGALLI, HANUMAN TEMPLE ROAD, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10555 CRL.P No. 7064 of 2023 HALANDHA TALUK, GULBARGA VILLAGE, GULBARGA DISTRICT-585 101. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1 & R-2; R-3 SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO CALL FOR RELEVANT RECORDS, ALLOW THIS CRIMINAL PETITION BY QUASHING THE FIR FILED IN CR.NO.73/2022 BY SADASHIVANAGAR POLICE, BENGALURU AND NOW ENQUIRING BY THE CCB (WPW SQUAD) WHEREIN IT IS MENTIONED AS MADAN INSTEAD OF MADAN @ MAHADEV RAO AS PER THE COMPLAINT PENDING ON THE FILE OF LEARNED I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the FIR registered in Crime No.73/2022 of Sadashivanagar Police Station, for offences punishable under Section 506, 504, 420, 465, 468 and 471 r/w 34 of IPC. 2. The complainant, Sanket Kumar Suruvase, son of Shankar Baburao Suruvase, has alleged that the accused persons demanded a sum of Rs.85,00,000/- to be given in four installments to provide a medical seat. - 3 - NC: 2025:KHC:10555 CRL.P No. 7064 of 2023 Accused Nos. 1 and 2 initially received Rs.18,00,000/-, followed by Rs.8,00,000/- and Rs.40,00,000/-, while an additional sum of Rs.20,00,000/- was received by Accused Nos. 1 and 3, thereby totalling Rs.86,00,000/-, which was obtained under the pretext of securing a medical seat to the complainant, however, cheated the complainant and his father. 3. It is contended by the learned counsel that petitioner is innocent and he is falsely implicated in this case, there is no nexus between the petitioner and the alleged offence and the complainant is totally a stranger to the petitioner. He contended that in the complaint the name of one Madan @ Mahadevarao is mentioned whereas, the petitioner is not the said person, the name of the petitioner is G.Madan Mohan and not Madan @ Mahadevarao. He therefore contended that the entire proceedings against the petitioner is an abuse of process of the Court. He contended the complaint is filed with a malafide motive and in the event the investigation is - 4 - NC: 2025:KHC:10555 CRL.P No. 7064 of 2023 continued against the petitioner, he will be put to great hardship. 4. The FIR is registered against three named accused and the officials of M.S.Ramaiah Medical College. One Madan is arraigned as accused No.2 in the FIR. As per complaint averments, accused No.1 by name Nagaraju Siddanna by promising the complainant and his father that he will provide medical seat, introduced them to one Madan @ Mahadevarao and the said Madan @ Mahadevarao approached them and demanded a sum of Rs.85,00,000/- to provide a seat under the management quota. The contention of the learned counsel that the petitioner is not the said Madan @ Mahadevarao cannot be accepted at this stage. The question as to whether the petitioner is the same person who was introduced by accused No.1 to the complainant is a matter which has to be investigated and cannot be decided in this petition. 5. As per the petition averments, petitioner was served with a police notice and he has appeared before - 5 - NC: 2025:KHC:10555 CRL.P No. 7064 of 2023 the police and participated in the enquiry. Further, he was granted anticipatory bail by the Sessions Court on certain terms and conditions. The investigation in this case is still pending. The statutory duty of the police to conduct investigation into the allegations cannot be interfered with. It is for the investigation Officer to verify as to the claim of the petitioner and file a necessary report. It is always open for the petitioner to place all the material before the investigation officer in support of his contention, which have to be taken into consideration by the investigation officer before filing the final report. 6. With the above observation, petition is dismissed. I.A.No.1/2023 is disposed of accordingly. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 23 Ct:ar