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2025 DAILYLAW 48832 (KAR)

KRISHNA REDDY v. THE STATE OF KARNATAKA

CRL.P/9810/2023 · 2025-07-07

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9810 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 9463 OF 2023 CRIMINAL PETITION NO. 9464 OF 2023 IN CRL.P No. 9810/2023: BETWEEN: 1. KRISHNA REDDY AGED ABOUT 65 YEARS, PARTNER, M/S SUNVIN INFRA, KRISHNA COMPLEX, 5TH FLOOR, NO.14, STATE BANK ROAD, BANGALORE-560001, NOT CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP 2. DINESH REDDY AGED ABOUT 39 YEARS, PARTNER, M/S SUNVIN INFRA, KRISHNA COMPLEX, 5TH FLOOR, NO.14, STATE BANK ROAD, BAGNALORE 560001 3. PRAJWAL P SHENAVA AGED ABOUT 39 YEARS, DIRECTOR, INDRAPRASTHA SHELTERS PVT LTD., PRESTIGE CORNICHE, 4TH FLOOR, 62/1, RICHMOND ROAD, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 BANGALORE-560025 …PETITIONERS (BY SRI. PRATIK PANY ADVOCATE FOR SRI. ABHILASH RAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR AMBEDKAR VEEDHI, BANGALORE-560001 2. SALMAN KHAN SON OF REHMAN KHAN, AGED ABOUT 26 YEARS, AUTHORISED SIGNATORY OF M/S UMRAH DEVELOPERS NO.13/1, KAVERAPPA LAYOUT, VASANTH NAGAR, BENGALURU-560052 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH FOR R-1; SRI. TANVIT SHETTY ADVOCATE, FOR SRI. GAURAV., ADVOCATE FOR R-2) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE COMPLAINT AND FIR REGISTERED AGAINST PETITIONER NOS 1, 2 AND 3 FILED IN CR.NO.511/2023 HEBBAGODDI POLICE STATION, REGISTERED BY THE FIRST RESPONDENT U/S 406, 420 OF IPC, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANEKAL, BENGALURU RURAL DISTRICT, ETC. IN CRL.P NO. 9463/2023: BETWEEN: 1. ANIRUDH KAMAT SON OF LATE SUDHIR J KAMAT, - 3 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 AGED ABOUT 38 YEARS, MANAGING DIRECTOR M/S INDRAPRASTHA SHELTERS PVT LTD., PRESTIGE CORNICHE, 4TH FLOOR, 62/1, RICHMOND ROAD, BANGALORE - 560025. 2. PRAJWAL P. SHENAVA SON OF PRABODH KUMAR SHENAVA, AGED ABOUT 39 YEARS, DIRECTOR M/S INDRAPRASTHA SHELTERS PVT LTD., PRESTIGE CORNICHE, 4TH FLOOR, 62/1, RICHMOND ROAD, BANGALORE - 560025. ...PETITIONERS (BY SRI. PRATIK PANY ADVOCATE FOR SRI. ABHILASH RAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BELLANDURU POLICE STATION, REPRESENTED BY STATE PUBLIC, PROSECUTOR, HIGH COURT OF KARNATAKA, DR. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. SALMAN KHAN SON OF REHMAN KHAN, AGED ABOUT 26 YEARS, AUTHORISED SIGNATORY YOUSUFF SHARIFF @ D BABU PROPRIETOR OF M/S UMRAH DEVELOPERS, AGED ABOUT 56 YEARS, SON OF LATE DASTGIR SHARIF, NO.22/1, MILLER TANK ROAD, VASANTH NAGAR, BENGALURU - 560052. ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH FOR R-1; SRI. TANVIT SHETTY ADVOCATE FOR - 4 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 SRI GAURAV.N, ADVOCATE FOR F-2) THIS CRIMINAL PETITION IS FILED UNDER Section 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER NO.1 AND 2 FILED IN CR.NO.434/2023 REGISTERED BY 1ST RESPONDENT - BELLANDURU POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 406, 420 READ WITH 34 OF IPC PENDING ON THE FILE OF III ADDL.C.M.M., BENGALURU AND COSTS OF THE PETITION, ETC. IN CRL.P NO. 9464/2023: BETWEEN: 1. ANIRUDH KAMAT SON OF LATE SUDHIR J KAMAT AGED ABOUT 38 YEARS MANAGING DIRECTOR M/S INDRARASTHA SHELTERS PVT LTD PRESTIGE CORNICHE, 4TH FLOOR 62/1, RICHMOND ROAD BANGALORE 560025. 2. PRAJWAL P SHENAVA SON OF PRABODH KUMAR SHENAVA AGED ABOUT 39 YEARS, DIRECTOR M/S INDRAPRASHTA SHELTERS PVT LTD PRESTIGE CORNICHE, 4TH FLOOR 62/1, RICHOMOND ROAD BANGALORE 560025. ...PETITIONERS (BY SRI. PRATIK PANY., ADVOCATE FOR SRI. ABHILASH RAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY AVALAHALLY POLICE STATION REPERESENTED BY STATE PUBLIC PROSECUTOR - 5 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 HIGH COURT OF KARNATAKA DR AMBEDKAR VEEDHI BENGALURU 1 2. SALMAN KHAN SON OF REHMAN KHAN AGED ABOUT 26 YEARS AUTHORISED SIGNATORY YOUSUFF SHARIFF ALIS D BABU PROPRIETOR OF M/S UMRAH DEVELOPERS AGED ABOUT 56 YEARS SON OF LATE DASTAGIR SHARIF NO 13/1, KAVERAPPA LAYOUT MILLERS TANK BUND ROAD VASANTH NAGAR, BENGALURU 560052 ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH FOR R-1; SRI. TANVIT SHETTY, ADVOCATE FOR SRI. GAURAV.N., ADVOCATE FOR R-2) THIS CRL.P IS FILED UNDER Section 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR REGISTERED AGAINST THE PETITIONER NO.1 AND 2 FILED IN CRIME NO.371/2023, REGISTERED BY THE 1ST RESPONDENT AVALAHALLY P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 406 AND 420 READ WITH 34 OF IPC, PENDING ON THE FILE OF ADDL.C.J.M., BENGALURU RURAL DISTRICT AND COSTS OF THE PETITION, ETC. