- 1 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL REVISION PETITION NO.908 OF 2021 (397(Cr.PC)/438(BNSS)) BETWEEN: KUBENDRAPPA S/O ERAPPA, AGED ABOUT 46 YEARS, RESIDING AT NO 683/23, DURGAMBIKA NILAYA, 1ST CROSS, BAGATHSINGH NAGARA, DAVANAGERE-577002. &PETITIONER (BY SRI. ANIL SHEKAR K. S., ADV.) AND: 1. STATE BY K T J NAGAR POLICE STATION, NITTUVALLI ROAD, DAVANAGERE - 577002. 2. BASAVA SARDAR SEVALAL SWAMIJI BANJARA (LAMBANI) GURUPEETA TRUST (REGD), NEAR RESTRANAYAKA, S NEJALINGAPPA SMARAKA, SEEBARA, NH4, CHITRADURGA - 577502. &RESPONDENTS (BY SRI. B.LAKSHMAN , HCGP FOR R1, R2 SERVED AND UNREPRESENTED.) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.11 10:45:30 +0530 - 2 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE ORDER OF REJECTION OF THE APPLICATION FILED BY PETITIONER U/S.239 OF CRPC DATED 12.04.2021 PASSED BY JUDICIAL MAGISTRATE SECOND JMFC DAVANAGERE IN C.C.NO.310/2017 AND DISCHARGE THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER The accused has preferred this Revision Petition against the order dated 12.04.2021 passed on application (dated 06.03.2020) filed under Section 239 of Code of Criminal Procedure, 1973 before the Court of Judicial Magistrate First Class, Second Court, Davangere, in Criminal Case No.310/2017. 2. For the sake of convenience, the parties in this Revision Petition are referred to as per their status and rank before the Trial Court. 3. Though the matter is listed for admission, with the consent of both counsel, it is taken up for final disposal. 3. The brief facts leading to this Revision Petition are that the investigating officer has submitted the charge sheet - 3 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 against the accused for the offence punishable under Sections 420 and 506 of Indian Penal Code. 4. It is alleged in the complaint that respondent No.2/complainant is a pontiff of Banjara (Lambani) Gurupeeta Trust and the accused was running a few NGOs and in that regard, accused promised respondent No.2 to get a grant of Rs.80,00,000/- (Rupees Eighty Lakhs only) from Central Government funds. The accused demanded Rs.9,00,000/- (Rupees Nine Lakhs only) as commission and respondent No.2 had paid the said amount to the bank account of accused in four instalments i.e., Rs.3,00,000/- on 25.01.2014 and Rs.40,000/- on 04.02.2014 to A/c. No.061305003694 of ICCI Bank, Davangere Branch; Rs.30,000/- on 15.03.2014 by way of cash from Teja Naik and Krishnappa and Rs.5,30,000/- by way of cash paid in the Mutt and thereafter, the accused was absconding and introduced himself as Gurumurthy. It is further alleged that one year ago, C. Swami Lingha, a police constable, along with the accused demanded Rs.20,00,000/- with regard to compromise between the accused and respondent No.2 and as such, called the complainant to Hunasekatte cross, - 4 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 Davangere-Chitradurga main road. When the complainant went there, the police constable threatened him and respondent No.1 filed First Information Report against the accused and after thorough investigation, the investigating officer has filed charge sheet against the accused for the alleged commission of offence. During investigation, the allegation of respondent No.2 that he has paid Rs.5,30,000/- at Gurupeeta was not established, hence, the same was dropped in the charge sheet filed by the investigating officer. 