- 1 - NC: 2025:KHC:10944 CRL.P No. 10240 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. 10240 OF 2023 BETWEEN: SRI. INDER KUMAR S/O KANAN R M AGED ABOUT 36 YEARS, R/A NO.34 INDER ILLAM, PIONEER DEFENCE HOUSING COLONY, ADARSH NAGAR, BANGALORE CITY KARNATAKA - 560 032 …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. SUJATHA N D/O LATE NARAYANASWAMY B K AGED ABOUT 33 YEARS, NO.20, OLD CEMENT LINE, AUSTIN TOWN, BENGALURU CITY, KARNATAKA - 560047. …RESPONDENTS (BY SRI. RAJESH RAI, HCGP FOR R1 R2 SERVED) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.178/2022 DATED 11.06.2022 REGISTERED BY SUBRAMANYAPURA POLICE STATION, FOR OFFENCE P/U/S 406, 420, 504, 506 R/W 34 OF IPC, PURSUANT TO THE CHARGE SHEET DATED 28.01.2023 AND ALL FURTHER PROCEEDINGS IN C.C.NO.22219/2023, PENDING ON THE FILE OF THE 4TH ADDNL. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10944 CRL.P No. 10240 of 2023 CHIEF METROPOLITAN MAGISTRATE COURT, BANGALORE CITY 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, who has been charge-sheeted as Accused No. 6 for offences punishable under Sections 406, 420, 504, and 506 read with Section 34 of the IPC, has approached this Court seeking relief. 2. The prosecution alleges that the complainant’s father was a member of 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, each paying ₹10,000 to the Sangha for site allotment. 3. After many of the original office bearers of the Sangha passed away, Accused Nos. 1 to 3, along with others, re- registered the Sangha and obtained a bulk allotment from the Bengaluru Development Authority (BDA). However, instead of allotting the sites as per the bulk allotment, - 3 - NC: 2025:KHC:10944 CRL.P No. 10240 of 2023 Accused Nos. 1 to 3, in their capacity as office bearers of the Sangha, executed a registered Sale Deed dated 22.02.2019, conveying the subject site in favor of petitioner (Accused No. 6). 4. When the complainant and other charge-sheet witnesses approached the Sangha to question this transaction, the office bearers allegedly abused and threatened them with dire consequences. 5. Heard the learned counsel for the petitioner, the learned High Court Government Pleader (HCGP) for Respondent No.1 – State, and the learned counsel for Respondent No.2. 6. A perusal of the charge-sheet material indicates that the complainant and other charge-sheet witnesses were allegedly members of the Sangha who paid ₹10,000 each between 1988 and 1992. The Sangha subsequently executed a registered Sale Deed in favor of the petitioner on 22.02.2019. 7. It is undisputed that the petitioner was neither an office bearer of the Sangha nor did he have any authority to allot sites to its members. He is merely a bona fide purchaser - 4 - NC: 2025:KHC:10944 CRL.P No. 10240 of 2023 who acquired the subject site through a legally registered Sale Deed. 8. Whether the complainant and the other charge-sheet witnesses are entitled to site allotment is a matter to be adjudicated before the appropriate forum and cannot be resolved through criminal proceedings. Furthermore, 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. 9. Thus, the essential elements constituting the offences alleged against the petitioner are absent. Under such circumstances, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) Criminal Petition is allowed. ii) The impugned proceedings in C.C. No.22219/2023 on the file of IV - 5 - NC: 2025:KHC:10944 CRL.P No. 10240 of 2023 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 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.: 0