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 6 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 COMMON ORDER These petitions are filed under Section 482 of Cr.P.C, to quash the criminal proceedings initiated against them. 2. Crl.P.No.9810/2023 is filed by accused No.1 to 3 to quash the criminal proceedings initiated against them in Cr.NO.511/2023 of Hebbagodi PS for the offences punishable under Sections 406 and 420 of IPC. 3. Crl.P.No.9463/2023 is filed by accused Nos.1 and 2 to quash the criminal proceedings initiated against them in Cr.No.434/2023 of Bellandur PS for the offences punishable under Sections 406, 506 & 420 r/w Section 34 of IPC. 4. Crl.P.No.9464/2023 is filed by accused Nos.1 and 2 to quash the criminal proceedings initiated against them in Cr.No.371/2023 of Avalahally PS for the offences punishable under Sections 406, 506, 420 r/w Section 34 of IPC. - 7 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 5. In Crl.P.Nos.9463 and 9464/2023 petitioner are common and they are arraigned as accused Nos.1 and 2. They are respectively the managing director and Director of M/s. Indraprastha Shelters, Pvt, Ltd., 6. In Crl.P.No.9810/2023, petitioner No.2 of the other two petition is arraigned as accused No.3. He is director of M/s Indraprastha Shelters Pvt, Ltd., Petitioner Nos.1 and 2 are different persons. They are partners of M/s.Sunvin Infra, Pvt. Ltd., 7. In all these petitions, respondent/complaint is Sri Salman Khan. 8. In support of Crl.P.No.9810/2023, the petitioners have contended that on 04.08.2011, petitioner No.3 entered into a memorandum of understanding for the joint development of Sy.No.80 and 81 of Kittaganur Village, Beedarahalli Hobli, Bengaluru East Taluk, which was converted into non-agricultural residence purpose on 20.02.2009, totally measuring 7 acres. Petitioners No.3 - 8 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 has paid respondent No.2 a sum of Rs.7 Crores as refundable deposit and it is duly acknowledge by him. 8.1 Similarly, on 17.04.2013, petitioner No.1 entered into a memorandum of understanding for the joint development of Sy.No.212 measuring 2 acres 38 guntas of Gattihalli, Sarjapur Hobli, Anekal Taluk and paid a non- refundable security deposit of Rs.9 lakhs to respondent No.2 and he has acknowledge the same. 8.2 On 13.11.2013, respondent No.2 executed a sale deed in favour of petitioner No.1 for outright sale of the above Sy.No.212 for Rs.1.5 Crores and it was acknowledge by respondent No.2. However, he failed to get the sale deed registered. On 04.01.2018, in violation of memorandum of understanding dated 04.08.2011, respondent No.2 created third party interest in respect of Sy.No.80 and 81 of Kittaganur in favour of M/s Scots Garments Ltd. - 9 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 8.3 On 11.05.2018, in order to safeguard his interest and investment, petitioner No.1 filed O.S.437/2018 in the Court of Prl.Civil Judge, Bengaluru Rural District, Anekal for specific performance in respect of Sy.No.212, measuring 2 acres 38 guntas and secured ex-parte temporary injunction restraining respondent No.2 from alienating the same. 8.4 On 09.04.2019, petitioner No.3 approached Ashoknagar Police and filed complaint against respondent No.2 alleging criminal breach of trust and it is registered in Cr.No.111/2019. In fact, on 05.08.2018, respondent No.2 filed Crl.P.No.4738/2019 and secured stay order. 8.5 As a counterblast to the complaint filed by petitioner No.3 and O.S.No.437/2018, on 20.07.2020, respondent No.2 filed a false and frivolous complaint with Ashoknagar Police, alleging that petitioners demanded Rs.1 Crore and registration of 3 sites in his name to settle the dispute and withdraw O.S.No.437/2018 and claims to have paid the said amount. On 30.09.2020, - 10 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 O.S.No.437/2018 was transferred to Commercial Court and numbered as Com.O.S.No.186/2020. 