- 1 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2865 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. H. CHANDRASHEKAR S/O. HUCHAGANGAIAH AGED ABOUT 45 YEARS RESIDING AT NO.39 BRUNDAGIRI LAYOUT, 2ND CROSS SEEGEHALLI MAIN ROAD BAGALAGUNTE, NAGASANDRA BANGALORE-560073. …PETITIONER (BY SRI. MOHAN KUMAR H.G., ADVOCATE) AND: 1. LOKAYUKTHA P S (EARLIER ACB) REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE KARNATAKA LOKAYUKTA SRI T KODANDARAM BENGAURU RURAL DISTRICT POLICE STATION BENGALURU-560001. 2. T R KUMARASWAMY POLICE INSPECTOR, ACB BENGALURU RURAL DISTRICT POLICE STATION BENGALURU-560001. …RESPONDENTS (BY SRI. LETHIF B., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED COMPLIANT MADE BY THE 2ND RESPONDENT T.R. KUMARASWAMY, POLICE INSPECTOR (ACB), BENGALURU RURAL DISTRICT, DATED 27.10.2018 (ANNEXURE-A) AND IMPUGNED FIRST INFORMATION REPORT DATED 27.10.2018 UNDER SECTION 7(a), 7A, 13(1)(a) OF PREVENTION OF CORRUPTION OF ACT, 1988 (AMENDMENT 2018) IN CRIME NO.9/2018 REGISTERED BY 1ST RESPONDENT POLICE (ANNEXURE-B) AND THE IMPUGNED PROCEEDINGS IN SPL.CASE NO.1144/2023 ON THE FILE OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU REGISTERED PURSUANT TO FILING OF CHARGESHEET BY RESPONDENT NO.1 POLICE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seek quashing of the proceedings in Spl.C.No.1144/2023 arising out of Crime No.9/2018 registered by respondent No.1–Police, pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru for the offences punishable under Sections 7(a), 7A, 12 and 13(1)(a) of the Prevention of Corruption Act (Amendment) Act, 2018. - 3 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and 2 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner viz., H. Chandrashekar, was arraigned as accused No.3, pursuant to FIR in Crime No.9/2018. The offences alleged against the petitioner and other accused are under 7(a), 7A, 12 and 13(1) (a) of Prevention of Corruption Act (Amendment) Act, 2018. 4. In this context, learned counsel for the petitioner invited my attention to an order of this Court passed in order to point out that Crl.P.No.977/2024 dated 07.02.2025 as against accused Nos.4 and 5 in view of quashment of criminal proceedings qua accused Nos.4 and 5, the present petitioner, who is accused No.3 would be entitled to seek parity. 5. This Court in the case of D.V. Suresh and another vs. Lokayuktha P.S. and another – Crl.P.No.977/2024 dated 07.02.2025, quashed the criminal proceedings qua accused Nos.4 and 5 (in Spl.C.No.1144/2023) and held as under: "In this petition, the petitioners seek the following reliefs: - 4 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 a) QUASH the impugned complaint made by the 2nd respondent T.R. Kumaraswamy, Police Inspector (ACB), Bengaluru Rural District, dated 27.10.2018 (Annexure-A) and impugned First Information Report dated 27.10.2018 U/s. 7(a), 7A, 13(1)(a) of Prevention of Corruption Act, 1998 (Amendment 2018) in Crime No.9/2018 registered by 1st respondent police (Annexure-B) and the entire proceedings in Spl.Case No.1144/2023 on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, registered pursuant to filing of chargesheet by respondent No.1 police, in the interest of justice and equity. b) Pass any other order as this Hon’ble Court deems fit, in the facts and circumstances of the case, including the cost of this petition, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for respondent Nos.1 and 2 and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to a complaint given by respondent No.2 – Police against the petitioners-accused Nos.4 and 5 and three other persons, the proceedings against the petitioner – accused Nos.4 and 5 as well as accused Nos.1 to 3 were initiated in Crime No.9/2018 before the Sessions Court. In the said proceedings, Ranganatha M. was arraigned as accused No.2, who approached this Court in W.P.No.27705/2023. In this context, it is relevant to state - 5 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 that the petitioners are not public servants and they are only stamp vendors/deed writers as on the date of the alleged incident. It is also not in dispute that the aforesaid Ranganatha M., accused No.2 was a computer operator / SDA in the office of the Sub-Registrar and in the said W.P.No.27705/2023 disposed of on 14.12.2023, this Court quashed the proceedings qua accused No.2 - Ranganatha M., who was undisputedly a public servant by holding as under: “The registration of FIR for the offences punishable under Sections 7(a), 7A, 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988, is impugned in this petition. 2. The complaint dated 27.10.2018 lodged by the Inspector of Police attached to the Anti Corruption Bureau to the Superintendent of Police in Crime No.09/2018 was registered for the aforesaid offences. 3. The substance of the complaint is that the complainant had received credible information from the public that the officers working at the Sub-Registrar, Dasanapura were collecting money to perform official duties through their agents. The Deputy Superintendent of Police directed a discreet enquiry and report to be submitted. Accordingly, a discreet enquiry was held in the office of the Sub-Registrar, Dasanapura, and it was found that many officers in the office of the - 6 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 Sub-Registrar, Dasanapura were collecting money through agents. Based on this, the office of the Sub-Registrar, Dasanapura was searched, and it was uncovered that the petitioner was in possession of a sum of Rs.6,930/-, which was unaccounted. 4. Heard the learned counsel for the parties. 5. The issue involved in this petition was examined by the coordinate Bench of this Court in WP No.9388/2020 (DD 15.11.2023), Crl.P No.4685/2019 (DD 5.10.2023) and No.200473/2023 c/w WP No.200524/2023 (DD 24.7.2023), wherein it was observed that in the absence of any demand and acceptance of gratification for doing any official working ,the prosecution of the petitioner therein for the offence punishable under Section 7A of the PC Act is arbitrary and notsustainable in law. Therefore, these petitions require to be disposed of in terms of the aforesaid orders. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in Spl.C No.1144/2023 pending on the file of the learned IX Addl. District and Sessions Judge, Bangalore Rural District, - 7 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 Bangalore, insofar as it relates to the petitioner herein stands quashed. iii) The competent Authority to initiate action against the petitioner for alleged possession of the money which was not accounted for in terms of the circular.” 4. In view of quashment of the proceedings as against a public servant, who was arraigned as accused No.2 viz., Ranganatha M. by this Court in W.P.No.27705/2023, by invoking / applying doctrine of parity, the question of continuation of the proceedings in relation to an incident pertaining to the petitioners/private persons, who were only stamp vendors/deed writers, deserves to be quashed. 5. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The impugned criminal proceedings in Spl.Case No.1144/2023 arising out of Crime No.9/2018 by respondent No.1-Police, pending on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, in so far as the petitioners are concerned, are hereby quashed." - 8 - HC-KAR NC: 2025:KHC:23997 CRL.P No. 2865 of 2024 6. In the instant case, it is an undisputed fact that proceedings as against accused Nos.4 and 5 have been quashed by this Court in Crl.P.No.977/2024 and consequently, by applying the doctrine of parity, proceedings against the petitioner - accused No.3 in this petition also deserves to be quashed. 7. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The proceedings in Spl.C.No.1144/2023 arising out of FIR in Crime No.9/2018 registered by respondent No.1–Police, pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, for the offences punishable under Sections 7(a), 7A, 12 and 13(1)(a) of the Prevention of Corruption Act (Amendment) Act, 2018 insofar as the petitioner- accused No.3 is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 2 Sl No.: 3