5. After filing of the charge sheet, the case was registered against accused in C.C.No.310/2017. In the meantime, an application under Section 239 of Code of Criminal Procedure was filed seeking to discharge the accused for the alleged commission of offence punishable under Sections 420 and 506 of Indian Penal Code, as there is no material. Having heard the arguments on both sides, the Trial Court has rejected the said application and directed to proceed against the accused for the alleged commission of offence. Being aggrieved by the impugned order, the revision petitioner is before this Court. - 5 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 6. Learned Counsel for the revision petitioner would submit that the investigating officer has submitted the charge sheet against the accused for the offence under Sections 420 and 506 of Indian Penal Code. He further submits that the Trial Court has failed to appreciate the fact that respondent No.2 (complainant) has himself withdrawn the allegation of life threat by Swami Linga in his re-statement dated 07.02.2017, and the only allegation of tarnishing the name of Mutt does not satisfy the ingredients for offence under Sections 420 and 506 of Indian Penal Code. 7. Further, it is submitted that there is no prima-facie material favouring the prosecution to support their claim that the account bearing No.061305003694, to which the alleged amount of Rs.3,40,000/- was deposited, was not the account of revision petitioner and it is an account of Kubendra Multipurpose Society. In the light of the above, the offence under Section 420 of Indian Penal Code shall not attract. Lastly, he submits that there is inordinate delay of one year in lodging the complaint after the occurrence of alleged incident, which clearly shows that the complaint is lodged with malafide - 6 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 intention to malign reputation of the petitioner. On all these grounds, he sought to allow the revision petition. 8. As against this, Sri. B Lakshman, learned High Court Government Pleader would submit that there is prima- facie material against the accused for the commission of alleged offence under Sections 420 and 506 of Indian Penal Code and the Trial Court has properly rejected the application filed under Section 239 of Code of Criminal Procedure for discharge of accused for the offence punishable under Sections 420 and 506 of Indian Penal Code. Absolutely, there are no grounds to interfere with the impugned order and sought for dismissal of the revision petition. 9. Having heard the arguments advanced by learned Counsel for revision petitioner and learned High Court Government Pleader for respondent and on perusal of material placed before me, the only point that arise for my consideration is that whether the impugned order dated 12.04.2021 passed by the Trial Court on application filed under Section 239 of Code of Criminal Procedure is illegal, perverse, capricious and suffers from legal infirmities? - 7 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 10. I have examined the material placed before me. On the basis of complaint filed by one Basava Sardar Sevalal Swamiji, KTJ Nagar Police Station registered the case in Crime No.17/2015 for the offence under Section 420 of Indian Penal Code and submitted the First Information Report to the Court. Thereafter, the police have collected the evidence and recorded the statement of witnesses and submitted the charge sheet against the accused for the offence punishable under Sections 420 and 506 of Indian Penal Code. 11. With regard to the offence under Section 506 is concerned, admittedly there is no