8.6 On 04.08.2020, petitioner Nos.1 and 3 filed Crl.P.No.3747/2020 to quash the FIR in Cr.No.170/2020. On 23.10.2020, this Hon'ble Court was pleaded to allow the petition and quash the FIR holding that the dispute is civil in nature. 8.7 However, on 04.02.2021, respondent No.2 filed one more complaint on the very same set of facts before Hebbagodi PS, alleging that sale deed dated 13.11.2013 is illegal and fraudulent. It was registered in Cr.No.49/2021. On 15.06.2022, it was quashed by this Hon'ble Court in Crl.P.No.1707/2021. Again on the same set of facts, respondent No.2 has filed the present complaint and it is registered in Cr.No.511/2023, which is being challenged in the present petition. 9. In Crl.P.No.9464/2023, petitioners have contended that in order to protect their interest they filed - 11 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 O.S.No.341/2021 on the file of V Addl.Senior Civil Judge, Bengaluru against respondent No.2 and secured interim order. In this petition, petitioners have challenged criminal proceedings in Cr.No.371/2023. 10. The petitioners in Crl.P.No.9463/2023 have contended that they entered into memorandum of understanding dated 20.11.2011 for joint development of properties owned by one Yusuf Sharif @ D. Babu in Sy.No.148 of Kudlu Village, Chandapur Hobli, Anekal Taluk, measuring 5 acres 31 guntas which was converted for non-agricultural purpose. Petitioner No.1 paid Rs.6.75 Crores as refundable deposit and it was acknowledged by him. On 03.06.2015, they also entered into joint development agreement with respondent No.2 and on the same day, he has executed a General Power of Attorney in favour of petitioners. However, in violation of the memorandum of understanding dated 04.08.2011, respondent No.2 created third party interest by executing sale deed in favour of Austin Roach. - 12 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 10.1 Respondent No.2 has filed Civil Misc.Petition for appointment of Arbitrator to adjudicate the disputes between them. On the same set of facts, respondent No.2 has filed complaint in Cr.No.434/2023 of Belandur PS, which is challenged in the present petition. 11. On the other hand in Crl.P.No.9810/2023, learned counsel for respondent No.2/complainant and learned High Court Government Pleader representing respondent No.1 State would submit that respondent No.2 is the absolute owner of converted land bearing Sy.No. 212 of Gattihalli, Sarjapur Hobli, Anekal Taluk, measuring 2 acres 38 guntas. He entered into a memorandum of understanding dated 17.04.2013 for development of the said property. Except payment of ₹9 lakhs towards stamp duty and registration charges, these accused persons have not paid a single pie. Under mis-representation, they took signature of respondent No.2 on a sale dated 13.11.2013 in respect of Sy.No.212 of Gattihalli, allegedly sold for ₹1,50,00,000/- in favour of M/s Sunvin Infra. It was a - 13 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 subject matter of memorandum of understanding dated 17.04.2013. Accused persons have not developed the land since more than 10 years, the properties are worth more than ₹50,00,00,000/- and hence the complaint. 12. Similarly in Crl.P.No.9463/2023, it is submitted by the learned counsel for respondent No.2 and learned High Court Government Pleader representing respondent No.1 State that respondent No.2 is the absolute owner of converted land in Sy.No.148, block Nos.1, 2 and 3 of Koodlu Village, Sarjapur Hobli, Anekal Taluk, measuring 5 acre 31 guntas. Petitioners being the directors of M/s Indraprastha Shelters Private Ltd., entered into a memorandum of understanding dated 20.12.2011 for developing the said property and construction of multi apartments. Respondent No.2 has received ₹6,75 lakhs towards interest fee refundable deposit. They have failed to develop the property even after lapse of 12 years. Therefore, he got issued a notice dated 06.3.2019 terminating the joint development agreement dated - 14 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 03.06.2015 and to collect the refundable security deposit and execute the