- 1 - NC: 2025:KHC:10262 CRL.P No. 10192 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 10192 OF 2023 BETWEEN: SRI. INDER KUMAR S/O KANNAN R M, AGED ABOUT 36 YEARS, R/A NO 34, INDER ILLAM, PIONEER DEFENCE HOUSING COLONY, ADARSH NAGAR, BANGALORE CITY, KARNATAKA 560032 …PETITIONER (BY SRI. ARNAV A BAGALWADI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION, REPRESENTED BY THE SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE 560001 2. SMT CHANDRA D/O NOT KNOWN, AGED ABOUT 54 YEARS, NO 154, 2ND MAIN ROAD, NEW BINNY LAYOUT, BENGALURU CITY, KARNATAKA 560061 …RESPONDENTS (BY SRI. RAJESH RAI, HCGP FOR R1 SRI DILRAJ ROHIT SEQUEIRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.177/2022 DATED 11.06.2022 Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10262 CRL.P No. 10192 of 2023 REGISTERED BY SUBRAMANYAPURA POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 406, 420, 504, 506 R/W 34 OF IPC, PURSUANT TO CHARGE SHEET DATED 19.11.2022 AND ALL FURTHER PROCEEDINGS IN C.C.NO.6013/20023 PENDING ON THE FILE OF THE IV A.C.M.M., BENGALURU AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner‑accused No. 6, who has been charge‑sheeted for offences punishable under Sections 406, 420, 504, and 506 read with Section 34 of the IPC, is before this Court. 2. The prosecution alleges that the complainant’s father was a member of the Binnypete Nivasigala Seva Sangha and had subscribed to membership by paying ₹10,000 for the allotment of a site in 1988. Similarly, 413 persons applied for membership, with each member paying ₹10,000 to the Sangha for site allotment. After many of the original office bearers of the Sangha had expired, accused Nos. 1 to 3, along with others, re‑registered the Sangha and obtained a bulk allotment - 3 - NC: 2025:KHC:10262 CRL.P No. 10192 of 2023 from the Bengaluru Development Authority (BDA). Instead of allotting the sites claimed under this bulk allotment, accused Nos. 1 to 3, as office bearers of the Sangha, conveyed the subject site in favor of petitioner‑accused No. 6 by executing a registered Sale Deed dated 11.05.2018. When the complainant and other charge‑sheet witnesses approached the Sangha to question this transaction, the office bearers abused them and threatened them with dire consequences. 3. Heard the learned counsel for the petitioner, the learned HCGP for Respondent No. 1 – State, and the learned counsel for Respondent No. 2. 4. A perusal of the charge‑sheet material indicates that the complainant and the other charge‑sheet witnesses were allegedly members of the Sangha who paid ₹10,000 each between 1988 and 1992. The Sangha executed a registered Sale Deed in favor of the petitioner on 07.05.2018. The petitioner is neither an office bearer of the Sangha nor does he have any authority to allot sites to its members; he is merely a bona fide purchaser who acquired the subject site through a registered Sale Deed. Whether the complainant and the other - 4 - NC: 2025:KHC:10262 CRL.P No. 10192 of 2023 charge‑sheet witnesses are entitled to an allotment is a matter to be adjudicated before the appropriate forum and cannot be addressed in a criminal proceeding. Moreover, there is no allegation that the petitioner colluded with the office bearers of the Sangha to deprive the complainant and the other witnesses of their alleged legitimate right to an allotment. Therefore, the essential elements constituting the commission of the offences alleged against the petitioner are conspicuously absent. Under such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law. 5. Accordingly, I pass the following: ORDER i) Criminal Petition is allowed. ii) The impugned proceedings in C.C. No.6013/2023 on the file of IV Additional CMM Court, Bengaluru City insofar as it relates to accused No.6 is hereby quashed. iii) The Trial Court shall proceed against other accused persons in accordance with law without being influenced by any - 5 - NC: 2025:KHC:10262 CRL.P No. 10192 of 2023 observation made in this order and the observation made hereinabove is only for the purpose of present petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BS List No.: 1 Sl No.: 106