- 1 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 8304 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR M D RAJU S/O LATE DEVANNA AGED ABOUT 41 YEARS, NO. 197, DEVIKAERE ROAD, CHAMUNDI HILL, MYSURU CITY-570 010 …PETITIONER (BY SRI. ABUBACKER SHAFI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KRISHNARAJA POLICE (K R POLICE) MYSURU REPRESENTED BY S P P HIGH COURT BUILDING, BENGALURU-560 001 2. PRASAD K M S/O LATE KARIGOWDA, AGED ABOUT 63 YEARS, OFFICIAL GAZETTED (OPERATIONS MANAGEMENT OFFICER) SRI. CHAMUNDESHWARI TEMPLE, CHAMUNDI HILL, MYSURU-570 010 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; R2 SERVED) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.127/2018 DATED 25.09.2018 REGISTERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 408, 420 R/W 34 OF IPC AND ALSO CHARGE SHEET LAID ON 12.09.2020 BEARING CHARGE SHEET NO.91/2020 AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 403, 408, 420 OF IPC 1860 AND ALSO SECTION 66, 66(c) OF INFORMATION TECHNOLOGY ACT 2000 AND ALSO ITS ENTIRE PROCEEDINGS IN C.C.NO.258/2020 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M., MYSURU FOR THE OFFENCE P/U/S 403, 408, 420 OF IPC AND SECTION 66, 66(c) OF INFORMATION TECHNOLOGIES ACT 2000. 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 Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against him in C.C.No.91/2020 for the offences punishable under Sections 403, 408, 420 IPC r/w Sections 66 and 66(c) of Information Technology Act, 2000 and also in C.C.No.258/2020 on the file of I Addl.Senior Civil Judge and CJM, Mysuru for the offences punishable under - 3 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 Section 403, 408, 420 IPC r/w Sections 66 and 66(c) of Information Technology Act, 2000. 2. In support of the petition, petitioner has contended that the 25.09.2018, the operations management officer of Sri.Chamundeshwari temple, Chamundi Betta, Mysuru has filed complaint against petitioner and others and it is registered in Cr.No.127/2018. In respect of the same, charge sheet is filed on 15.10.2020, against the petitioner. Accused Nos.2 and 3 are dropped. 2.1 The statement of the witnesses reveal that the difference of funds is already deposited in the temple account. Only because there was variance in the account, petitioner and others were suspended and case was registered. Continuation of the proceeding would amount to abuse and the process of the court and hence the petition. - 4 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 3. On the other hand learned High Court Government Pleader representing respondent No.1 State and learned counsel representing respondent No.2 submit that he was Administrative officer of Sri Chamundeshwari Temple, Chamundi Betta, Mysuru. On 26.12.2012, Sri Chamundeshwari Temple authority got developed software through NIC Mysuru and adopted the same for the Seva counter and started issuing Special tickets for ₹100/- and ₹30/- through the computers and they were connected to the server. 12 accounts were opened for issuing tickets and each of the staff who was authorised to operate the account were required to have their own password and operate the same. Every day from 6.30 to 7-00 a.m till 9.00 p.m tickets are issued. Every day abstract of the statement in each computer would be taken and the concerned staff monitoring the computer was required to handover the cash to the cashier. Daily statements, monthly statements would be compared with the annual - 5 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 statement to ascertain whether the accounts are properly maintained. 3.1 However, during 2016–17 audit, there was difference of ₹65,000/- with respect to the actual tickets distributed and the cash collected. Out of this, ₹31,000/- fell short, so far as S.Subramanya SDA and he paid the difference amount. However, the authorities could not ascertain as to what was the difference attributable to the other computer operator. Thinking that there may be problem with the server, the computers were connected to the other server. Sri Chandru of Sinchana Computers, Mysuru was requested to give the password to check the server. However, he did not co-operate by saying that he did not remember the password. When the computers were connected to the new server also, he did not correct the mistakes and did not choose to ascertain and correct the problem. - 6 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 3.2 Since K.Anand, Gopal disclosed that they used to issue tickets mentioning previous date, they verified the new software and found that there was difference of ₹6,79,360/-. However, Sri M.D Raju Parupattegar, Prakash Thalavar, K Anand and Gopal deposited the said deficit amount. On 17.09.2018 during the management meeting of the temple, decision was taken to keep Raju M.D, Prakash Thalavar and Anand K under suspension and to take disciplinary action against them. Accordingly on 19.09.2018, the Deputy Commissioner has passed suspension order. On 01.09.2018, Show cause notice was issued to these officials. They have given replies, saying that the said mistake was due to problem in the computer. 