- 1 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 8699 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI VENKATESAN K CHETTIAR S/O LATE K KARUNKARAN, AGED ABOUT 48 YEARS, R/AT OLD NO.38, NEW NO.23, ANDY STREET, KURINJI PADI VILLAGE AND TALUK, KADALUR, TAMILNADU-607302 2. SRI MANIVANNAN K S/O LATE KARUNAKARAN CHETTIAR, AGED ABOUT 44 YEARS, R/AT NO.3, METTUR STREET, MELBHUVANAGIRI, BUVANAGIRI TALUK, CUDDALORE, TAMILNADU-600601 3. SMT RADHA V W/O SRI VENGADESAN, AGED ABOUT 40 YEARS, R/AT OLD NO.38, NEW NO.23, ANDY STREET, KURINJI PADI VILLAGE AND TALUK, KADAIUR, TAMILUR-607302 …PETITIONERS (BY SRI.GURUDEEP SINGH @ YODH SINGH, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 AND: 1. STATE OF KARNATAKA HALASUR POLICE STATION, BENGALURU CITY, REP BY THE SPP, HIGH COURT BUILDINGS, BENGALURU-560001 2. SRI ANBUDAS S/O KUPPUSWAMY, AGED ABOUT 52 YEARS, R/AT NO.238, ANANDAPURAM, 7TH CROSS, OPP: VINAYAKA FILM THEATER, MYSURU ROAD, BENGALURU CITY, KARNATAKA-560018 …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.R.LOKANATHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASHING THE FIRST INFORMATION REPORT FILED BY RESPONDENT NO.1 POLICE (HALASUR P.S.) IN CR.NO.136/2023, FOR THE OFFENCE P/U/S 420, 468 AND 34 OF IPC, PENDING ON THE FILE OF THE LEARNED X ADDL. CMM COURT, MAYOHALL, BENGALURU, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 ORAL ORDER In this petition filed under Section 482 Cr.P.C, petitioners who are arraigned as accused Nos.1 to 3 have sought for quashing criminal proceedings initiated against them in Cr.No.136/2023, for the offences punishable under Sections 420, 468 r/w Section 34 IPC. 2. In support of the petition, petitioners have contended that they have not committed the alleged offences and have been falsely implicated. There are no reasonable grounds to believe that they have committed the alleged offences. The complainant is not having any authority to file the complaint. He has not produced the General Power of Attorney to prove his authority to file the complaint. The dispute is purely civil in nature. In fact petitioner/Trust has filed W.P.No.18807/2019 before this Hon'ble Court against BBMP and Revenue Department. It came to be allowed directing transfer of the Patta in the name of Trust. - 4 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 3. Therefore, the respondent No.1 Police have chosen to register a criminal case against them which is illegal, invalid and contrary to law. The encumbrance certificate since 1872 to 2004 reflects that the property in dispute belong to Chettiyar family. They have constituted a Trust in the name and style Mysuru Venkataswamy Chettiyar Trust. It is registered on 27.04.2018. Such being the case, the allegations that the petitioners have forged documents is not tenable. BBMP authorities have collected tax on the said property. 3.1 When according to the complaint averments, the property belongs to Indian Red Cross Society and the Central Government has received letter dated 28.05.2021 from the Indian Red Cross Society, Delhi, to issue NOC and hand over the property to the said Trust without any encumbrance and accordingly, the additional private secretary to Ministry of Health and Family Welfare, Chemical and Fertilizers, Government of India has issued letter to petitioner No.1 for necessary action, question of - 5 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 petitioners concocting documents and creating third party interest would not arise. Originally the property was purchased by one Muttuswamy Chetty, son of Mysuru Venkataswamy about century back. It was in possession and enjoyment of the ancestors of petitioners. Till date the revenue entries are standing in the name of Trust. Viewed from any angle, the complaint is not tenable and pray to quash the criminal proceedings. 4. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: (i) Shashikala Jayaram Vs. The State of Karnataka and Anr. (Shashikala Jayaram)1. (ii) Ms.Ann Nimmi Sebastian Vs. State of Karnataka and Anr. (Ms.Ann Nimmi Sebastian)2. (iii) Yashaswini S.J Vs. The State of Karnataka and Anr. (Shashikala Jayaram)3. (iv) Sesham Rao Niranjan Vs. State of Andhra Pradesh Rep. by its PP, High Court of Andhra Pradesh, Amaravathi and Anr. (Sesham Rao Niranjan)4. 1 Crl.P.No.5566/2019 Dt:06.07.2022 2 Crl.P.No.9212/2021 c/w Crl.P.No.4676/2022 Dt:24.11.2023 3 Crl.P.No.13059/2024 c/w Crl.P.No.2815/2024 Dt:16.06.2025 - 6 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 (v) M/s Naresh Potteries Vs. M/s Aarti Industries and Anr. (M/s Narsh Potteries)5. (vi) M/s Casablanca Estate Vs. S.Ananthi and Ors. (M/s Casablanca Estate)6. (vii) The Correspondence, RBANMS Educational Institution Vs. B.Gunashekar and Anr. (B.Gunashekar)7. 