- 1 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.6078 OF 2024 C/W CRIMINAL PETITION NO.586 OF 2024 IN CRL.P No.6078/2024 BETWEEN: ARBAZ KHAN S/O KALEEM KHAN AGED ABOUT 27 YEARS R/A NO. 612, MANDIPETE CROSS G M STREET, DAIRA, CHANNAPATNA RAMANAGARA - 562160. …PETITIONER (BY SMT. S. SUSHEELA, SENIOR ADVOCATE FOR SRI. MANJUNATH .B.R, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANDEPALYA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560001. 2. SYED SAMEER AHMED S/O SYED KALEEM AHMED AGED ABOUT 38 YEARS R/AT VENSA ROYAL Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 G-04, 37/7 SOMASUNDARAPALYA MAIN ROAD BENGALURU - 560102. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. HARIPRASAD, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH FIR IN CR.NO.267/2023 OF BANDEPALYA P.S., WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/US/ 420, 465, 504 OF IPC WHICH IS PENDING ON THE FILE OF THE IX ACMM AT BENGALURU. IN CRL.P NO.586/2024 BETWEEN: 1. MANSOOR PASHA S/O ALINAWAZ AGED 31 YEARS R/AT NO.41/1, 10TH CROSS VIDYAPEETA ROAD, BAPUJI COLONY KENGERI, RAMOHALLI BANGALORE - 560 060. 2. RUQHIYA KOUSAR D/O MAZHAR ALI KHAN AGED 30 YEARS R/AT 5/7, 2ND CROSS CHURCH ROAD, BASAVANAGUDI BANGALORE - 560 004. ...PETITIONERS (BY SMT. S. SUSHEELA, SENIOR ADVOCATE FOR SRI. MANJUNATH .B.R, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 AND: 1. STATE OF KARNATAKA BY BANDEPALYA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. SYED SAMEER AHMED S/O SYED KALEEM AHMED AGED 38 YEARS R/AT VENSA ROYAL, G-04 37/7, SOMASUNDARAPALYA MAIN ROAD, BANGALORE - 560 102. ...RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. HARIPRASAD, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH FIR IN CR.NO.267/2023 OF BANDEPALYA P.S. WHICH AS BEEN REGISTERED FOR THE OFFENCE P/U/S 420, 465, 504 OF IPC WHICH IS PENDING ON THE FILE OF THE VII A.C.M.M AT BENGALURU. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The both petitions are filed by accused Nos.2 to 4 seeking quashing of the proceedings pending in Crime - 4 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 No.267/2023 for the offence punishable under Sections 420, 465 and 504 of IPC. 2. The gist of the complainant’s case is that while undertaking pilgrimage to Umrah, he traveled independently along with his friends on 07.04.2023. After completing Umrah, while proceeding towards Medina to join his friends near SASCO Petrol Bunk, Wadia-e-Fara (Saudi Arabia), on 08.04.2023, the complainant noticed that his passbook was missing. On the advice of his friends to lodge a complaint with the jurisdictional police and being unfamiliar with the Arabic language, the complainant contacted his friend Afzal, who, in turn, referred him to one Khasif. It is alleged that thereafter the complainant received a call from accused No.1 – Mohammed Faraz Ul Huq, a resident of Benson Town, Channapattana. 3. The complainant further alleges that accused No.1 informed him that Tatkal charges were payable for issuance of a passbook and demanded a sum of - 5 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 Rs.87,000/-. It is further alleged that under the pretext of submitting a bond before the police station at Medina, accused No.1 collected an additional amount of Rs.2,60,000/-. He is also alleged to have demanded and received a further sum of Rs.3,18,000/- towards securing a bond surety from Saudi Immigration for passport clearance. Portions of the said amounts were credited to the bank accounts of accused Nos.2 and 3 – Mansoor Pasha and Ruqhiya Kousar, as well as accused No.4 – Arbaaz, besides others. 4. Learned Senior Counsel appearing for the petitioners would contend that all the allegations are primarily directed against accused No.1, who alone demanded and collected money. The petitioners may be treated as prosecution witnesses since they had no role in the alleged commission of offence. It is further contended that the essential ingredients of Section 420 IPC are not attracted as against the petitioners and the amounts credited to their accounts have already been frozen by the - 6 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 competent authority. On these grounds, she seeks indulgence of this Court submitting that the petitioners are innocent persons falsely implicated in the case. 5. Per contra, learned counsel appearing for respondent No.2 – complainant, by inviting attention to the complaint, submits that the investigation reveals that money was routed to the accounts of the present petitioners. According to him, the ultimate beneficiaries were not only accused No.1 but also the petitioners. In view of the specific allegations that amounts were transferred into their accounts, he contends that the matter requires thorough investigation and no indulgence can be granted at this stage. 6. Having regard to the seriousness of the allegations and the manner in which large amounts of money were allegedly extorted from the complainant, learned counsel would urge that no relief ought to be granted at the stage of investigation. - 7 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 7. I have heard the learned Senior Counsel for the petitioners, learned counsel for respondent No.2 – complainant and the learned HCGP. I have also perused the records. 8. On a plain reading of the complaint averments, it clearly emerges that, at the instance of accused No.1, the amounts alleged to have been extorted from respondent No.2 – complainant came to be remitted and credited to the bank accounts of the present petitioners. The extent of involvement of these petitioners, in conspiracy with accused No.1 or otherwise, in the alleged acts of cheating and extortion, is essentially a matter for investigation. The very fact that substantial amounts stand credited to the accounts of these petitioners cannot be brushed aside at this stage. The veracity of the allegations, the role, if any, of each of the petitioners and the culpability attaching to them, can be ascertained only upon a thorough and fair investigation. If, in the course of investigation, the Investigating Officer concludes that - 8 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 there is no material to proceed against these petitioners, it is always open to him to take appropriate steps under law. However, as matters stand today, the admitted receipt of funds into the accounts of the petitioners, at the instance of accused No.1, prima-facie, necessitates a detailed investigation. Any premature indulgence by this Court, at this stage, would not only hamper the ongoing investigation but would also seriously prejudice the legitimate grievance raised by the complainant not only as against accused No.1 but also vis-à-vis the present petitioners. 9. In that view of the matter and on a meticulous consideration of the complaint averments and the submissions advanced, this Court is not inclined to invoke or exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure to quash the proceedings. Without expressing any opinion on the merits of the matter, it is deemed appropriate that the Investigating Officer be permitted to carry the investigation to its logical - 9 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 conclusion and to take such action as may be warranted in accordance with law. 10. At the same time, it cannot be overlooked that the allegations relate to cheating and extortion involving substantial amounts of money, which, as on date, has not been lost but stands secured inasmuch as the accounts of the petitioners have already been frozen by the competent authority. The Investigating Officer shall, therefore, proceed with the investigation in accordance with law and ensure that, under the pretext of investigation, the petitioners are not subjected to unnecessary harassment. If any information or clarification is required from the petitioners, the Investigating Officer shall secure the same strictly in accordance with law and without adopting coercive or oppressive measures. For the aforesaid reasons, both these petitions fail and stand dismissed. - 10 - HC-KAR NC: 2025:KHC:32538 CRL.P No. 6078 of 2024 C/W CRL.P No. 586 of 2024 Consequently, all pending applications, namely I.A.Nos.1/2025 and 2/2025 in Crl.P.No.586/2024 and I.A.Nos.1/2025, 2/2025 and 3/2025 in Crl.P.No.6078/2024 are also dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 3