- 1 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6467 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI SHIVA KUMAR B S S/O LATE SHIVANNA AGED 70 YEARS R/AT 94, 2ND CROSS, 8TH MAIN 3RD PHASE, JP NAGAR BANGALORE-560078 2. SMT SHALINI C/O SADANAND AGED 40 YEARS R/AT NO 63/8, 3RD CROSS, 3RD MAIN BTM 2ND STAGE BANGALORE-560076 3. SMT PREETHI C/O MOHAN AGED 36 YEARS R/AT 94, 2ND CROSS, 8TH MAIN 3RD PHASE, JP NAGAR BANGALORE-560078 4. SMT JYOTHI C/O SHIVU AGED 34 YEARS R/AT 94, 2ND CROSS, 8TH MAIN Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 3RD PHASE, JP NAGAR BANGLAORE-560078 …PETITIONERS (BY SRI. PRASANNA KUMAR P, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAGALAGUNTE POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BR AMBEDKAR ROAD OPP VIDHANA SOUDHA BENGALURU-560001 2. SRI RANGANATH G K S/O SRI KODAPPA AGED 39 YEARS R/AT NO 4, 2ND CROSS NEAR HALE JUNJAPPA TEMPLE MALLASANDRA, T DASARAHALLI BANGALORE-560057 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.ASHOKA.T, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) QUASH THE CHARGE SHEET DATED 15.12.2021 IN CR.NO.361/2021 FILED BY THE 1ST RESPONDENT / POLICE IN SO FAR AS THE PETITIONERS/ACCUSED NO.2 TO 5 ARE CONCERNED, FOR THE OFFENCES P/U/S 120B, 420 R/W 34 OF IPC, WHICH IS PENDING ON THE FILE OF LEARNED XXXI ADDL.C.M.M., BENGALURU IN C.C.NO.2873/2022 (PRODUCED VIDE ANNEXURE-B) AND ETC., - 3 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who are arraigned as accused Nos.2 to 5 have filed this petition under Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against them in C.C.No.2873/2022, for the offences punishable under Sections 120-B 420 r/w Section 34 IPC on the file of XXXI ACMM, Bengaluru (arising out of Cr.No.361/2021 of respondent No1 i.e., Bagalgunte PS). 2. In support of the petition, petitioners have contended that the charge sheet and order taking cognizance are perverse, illegal and not sustainable in law. There is no application of mind by the trial Court. The charge sheet does not disclose any cognizable offence. The proceedings are initiated to harass the petitioners. It is alleged that accused No.1 has received Rs.32 lakhs from the complainant for securing contract and thereby cheated - 4 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 him. However, there are no allegations against the petitioners. They are not the beneficiaries of the said transaction. The dispute is purely civil in nature, which is tried to be given a cloak of criminality. There is inordinate delay in filing the complaint. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence, the petition. 3. On the other hand, learned High Court Government Pleader and learned counsel representing respondent No.2 would submit that complainant is native of R.Gollarahalli, Midigeshi Hobli, Madhugiri Taluk, Tumakuru. He is running a company by name Sarovar Envirtech Pvt. Ltd. His wife Rathnamma B.S is the Director. One Bharath is also from his native place. Complainant came to be acquainted with accused No.1 Vinay through the said Bharath and they used to meet. During August 2019, accused No.1 Vinay told the complainant that he know the MLA. He would get the - 5 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 contract of CC Road from Balaji Layout to Bhutanahalli of Kaggalipura, Kanakapura Road and that he is required to spend Rs.32 lakhs. He also showed the place where the work is to be executed. Therefore, on 13.09.2019, from the Account No.560010200006095, Axis Bank, Peenya Branch Rs.5 lakhs was transferred to Account No.7112685705, Kotak Mahindra Bank of accused No.1. through NEFT. Similarly, on 19.09.2019, he transferred Rs.20 lakhs through RTGS to the account of accused No.1. On 04.11.2019, Rs.7 lakhs. Thus, in all he has paid Rs.32 lakhs to accused No.1. However, accused No.1 has failed to get complainant contract and went on postponing. He has also failed to return the money and therefore, without any alternative complaint is filed. 4. Based on the complaint, the concerned police have registered the case and after detailed investigation, charge sheet is filed against accused Nos.1 to 5. There is prima facie material to proceed against all the accused persons including the petitioners. Prosecution is required - 6 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 to be given an opportunity to prove the allegations and pray to dismiss the petition. 5. Heard arguments and perused the record. 6. Thus, petitioners who are arranged as accused Nos.2 to 5 have sought quashing of the criminal proceedings on the ground that according to the prosecution entire sum of Rs. 32 lakhs was transfer to the account of accused No.1 and there are no allegations against petitioners and therefore continuation of the proceedings would amount to abuse of the process of the Court. 7. From the material placed on the record it is evident that the complainant has transferred in all a sum of Rs.32 lakhs to the account of accused No.1 on his assurance that he would get him a contract for laying CC road. When he failed to get any contract, complainant insisted upon accused No.1 to return the said amount and on his failure filed the complaint against accused No.1. - 7 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 8. Though the complaint is filed against accused No.1, during investigation from the voluntary statement of accused No.1 was revealed that accused No.1 has paid Rs.10 lakhs to his father i.e, accused No.2 Shivakumar, Rs.7 lakhs to accused No.3 and Rs.5 lakhs each to accused Nos.4 and 5 who are his sisters and he has undertaken to find out them. It appears despite efforts made, the investigation officer could not arrest accused Nos.2 to 5 and consequently recovery was not made. In the above facts and circumstances, there is prima facie material to proceed against all the accused persons, including the petitioners. Disputed facts cannot be decided in a petition under Section 482 Cr.P.C. Prosecution should be provided to opportunity to prove the allegations against the petitioners and as such petitioners are not entitled for relief sought and accordingly the following order; - 8 - HC-KAR NC: 2025:KHC:37454 CRL.P No. 6467 of 2022 ORDER (i) Petition filed by the petitioners/accused Nos.2 to 5 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 32