5. Learned counsel representing respondent No.2 has filed statement of objections stating that complainant is the second wife of N.Ranganathan Chettiyar, the great grandson of Mysore Venkataswamy Chettiyar. Only Tilagavathi, Amsavalli and Geeta, being the daughters of first wife and Sarathchandran, Vijaykumar, Subhashini and Shivaranjini, being the children of second wife of Ranganathan Chettiyar are alive. Accused persons are not the family members of late Mysore Venkataswamy Chettiyar. After the death of N.Ranganathan Chettiyar, they have created a forged family tree and appeared in 4 Crl.P.No.286/2019 Dt:15.02.2024 5 SLP(Crl)No.8659/2023 Dt:02.01.2025 6 Crl.P.No.131/2022 Dt:23.02.2024 7 SLP.(C)No.13679/2022 Dt:16.04.2025 - 7 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 many property cases and criminal cases in Mayo Hall, City Civil Court and High Court. 5.1 Accused No.1, Venkatesan. K, is a habitual offender involved in many cases in Bengaluru. Accused No.2 is the brother of accused number one. He has colluded with accused No.2, who is known for forging documents. Accused number three is the wife of accused No.1. The release deed in respect of land bearing Sy.No.134 measuring 15 acres 14 guntas is a forged document and requires to be examined by the Forensic laboratory. Only Nagarathinam, the grandson of Mysore Venkataswamy Chettiyar survived. His only son N.Ranganathan Chettiyar had two wives. Only Tilagavathi, Amsavalli and Geeta, being the daughters of first wife and Sarathchandra, Vijaykumar, Subhashini, and Shivaranjani, being the children of second wife of N.Ranganathan Chettiyar are the legal representatives of Mysore Venkataswamy Chettiyar. The P and SC.No.46/1978 was filed by N Ranganathan Chettiyar - 8 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 and he was issued with the succession certificate after issuing Gazette Notification dated 12.10.1978. From 1978 to 2005, none of the impersonated persons made any claim. 5.2 N. Ranganathan Chettiyar died on 03.03.2004. All his endowments, family properties are kept in the treasury of Vidhana Soudha and it was known to G.R.Shankar, who was the neighbour of respondent No.2. The postal covers were opened and forged by G.R.Shankar and K.Venkateshan and others in Parangipettai village, Cuddalore Taluk and District, Tamil Nadu. Based on the said records, false family tree was created and on the basis of it P and SC.No.115/2005 was filed by impersonation. It was challenged in W.P and MFA and both cases were dismissed, as all the 36 impersonated persons could not be served. 5.3 After the real legal representatives came to know about the said order, they commonly challenged the same in W.P.No.11316/2022 and MFA.No.4847/2012. - 9 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 The Hon'ble High Court was pleased to remand the matter and it is in the process of adjudication. Accused Nos. 1 and 2 have appeared in the petition. Accused Nos.1 and 2 are involved in many criminal cases. Accused No.1 is in real estate business and he is involved in many forgery cases. He tried to take over the original trust of Mysore Venkataswamy Chettiyar. He also created one more trust by assuming the post of Managing Trustee with the intention of looting the properties of Mysore Venkataswamy Chettiyar kept in the treasury in Vidhana Soudha. After the dismissal of writ petition filed by him in the High Court of Madras, Tamil Nadu, he filed W.P.No.14627/2022 before this Court. After considering the order passed in MFA.No.4847/2022, wherein this Court directed the Court in P and SC.No.115/2005 to consider the application filed by the complainant and pass necessary orders, W.P.No.14627/2022 came to be rejected. - 10 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 5.4 So far as the present case is concerned, the accused persons have forged and created release deed, family tree of Mysore Venkataswamy Chettiyar, letter of authority in No.FTS.2336197/2021/HFM dated 16.09.2021 by merging two different letters, as though the Indian Red Cross Society, Delhi has no objections for accused persons taking away its property situated besides Ulasoor lake. Accused No.1 has collected the EC based on his self search on 05.01.2019. This document is pertaining to 1 acre 4 guntas of land. It is forged by inserting the extent as 15 acres 4 guntas. BBMP has also clarified that no Khata is registered in PID No.85– 58–34 and these documents are also concocted by the accused persons. 