allegation against the accused to attract the offence under Section 506 of Indian Penal Code, however, the investigating officer has inserted offence under Section 506 of Indian Penal Code in the charge sheet. The contents of charge sheet reads as under: "zÉÆõÁgÉÆÃ¥ÀuÁ ¥ÀnÖ PÁ®A 12gÀ°è £ÀªÀÄÆ¢¹zÀ DgÉÆæAiÀÄÄ ¸ÁQë-1 gÀªÀjUÉ ¸ÀĪÀiÁgÀÄ 2-3 ªÀµÀðUÀ½AzÀ ¥ÀjZÀAiÀĸÀÜ£ÁVzÀÄÝ, FvÀ£ÀÄ DUÁUÉ, ¸ÁQë-1 gÀªÀgÀ avÀæzÀÄUÀð f¯ÉèAiÀÄ, ¹¨ÁgÀzÀ ¸ÉêÀ¯Á¯ï UÀÄgÀĦÃoÀPÉÌ ºÉÆÃV§gÀÄwÛzÀÄÝ, DUÀ DgÉÆævÀ£ÀÄ ¸ÁQë-1 gÀªÀjUÉ ¤ªÀÄä UÀÄgÀĦÃoÀPÉÌ PÉÃAzÀæ ¸ÀPÁðgÀ¢AzÀ 80,00,000/- gÀÆ. C£ÀÄzÁ£À vÀj¹PÉÆqÀÄvÉÛÃ£É CzÀPÉÌ vÀ£ÀUÉ 9,00,000/-gÀÆ. ºÀtªÀ£ÀÄß PÀ«ÄõÀ£ï PÉÆqÀ¨ÉÃPÉAzÀÄ PÉýzÁUÀ ¸ÁQë-1 gÀªÀgÀÄ EzÀ£ÀÄß £ÀA© MnÖUÉ PÉÆqÀ®Ä ¸ÁzsÀåªÁUÀĪÀÅ¢®è, ºÀAvÀ ºÀAvÀªÁV PÉÆqÀÄvÉÛãÉAzÀÄ ºÉýzÁUÀ EzÀPÉÌ DgÉÆæ - 8 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 M¦àPÉÆAqÀÄ zÁªÀtUÉgÉ L¹L¹L ¨ÁåAPï SÁvÉ ¸ÀASÉå 061305003694£ÀÄß PÉÆlÄÖ ºÀt ºÁPÀĪÀAvÉ w½¹zÀ ªÉÄÃgÉUÉ ¸ÁQë-1 gÀªÀgÀÄ ¢£ÁAPÀ 25.01.14 gÀAzÀÄ 3,00,000/- ºÀt ºÁUÀÆ ¢£ÁAPÀ 14.02.2014 gÀAzÀÄ 40,000/-gÀÆ. ºÀtªÀ£ÀÄß ¸ÁQë-5gÀªÀgÀ ªÀÄÆ®PÀ ºÀtªÀ£ÀÄß PÀ¼ÀÄ»¹ SÁvÉ ¸ÀASÉå 061305003694 UÉ MlÄÖ 3,40,000/- gÀÆ.UÀ¼À£ÀÄß dªÀiÁ ªÀiÁr¹zÀÄÝ, ºÁUÀÆ ¸ÁQë-1 gÀªÀgÀÄ ¢£ÁAPÀ 14.03.2014 gÀAzÀÄ ¸ÁQë-5 ªÀÄvÀÄÛ ¸ÁQë-6 gÀªÀgÀ PÉÊ°AiÀÄ°è 30,000/-gÀÆUÀ¼À£ÀÄß DgÉÆæUÉ PÉÆlÄÖ §gÀĪÀAvÉ PÀ¼ÀÄ»¹zÀÄÝ CzÀgÀAvÉ ¸ÀzÀj ºÀtªÀ£ÀÄß ¸ÁQë-5 ªÀÄvÀÄÛ ¸ÁQë-6 gÀªÀgÀÄ DgÉÆævÀ¤UÉ zÁªÀtUÉgÉ aUÀmÉÃj D¸ÀàvÉæ ªÉÄãï UÉÃmï ºÀwÛgÀ PÉÆnÖgÀÄvÁÛgÉ, DgÉÆævÀ£ÀÄ ¸ÁQë-1 gÀªÀgÀ ªÀÄoÀPÉÌ PÉÃAzÀæ ¸ÀPÁðgÀ¢AzÀ 80,00,000/-gÀÆ ºÀtªÀ£ÀÄß PÉÆr¸ÀÄvÉÛãÉAzÀÄ £ÀA©¹ D¸ÉºÀÄnÖ¹ MlÄÖ 3,70,000/- gÀÆ.UÀ¼À£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ,¸ÀzÀj ªÀÄoÀPÉÌ ¸ÀPÁðgÀ¢AzÀ ºÀtªÀ£ÀÄß vÀj¹PÉÆqÀzÉà ªÀÄvÀÄÛ ¸ÁQë-1 gÀªÀjAzÀ ¥ÀqÉzÀÄPÉÆArzÀÝ PÀ«ÄõÀ£ï ºÀtªÀ£ÀÄß ªÁ¥À¸ï PÉÆqÀzÉà ªÉÆøÀ ªÀiÁrgÀĪÀÅzÀÄ ºÁUÀÆ ºÀÄt¸ÉÃPÀmÉÖ PÁæ¸ï ºÀwÛgÀ DgÉÆæAiÀÄÄ ¸ÁQë-1 gÀªÀjUÉ ¤ªÀÄä ªÀÄoÀPÉÌ PÉlÖ ºÉ¸ÀgÀÄ §gÀĪÀAvÉ ªÀiÁqÀÄvÉÛãÉAzÀÄ ¥Áæt¨ÉzÀjPÉ ºÁQgÀĪÀÅzÀÄ ¸ÁPÁå÷ëzsÁgÀUÀ½AzÀ vÀ¤SÉAiÀÄ°è zÀÈqsÀ¥ÀnÖgÀÄvÉÛ, ºÁUÀÆ ¸ÁQë-1 gÀªÀgÀÄ vÀªÀÄä UÀÄgÀĦÃoÀzÀ°è DgÉÆæUÉ 5,30,000/-gÀÆ UÀ¼À£ÀÄß PÉÆnÖgÀĪÀ §UÉÎ AiÀiÁªÀÅzÉà ¸ÁPÁëöåzsÁgÀUÀ½AzÀ zÀÈqsÀ¥ÀnÖgÀĪÀÅ¢®è. DzÀÝjAzÀ DgÉÆævÀ£À «gÀÄzÀÝ ªÉÄîÌAqÀAvÉ zÉÆõÁgÉÆÃ¥ÀuÁ ¥ÀnÖ. ¤ªÉÃzÀ£É, ¦AiÀiÁðzÀÄzÁgÀgÀÄ zÀÆj£À°è ¸Áé«Ä°AUÀ JA§ÄªÀgÀÄ £À£ÀUÉ ºÀÄt¸ÉÃPÀmÉÖ PÁæ¸ï ºÀwÛgÀ PÀgɬĹ ¥Áæt¨ÉzÀjPÉ ºÁQgÀÄvÁÛ£É & PÀĨÉÃAzÀæ¥ÀàUÉ ¸ÀºÁAiÀÄ ªÀiÁrgÀÄvÁÛ£ÉAzÀÄ vÀ¥ÁàV £ÀªÀÄÆ¢¹zÉÝ£ÀÄ. DzÀgÉ ¸Áé«Ä°AUÀ ¥Áæt¨ÉzÀjPÉ ºÁQgÀĪÀÅ¢®è & PÀĨÉÃAzÀæ¥ÀàUÉ ¸ÀºÁAiÀÄ ªÀiÁrgÀĪÀÅ¢®èªÉAzÀÄ ¦AiÀiÁðzÀÄzÁgÀgÀÄ £ÀAvÀgÀ vÀªÀÄä ºÉýPÉAiÀÄ°è w½¹gÀÄvÁÛgÉ ºÁUÀÆ EvÀgÉ ¸ÁPÁëöåzsÁgÀUÀ½AzÀ DgÉÆÃ¥À ¸Á©ÃvÁUÀzÀ PÁgÀt zÉÆgÉAiÀÄzÀ PÁgÀt ¸Áé«Ä°AUÀ FvÀ£À£ÀÄß zÉÆõÁgÉÆÃ¥Àt ¥ÀnÖ¬ÄAzÀ ©nÖgÀÄvÉÛ." 12. A perusal of further statement of the complainant dated 07.02.2017 and the statements of Krishnan, S/o. Late - 9 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 C.M. Venkatarayappa dated 02.02.2015; Sri. Thirumalanayaka, S/o. Nagarajappa dated 31.01.2015; Sri. Tejanayaka L, S/o. Namdev dated 10.07.2015; Smt. Padmavathi, W/o. Late Srinivasa; Smt. Lakshmi, W/o. Late Manjappa dated 10.07.2015 and Sri. Swamylinga, Police constable, dated 07.02.2017 have not whispered anything as to the criminal intimidation said to have been caused by this accused, and the Trial Court has not properly appreciated the statements of witnesses recorded by the investigating officer with regard to the offence under Section 506 of Indian Penal Code. On careful examination of the entire material placed on record, I do not find any prima-facie material to frame the charge against the accused. Therefore, in this regard, I am of the considered opinion that is are no material