- 1 - NC: 2025:KHC:908 CRL.P No. 11637 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 11637 OF 2022 BETWEEN: SMT. PRIYADARSHINI, W/O DEEPAK RAJ, AGED ABOUT 41 YEARS, INCHARGE MANAGER, HEJAMADI DIESEL BUNK AND UDUPI DISTRICT CO.OP DAKSHINA KANNADA DISTRICT FISH MARKETING FEDERATION ALSO AT DEVI KRUPA KUTHUPAID VILLAGE AND POST, UDUPI DISTRICT. …PETITIONER (BY SRI. KARUNAKARA P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CID REP. BY DY. S.P. SPECIAL ENQUIRY DIVISION AND ECONOMIC OFFENCES CRIMINAL INVESTIGATING DEPARTMENT (CID), ANNEXE BUILDING, CARLTON HOUSE, 1 PALACE ROAD, BANGALORE -560 001, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA. 2. SMT. ANJNADEVI T., ASST. DIRECTOR FISHERIES (GRADE-1), GANGOLLI FISHING, HARBOUR, GANGOLI, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:908 CRL.P No. 11637 of 2022 KINDAPURA TALUK, UDUPI, KARNATAKA. …RESPONDENTS (BY SRI. VENKATSATHYANARAYAN, HCGP FOR R1; R2 - SERVED- UNREPRESENTED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.39/2021 OF ADDL. SENIOR CIVIL JUDGE, ACJM UDUPI FOR THE OFFENCES P/U/S 406, 408 AND 420 OF IPC AND CONTINUATION OF THE PROCEEDINGS AGAINST THE PETITIONER BASED ON THE COMPLAINT REGISTERED BY PADUBIDRE POLICE IN CRIME NO.119/2017. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused No.1 in Crime No.119/2017 of Padubidri Police Station, now pending in C.C.No.39/2021 on the file of the learned Additional Senior Civil Judge and CJM Udupi is seeking to quash the criminal proceedings initiated against him for the offences punishable under Sections 406, 408 and 420 of Indian Penal Code (for short 'IPC'). - 3 - NC: 2025:KHC:908 CRL.P No. 11637 of 2022 2. Brief facts of the case are that, respondent No.2 being the Assistant Director of Fisheries filed the first information against accused Nos.1 and 2 being the Manager and Managing Director of Dakshina Kannada and Udupi District Co-operative Fish Marketing Federation, Mangaluru alleging commission of the offences punishable under Sections 406, 408 and 420 read with Section 34 of IPC. It is alleged that the petitioner has misappropriated funds of about Rs.9,940/- while distributing the diesel under the subsidized rate with the fishermen. The Investigating Officer undertook investigation and filed the charge sheet against accused Nos.1 to 3 for the aforesaid offences. It is stated that, the diesel was being supplied under the subsidized rate by the Government of Karnataka for the fishing goods. Accused No.1 during 2014-15 distributed diesel to 10 such boats and as per the bill, the quantum of diesel supplied was Rs.36,963/-. At that time, subsidy of Rs.7.28/- was availed. On verification of the passbook with the fishermen only diesel worth Rs.35,138/- were distributed and there was difference of Rs.1,025/-. - 4 - NC: 2025:KHC:908 CRL.P No. 11637 of 2022 The accused being the Manager, who was authorized to distribute the diesel, has misappropriated Rs.13,286/- and committed cheating, which is punishable under Sections 406, 408 and 420 of IPC. 3. The petitioner being Accused No.1 is before this Court seeking to quash the criminal proceedings initiated against him. 4. Heard Sri. Karunakara.P, learned counsel for the petitioner and Sri. Venkat Sathyanarayan, learned HCGP for respondent No.1. Perused the material on records. 5. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Negative' for the following: - 5 - NC: 2025:KHC:908 CRL.P No. 11637 of 2022 R E A S O N S 6. The petitioner is said to be the Manager of Dakshina Kannada and Udupi District Co-operative Fish Marketing Federation Branch at Hejamadi. According to learned counsel for petitioner, the petitioner was an incharge Manager and it may not be the duty of the petitioner to enter the quantum of diesel supplied to the fishermen. As per the final reports submitted by the Investigating Officer, an audit was undertaken to find out as to whether there was misappropriation or not and as per the audit report, there was misappropriation of Rs.13,286/-. Therefore, there are prima facie materials to constitute the offences in question. When admittedly, the petitioner was the Manager or the incharge Manager working at the relevant point of time, I find prima facie materials to constitute the offences as alleged. 7. The contention of learned counsel for the petitioner that the statements of some of the witnesses do not disclose commission of offence or, that it was accused - 6 - NC: 2025:KHC:908 CRL.P No. 11637 of 2022 Nos.2 and 3, who were liable for supply of diesel and recording the same in the passbook, or that the petitioner is only the incharge Manager and that he has not dealt with distribution of diesel, cannot be accepted at this stage. The petitioner is at liberty to take such defence before the Trial Court during the trial and it is for the Trial Court to consider such defence after full fledged trial, but the same cannot be a ground for quashing the criminal proceedings as there are prima facie materials to constitute the offences. Hence, I answer the above point in the Negative and proceed to pass the following: ORDER The petition is dismissed. Sd/- (M G UMA) JUDGE PHM List No.: 2 Sl No.: 31