cancellation deed. However, there is no response from them. 13. Similarly, in Crl.P.No.9464/2023, it is submitted by the learned counsel for respondent No.2 and learned High Court Government Pleader representing respondent No.1 State that respondent No.2 is the absolute owner of converted land bearing Sy.No.80 and 81 of Kittaganuru Village, Bidarahalli Hobli, Bengaluru East. Petitioners being the Directors of M/s Indraprastha Shelter Private Ltd, entered into a memorandum of understanding dated 04.08.2011 for development of the said property into residential row Houses/Vilas/Vilaments. Respondent No.2 has received ₹7,00,00,000/- towards interest free refundable deposit. However, even after lapse of 12 years, the petitioners have not developed the said land. Respondent No.2 sent legal notice dated 01.04.2019, terminating the memorandum of understanding with a - 15 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 direction to receive back ₹7,00,00,000/-. However, petitioners are unnecessarily dragging on the matter. 14. They would further submit that in the light of the above facts and circumstances, respondent No.2 is forced to file the complaints. Matter requires detailed investigation. Disputed facts cannot be decided in a petition under Section 482 Cr.P.C and pray to dismiss the petitions. 15. Heard arguments and perused the record. 16. Perusal of the complaints averments clearly indicate that the dispute between the parties is civil in nature. Respondent No.2 is the owner of several bits of lands and petitioners in their capacity as the Directors and Managing Directors of M/s Indraprastha Shelter Private Ltd have entered into memorandum of understanding for developing the said lands. While respondent No.2 alleged that there is no progress in the construction activity, petitioners have alleged that when respondent No.2 - 16 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 started creating third-party interest in the subject matter of the memorandum of understanding, O.S.No.437/2018 came to be filed in respect of Sy.No.212 and interim order was secured. Similarly, petitioners in Crl.P.No.9464/2023, also filed O.S.No.341/2021 and interim order was secured. Petitioner No.3 of Crl.P.No.9810/2023 also filed complaint in Cr.No.111/2019 before the Ashoknagar police. 17. As a counter blast to the civil and criminal proceedings initiated against them, respondent No.2 filed complaints. All the complaints filed by the petitioners as well as respondent No.2 came to be quashed by this Court in Crl.P.Nos.4020/2019 c/w 4738/2019 & 3747/2020, Crl.P.No.1707/2021 and Crl.P.No.3394/2021, on the ground that the dispute between the parties is civil in nature and they can get the dispute decided in a civil court. This is the second round of litigation initiated by respondent No.2 on criminal side. The dispute between the parties is purely civil in nature. Therefore, continuation of the criminal proceedings would amount to abuse of the - 17 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 process of the Court and as such liable to be quashed and accordingly the following: ORDER (i) Crl.P.No.9810/2023 filed by accused Nos.1 to 3 under Section 482 Cr.P.C is allowed. (ii) The criminal proceedings in Cr.No.511/2023 of Hebbagodi PS, on the file of Addl.Civil Judge (Jr.Dn.) and JMFC, Anekal, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 406 and 420 of IPC is hereby quashed. (iii) Crl.P.No.9463/2023 fied by accused Nos.1 and 2 under Section 482 Cr.P.C is allowed. (iv) The criminal proceedings in Cr.No.434/2023 of Bellandur PS, on the file of III Additional Chief Metropolitan - 18 - HC-KAR NC: 2025:KHC:24556 CRL.P No. 9810 of 2023 C/W CRL.P No. 9463 of 2023 CRL.P No. 9464 of 2023 Magistrate, Bengaluru, for the offences punishable under Sections 406, 506 & 420 r/w Section 34 of IPC is hereby quashed. (v) Crl.P.No.9464/2023 filed by accused Nos.1 and 2 under Section 482 Cr.P.C is allowed. (vi) The criminal proceedings in Cr.No.371/2023 of Avalahally PS, on the file of Addl.Chief Judicial Magistrate, Bengaluru Rural District, for the offences punishable under Sections 406, 506, 420 r/w Section 34 of IPC is hereby quashed. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 23