- 1 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.18809 OF 2022 (GM-RES) C/W CRIMINAL PETITION NO.1230 OF 2024 (482 (Cr.PC)/528(BNSS)) IN W.P.No.18809/2022 BETWEEN: 1. SMT. PREMA KUMARI W/O C N KUMAR AGED ABOUT 67 YEARS R/AT NO.16, KASTURBA ROAD BANGALORE-560 001. 2. SMT. UMA GURU W/O SRI GURUSWAMY AGED ABOUT 68 YEARS R/AT NO.16, KASTURBA ROAD BANGALORE-560 001. …PETITIONERS (BY SMT. ANUPAMA BORDOLOI, ADVOCATE; PETITION AGAINST P.1 IS DISMISSED AS ABATED VIDE COURT ORDER DATED 16.04.2025.) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE MALLESHWARAM POLICE STATION BENGALURU-560 003 REPRESENTED BY INSPECTOR OF POLICE. 2. CENTRAL CRIME BRANCH COTTONPET MAIN ROAD SULTANPET, BAKSHI GARDENS CHICKPET, BENGALURU KARNATAKA-560 053 REPRESENTED BY ASSISTANT COMMISSIONER. 3. MR. S ARUN KUMAR S/O SRI A SUBBARAO AGED ABOUT 50 YEARS R/AT NO.27, 9TH CROSS, 7TH MAIN, MALLESHWARAM BANGALORE-560 003. …RESPONDENTS (BY SRI. RAJAT SUBRAMANYAM, HCGP., FOR R.1 AND R.2; SMT. B.P. RENUKAMBA, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE COMPLAINT DATED 29.01.2016 FILED IN CRIME NO.27/2016 FOR OFFENCES PUNISHABLE UNDER SECTIONS 406, 420 READ WITH 34 OF THE INDIAN PENAL CODE, 1860 AS AGAINST THE PETITIONERS (ANNEXURE-A), ETC. - 3 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 IN CRL.P.NO.1230/2024 BETWEEN: 1. SRI. P.V. SUMANTH S/O. LATE P.S. VISHWANATHAPPA, AGED ABOUT 65 YEARS, 2. SRI. P.V. HIREMANT @ P.V. HEMANTH S/O. LATE P.S. VISHWANATHAPPA, AGED ABOUT 54 YEARS, BOTH ARE RESIDING AT #33, VIJAYA, 5TH MAIN, CHAMARAJAPETE, BENGALURU-560 018. ...PETITIONERS (BY SMT. SANJEEVINI V.H., ADVOCATE FOR SRI. G. JAIRAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, MALLESHWARAM (CCB) POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, BENGALURU-560 001. 2. SRI. S. ARUN KUMAR S/O. A. SUBBARAO, AGED ABOUT 58 YEARS, R/AT NO.27, 7TH MAIN, 9TH CROSS, - 4 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 MALLESHWARAM, BENGALURU CITY-560 003. ...RESPONDENTS (BY SRI. RAJAT SUBRAMANYAN, HCGP., FOR R.1; SMT. B.P. RENUKAMBA, ADVOCATE FOR R.2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.18324/2020, OF CRIME NO.27/2016, AGAINST THE PETITIONERS FOR THE OFFENCES P/U/S.406 AND 420 READ WITH 34 OF IPC., WHICH IS NOW PENDING ON THE FILE OF III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU CITY, IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 ORAL ORDER 1. The complainant (respondent No.3 in W.P.No.18809 /2022) and respondent No.2 in Criminal Petition No.1230/2024 filed a complaint with the jurisdictional police alleging that one Sathish R.Shet has received a sum of Rs.1,00,00,000/- (Rupees one crore only) towards the purchase of around 12 acres of land, which is the subject matter of the instant petitions. 2. In short, the averments in the complaint state that the said Sathish R.Shet represented to the complainant that there is a very good opportunity to invest in 12 acres of land along with him and based on the said inducement and false promises, the complainant was induced to invest in the property concerned and an agreement dated 03.05.2012 was entered into with the so called owners of the property and the petitioners in the present writ petition and criminal petition have executed the agreement as vendors along with few other persons. Thereafter, the complainant realised that the vendors did - 6 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 not have a valid title and he realised that the said Sathish R.Shet had cheated him of the money and hence, he requested the police to initiate appropriate action against him. Based on the said complaint, Crime No.27/2016 came to be registered against the said Sathish R.Seth and certain unknown persons. However, after investigation, the jurisdictional police have filed a police report against 10 accused, charging them with offences under Sections 406, 420 read with Section 34 of IPC. Petitioners in W.P.No.18809/2022 are arrayed as accused Nos.5 and 6. Accused No.5 has since died, and the proceedings against her stands abated. Petitioners in Criminal Petition No.1230/2024 have been arrayed as accused Nos.9 and 10. Aggrieved by the said initiation of criminal proceedings against them, the present writ petition and criminal petition have been preferred by accused Nos.6, 9 and 10. 3. The case of the petitioners is that the property in question belongs to their family and their entire family - 7 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 entered into an agreement with the complainant herein and the said Sathish R.Seth, who is accused no.1 in C.C.No.18324/2020, and that the family of the petitioners agreed to sell the property in favour of accused No.1 and the complainant. The agreement is dated 03.05.2012. It is further submitted that the present petitioners did not receive any consideration by virtue of the said agreement. It is submitted that a portion of the advance sale consideration is received by the mother of the petitioners in W.P No.18809/2022 who was arrayed as accused No.4 and father of the petitioners in Crl.P.No.1230/2024 who was arrayed as accused no.2. It