3.3 As there are no technical staff in the temple, contacts were made with NIC to examine the issue. However, no response was received from them. NIC has not sent any response even to the letters written by Regional Commissioner. Hence, the concerned police are requested to see the old server, examine the same and - 7 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 investigate the matter, take action against the erring persons. Each of the computer operator were putting the blame on the other. On questioning the computer operators, it could be ascertained that they used to distribute tickets by mentioning the previous day under an impression that if the tickets are anti-dated, then the computer will not take it into account. The NIC people are not responding to their request to furnish technical report, to avoid appearing before the Court and give evidence. The complainant has given the details which he could ascertain from the enquiry made at level of the temple authorities and hence the complaint. 3.4 Based on the complaint, the concerned police have registered case in Cr.No.127/2018, against accused No.1 Raju M.D, accused No.2 Prakash Thalavar and A3 Anand K. After conducting detailed investigation, charge sheet is filed against accused No.1 Raju MD. The other two accused are dropped from the charge sheet. The investigation - 8 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 conducted and the charge sheet reveal that petitioner who is accused No.1 is a graduate and having computer knowledge. The modus operandi followed by accused No.1 was that during 2018, he has sold tickets by mentioning the year as 2008 and sold not only the tickets entrusted to him, but also the tickets entrusted to accused Nos.2 and 3 by using their password and User-ID and failed to account for the same. There is prima facie material to proceed against the petitioner and it is not a case for quashing criminal proceedings and pray to dismiss the petition. 4. Heard arguments and Perused the record. 5. The undisputed facts are that accused Nos.1 to 3 are the employees of Shri Chamundeshwari Temple, Chamundi Betta, Mysuru. The charge sheet reveal that though they were appointed for other work, on special days after discharging the regular work, they were entrusted with the work of issuing the tickets to the devotees. At the relevant point of time, accused No.1 was issued with ticket - 9 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 Nos.24,00001 to 2500000. Accused No.2 was issued with ticket Nos.20,00001 to 23,00000 and accused No.3 was issued with the ticket Nos.5,00001 to 7,00000. 6. Accused No.1 is a Graduate and having knowledge to operate computer. The investigation reveal that during the relevant point of time, accused No.1 not only sold tickets entrusted to him, but also the tickets entrusted to accused Nos.2 and 3 by using their password and User-ID, noting the year as 2008, instead of 2018 and thereby failed to account for tickets for a total sum of ₹5,62,350/- with regard to the tickets entrusted to him, ₹1,13,700/- with regard to the tickets entrusted to accused No.2 and ₹3,320/- with regard to the tickets entrusted to accused No.3 i.e, in all a sum of ₹6,79,370/- are misappropriated. 7. After the investigation when the investigating officer realised that accused Nos.2 and 3 are not involved and on the other hand, accused No.1 has misused their - 10 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 password and User-ID and misappropriated the amount, they were dropped as accused and on the other hand they are cited as CWs-2 and 3. During the investigation the investigating officer recorded the statement of CW-5 Nanjundaiah, cashier. His statement reveal that after the servers connected to the computers were verified, there was short of Rs.3,320/- pertaining to accused No.3 Anand and Rs.1,13,700/- pertaining to accused No.2 Prakash Thalavar and Rs.5,62,350/- pertaining to accused No.1 Raju M.D. On 31.08.2018, at 10.30 a.m, when he reported for duty, CW-6 Prasanna picked up a bag from the almirah of CW-4 Sheela, FDA and handed over to him which contained Rs.6,76,050/- being the total amount found short. He credited the same to the account and noted the details in the concerned register. 8. Taking into consideration the entire material collected at the investigation, it is found that petitioner who is accused No.1 is responsible for the said misappropriation and charge sheet is filed against him. The other two - 11 - HC-KAR NC: 2025:KHC:30591 CRL.P No. 8304 of 2023 accused are cited as CWs-2 and 3. There is prima facie material to proceed against the petitioner. It requires full fledged trial and it is not a case for quashing the proceedings and accordingly, the following: ORDER (i) Petition filed by the petitioner/accused No.1 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.: 55