to proceed against the accused for the offence under section 506 of Indian Penal Code. 13. With regard to the offence under Section 420 of Indian Penal Code is concerned, it is the case of the prosecution that the accused has received an amount of Rs.3,40,000/- which is remitted by the complainant to the bank account No.061305003694. The bank statement pertaining to M/s. - 10 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 Kubendra Multipurpose Co-operative Society Limited for the period from 02.01.2013 to 18.02.2015 is produced, which reveals that on 25.01.2014, an amount of Rs.3,00,000/- and on 14.02.2014, an amount of Rs.40,000/- was remitted to the said Society. 14. Learned counsel for the revision petitioner vehemently submitted that M/s. Kubendra Multipurpose Co- operative Society Limited is not at all concerned to the accused. Therefore, he has not received any amount. In this regard, on perusal of the complaint dated 27.01.2015 wherein it is clearly mentioned that Kubendra is working as Government teacher and is unofficially running the following organizations viz., (i) Kubendra Multipurpose Society, Puranthara Hospital Road, Davangere, (ii) Nature Food Hotel, Shamanur Road, Davangere and (iii) Kubendra Real Estate Business, Harihara Road, Davangere. At this juncture, the revision petitioner has not placed any material to show that the accused is not all concerned with this Kubendra Multipurpose Society and the details such as who is the Managing Director, Directors of the said Society and also Byelaws of the Society have also not been - 11 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 placed before this Court. Therefore, there is no force in the arguments advanced on behalf of revision petitioner. 15. Further, it is submitted that there is an abnormal delay of one year in filing the complaint. The alleged offence under Section 420 of Indian Penal Code is punishable with imprisonment up to seven years and a fine and there is no limitation to file this complaint. However, in the complaint, it is stated that the accused was absconding for one year and he was not able to attend to duty. Therefore, at this stage, the arguments advanced on behalf of revision petitioner cannot be accepted and the said contention taken by the accused can be considered only after a full fledged trial. At this stage, there are prima facie material to proceed against the accused for the offence under Section 420 IPC and for the aforesaid reasons and discussions, there are no sufficient material to proceed against the accused for the offence under Section 506 IPC. Hence, I answer the point arose for consideration, partly in the affirmative. 16. In the result, I proceed to pass the following: - 12 - HC-KAR NC: 2025:KHC:27648 CRL.RP No. 908 of 2021 ORDER i. Criminal revision petition is allowed in part. ii. The order dated 12.04.2021 passed on application filed under Section 239 of Cr.P.C. in Criminal Case No.310/2017 on the file of the Court of the Judicial Magistrate First Class Second Court, Davangere, is hereby modified insofar as offence punishable under Section 506 of IPC. iii. There is no material to proceed against the accused for the offence punishable under Section 506 of Indian Penal Code. iv. There is prima-facie material to proceed against the accused for the offence punishable under Section 420 of Indian Penal Code. v. Registry is directed to send copy of this order along with trial court records forthwith, to the concerned Court. Sd/- (G BASAVARAJA) JUDGE SSD List No.: 1 Sl No.: 16