is further submitted that the petitioners were not dealing with the affairs of the property and they had no contact with the purchasers as per the agreement and it was their parents who were dealing with the said property. It is also submitted that subsequently accused No.4 and accused No.2 have died. It is also submitted that they have now realised that the purchasers were forewarned about the pending litigation - 8 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 and in fact the matter went upto Apex Court and now a declaration suit is pending by way of O.S.No.929/2021 on the file of the IV Additional Senior Civil Judge, Bengaluru Rural, in respect of the property, in which the present petitioners are impleaded as plaintiffs. It is also submitted that even if the complaint averments and the material collected during the investigation by the police are perused, no mens rea can be attributed in respect of the petitioners herein for the commission of the offences either under Sections 406 or 420 of the IPC. It is contented that the dispute is entirely civil in nature which has been given a criminal colour. It is also submitted that the complainant has never initiated any proceedings to recover the amounts alleged to have been paid to the family members of the petitioners herein, as per the terms of the agreement. 4. The counsel for the complainant submits that upon the representation of accused No.1 Sathish R. Seth, the complainant invested more than Rs.1 crore in the property - 9 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 concerned. However, it is submitted that in the agreement it is mentioned that the vendors therein have received a consideration of only Rs.50,00,000/-. It is further admitted during the course of arguments, the amounts were paid only to accused Nos.2 and 4, and not to the present petitioners herein. It is also admitted that the petitioners herein, per se, did not deceive the complainant. However, it is contented that the petitioners were present when the talks happened for purchase of the property and that they have signed the agreement and that though they did not receive any consideration directly from the complainant, after the demise of their respective parents, they have become the beneficiaries of the money received by accused Nos.2 and 4. It is further submitted that in Criminal Petition No.1832/2017, filed by accused No.1 - Sathish R. Shet, this Court has come to the conclusion that the matter requires trial and that this Court cannot interfere under Section 482 of Cr.P.C. and has accordingly, dismissed the petition. On the said grounds, it is prayed - 10 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 that the criminal petition and the writ petition be dismissed. 5. Learned High Court Government Pleader supports the contention of the complainant and prays for dismissal of the petitions. 6. Admittedly, there have been no talks about the sale of the property between the petitioners herein and complainant. The petitioners have done nothing to deceive the complainant into believing that they have valid title over the property concerned, which induced the complainant to enter into an agreement and pay other accused certain sums as alleged by the complainant. Admittedly, the petitioners herein have not received any consideration. Further, the complaint filed by the complainant itself reveals that it was at the behest of Sathish R.Shet (accused No.1), the complainant was made to part with consideration. As there is a direct allegation made against accused no.1, this Court in Criminal Petition - 11 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 No.1832/2017 has dismissed the petition filed by him. There are no such allegations made against the petitioners herein. The proceedings show that the petitioners believe that their family owned the property concerned, based on the submissions of their respective parents and there has been a litigation between the petitioners' families and third parties in respect of the said property and the same is still pending. 7. It is also noticed that the complainant has not initiated any recovery proceedings pursuant to the agreement nor has he filed any suit for specific performance. The material produced, clearly establishes that even all the allegations made is based on the complaint and the materials found by the prosecution are true, still the petitioners herein, cannot be convicted for the offences under Sections 406 and 420 of IPC. 8. For the aforementioned reasons, the petitions are allowed. The proceedings in C.C.No.18324/2020 pending - 12 - HC-KAR NC: 2025:KHC:45956 WP No. 18809 of 2022 C/W CRL.P No. 1230 of 2024 on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru City, insofar as it relates to the petitioners herein are concerned (accused nos.6, 9 and 10) stands quashed. 9. It is hereby made clear that this order will not come in the way of the complainant initiating any recovery proceedings or specific performance of contract against the petitioners in accordance with law. 10. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 14