5.5 Serious allegations are made against the accused persons. It requires a full fledged investigation to ascertain the truth. Though dispute appears to be civil in nature, in fact, serious fraud is committed by the accused persons. In order to know the truth behind these - 11 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 allegations, a detailed investigation is required and pray to dismiss the petition. 6. Learned High Court Government Pleader for respondent No.1/State would submit that in the background of the facts and circumstances enumerated in the statement of objections, respondent No.2 filed complaint to the effect that based on fake and fraudulent G. Tree, petitioners filed P and SC.115/2005 and secured order and on the basis of it, trying to lay hands on Sy.No.134 situated on Kingston Road (City Sy.No.61) totally measuring 15 acres 14 guntas belonging to Indian Red Cross Society. Even though the said properties are having board "as belonging to Indian Red Cross Society and trespassers will be prosecuted", petitioner No.2 K.Manivannan and his wife i.e, petitioner No.3 V.Radha have got a release deed by inserting details of the said property belonging to Indian Red Cross Society and on that basis trying to alienate the property belonging to complainant and thereby cheat not only the family of the - 12 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 complainant, but also the Government. They have got converted the said land. Since the names of complainant's family are forthcoming in the records, the police may proceed against them and therefore, he is filing the complaint. 6.1 Based on the complaint, case is registered in Cr.No.136/20223 and investigation is taken up. Matter requires thorough investigation. On account of stay granted in this case, proceedings are stalled and pray to dismiss the petition and allow the investigation to unearth the truth. 7. Heard arguments and perused the record. 8. Thus it is specifically contended by the complainant that only Tilagavathi, Amsavalli and Geeta, being the daughters of first wife and Sarathchandran, Vijaykumar, Subhashini and Shivaranjini, being the children of second wife of N.Ranganathan Chettiyar are the legal representatives of Mysore Venkataramiswamy - 13 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 Chettiyar. Property bearing old numbers 85, 86, new numbers 102 and 103 of Alur village, totally measuring 1 acre 4 guntas, situated adjoining the Gurudwara belongs to the family of complainant. On the other hand land in Sy.No.134, situated on Kingston Road (City Sy.No.61) totally measuring 15 acres 14 guntas belong to Indian Red Cross Society. It is alleged that the accused persons on the basis of concocted and forged family tree and other documents filed P and SC.No.115/2005 and secured an order and based on the said order, they are trying to lay their hand on the property belonging to Indian Red Cross Society and in fact, they have forged a letter said to be issued by the Ministry of health and family welfare, to claim on the said property belonging to Indian Red Cross Society. 9. 9. Thus, the allegations against the accused persons is not only with regard to falsely claiming to be the legal representatives of Mysuru Venkataswamy Chettiyar, but also under the guys of taking an order in - 14 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 respect of the property of Mysore Venkataswamy Chettiyar, they are trying to lay their hands on the property belonging to Indian Red Cross Society and in that way they are pushing the real legal representatives of Mysore Venkataswamy Chettiyar into cross-firing by the Indian Red Cross Society. The serious allegations made are required to be examined by the concerned police to assert the truth. Therefore, this cannot be treated as a simple civil dispute. Unless and until a detailed investigation is conducted by Independent neutral Authority, it is not possible to unravel the truth. In the above facts and circumstances the decisions relied upon by the learned counsel for the petitioners are not applicable to the case on hand. Therefore, the criminal proceedings against petitioners cannot be quashed and accordingly the following: - 15 - HC-KAR NC: 2025:KHC:38013 CRL.P No. 8699 of 2023 ORDER Petition filed by the petitioners/accused Nos.1 to 3 under Section 482 Cr.P.C is hereby rejected. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 34