- 1 - HC-KAR NC: 2025:KHC:27632 CRL.P No. 2154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2154 OF 2024 BETWEEN: 1. R. SINGARI GOWDA, S/O RAMANNA, AGED ABOUT 61 YEARS, R/AT NO.13, SREYAS NILAYA, 5TH CROSS, 9TH MAIN, G.B PALYA, HONGASANDRA, BENGALURU – 560 068. 2. RUKMINI, W/O R. SINGARI GOWDA, AGED ABOUT 53 YEARS, R/AT NO.228/2, BEGUR MAIN ROAD, HONGASANDRA, BANGALORE. PIN – 560 068. 3. MADHUNANDAN @ YADHUNANDAN K.S., S/O R. SINGARI GOWDA, AGED ABOUT 37 YEARS, R/AT JODIKARADAHALLI, KARADAHALLI, NAGAMANGALA TALUK, MANDYA DISTRICT PIN – 571 432. …PETITIONERS (BY SRI. LAKSHMIKANTH K., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27632 CRL.P No. 2154 of 2024 AND: 1. STATE OF KARNATAKA, BY KALASIPALYA POLICE STATION, BENGALURU. REPRESENTED BY ITS STATE PUBLIC PROSPECTOR, HIGH COURT BUILDING, BANGALORE – 560 002. 2. KAVITA, W/O MADADEVA, AGED ABOUT 41 YEARS, R/AT NO.8/4, SIDDAGANGA, MENTION, 1ST MAIN, 4TH CROSS, KALASIPALYA, BANGALORE PIN – 560 002. …RESPONDENTS (BY SRI.K.NAGESHWARAPPA, HCGP FOR R-1; R-2 SERVED AND UN-REPRESENTED) *** THIS CRL.P. IS FILED U/S.482 OF CR.P.C PRAYING TO CALL FOR THE RECORDS IN C.C.NO.9697/2023 PENDING BEFORE THE 5TH ACMM AT BANGALORE AND QUASH THE PROCEEDINGS IN C.C.NO.9697/2023 (CRIME NO.161/2022) OF RESPONDENT POLICE KALASIPALYA POLICE, BENGALURU FOR THE OFFENCE P/U/S 420, 504, 506 OF IPC PENDING ON THE FILE OF VIII ADDL.C.M.M., BENGALURU. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27632 CRL.P No. 2154 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs. "WHEREFORE, the above named petitioners most humbly pray that this Hon'ble Court be pleased to call for the records in C.C.No.9697/2023 pending before the 5th ACMM at Bangalore and quash the proceedings in C.C.No.9697/2023 (Crime No.161/2022) of respondent Police Kalasipalya Police, Bengaluru for the offence p/u/s 420, 504, 506 of IPC pending on the file of Viii Addl.C.M.M., Bengaluru." 2. Heard the learned counsel for the petitioners and learned HCGP for respondent No.1-State. Respondent No.2 is served and un-represented. 3. A perusal of the material on record will indicate that the second respondent - complainant filed the instant complaint dated 06.10.2022 registered as an FIR in Crime No.161/2022 against the petitioners for the alleged - 4 - HC-KAR NC: 2025:KHC:27632 CRL.P No. 2154 of 2024 offences punishable under Sections 420, 504, and 506 of IPC. After conducting investigation, Respondent No.1 - Police authorities filed charge sheet against the petitioners which is pending consideration in C.C.No.9697/2023 before the Trial Court and which is assailed by the petitioners in the present petition. 4. In this context, it is pertinent to note that, in relation to the very same allegations and same subject matter of the complaint, respondent No.2 - complainant had initiated proceedings against the petitioner No.1/accused No.1 in C.C.No.18818/2018 for the offence punishable under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881, which culminated in the judgment of conviction and sentence against the petitioner No.1/accused No.1 vide judgment dated 30.08.2019. It is also undisputed fact that the petitioner No.1 has undergone said sentence imposed by the Trial Court in C.C.No.18818/2018 referred to supra. It is also significant to note that a perusal of the aforesaid - 5 - HC-KAR NC: 2025:KHC:27632 CRL.P No. 2154 of 2024 judgment in C.C.No.18818/2018 and the allegations made in the impugned complaint and FIR will indicate that the subject matter of the said proceedings in C.C.No.18818/2018 and the subject matter of the impugned complaint are one and the same and identical and that the respondent No.2-complainant has made similar allegations not only against petitioner No.1/accused No.1, but also against the remaining petitioners in the present petition. 5. Under these circumstances, in the light of the judgment of the Trial Court in C.C.No.18818/2018 dated 30.08.2019, on the file of XXI Additional Chief Metropolitan Magistrate, Bengaluru City, in relation to the very same subject matter, I am of the considered opinion that continuation of the impugned proceedings in the present petition would amount to abuse of the process of law, warranting interference in the present petition. 6. In the result, I pass the following: - 6 - HC-KAR NC: 2025:KHC:27632 CRL.P No. 2154 of 2024 ORDER i. The Criminal Petition is hereby allowed; ii. The impugned proceedings in C.C. No. 9697/2023, initiated by respondent No.1 - Kalasipalya Police, pending on the file of the 8th Additional Chief Metropolitan Magistrate, Bangalore, for the offences punishable under Sections 420, 504 and 506 of IPC, qua the petitioners herein/accused Nos.1, 2 and 3, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 3