- 1 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 14500 OF 2024 BETWEEN: DR. RAMALINGAPPA GANIGI S/O BASASPPA GANIGI AGED ABOUT 53 YEARS R/AT ANANDADHAMA, II MAIN ROAD, I CROSS, RENUKAMBA NAGARA, CHUNCHUGATTA, UTTARAHALLI HOBLI BENGALURU - 560 062. …PETITIONER (BY SRI. NAGARAJA S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KONANAKUNTE POLICE STATION BENGALURU - 560 062. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 2. SRI. NAGABHUSHAN N.S S/O N.S. MAHADEVAPPA AGED ABOUT 50 YEARS 3. SRI. MAHADEVA PRASAD N.S S/O N.S. MAHADEVAPPA AGED ABOUT 53 YEARS 4. SMT. SWATI GUDAGE W/O DR. NAGABHUSHAN AGED ABOUT 45 YEARS 5. SRI. MAHADEVAPPA.N.S S/O N.S. MAHADEVAPPA AGED ABOUT 79 YEARS R2 TI R5 ARE R/AT #7, VAIBHAVA NILAYA, I CROSS, ANJANADRI LAYOUT, KONANAKUNTE BENGALURU - 560 062. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 05-02-2022 PASSED IN P.C.R. NO. 13094/2020 (CRIME NO. 291/2020), REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 107, 120B, 191, 420 AND 468 OF INDIAN PENAL CODE ON THE FILE OF THE LEARNED II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND RESTORE THE ABOVE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the complainant assailing the impugned order passed by the learned Magistrate on 'B' report. 2. Heard the learned counsels on record. 3. The petitioner, who is the complainant before the Trial Court, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, against respondent Nos.2 to 5. The allegations in the complaint are that respondent Nos.2 to 5, by misrepresentation and fraud, illegally withdrew the death benefits payable on account of the demise of the petitioner’s wife and also managed to transfer a Maruthi Alto car in their favour by misleading the Authorities. It is further alleged that respondent Nos.2 to 5, by taking undue advantage of the petitioner’s minor daughter, filed a false affidavit and on - 4 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 the strength of such affidavit obtained sanction of a site from the Karnataka Housing Board. Based on these allegations, the petitioner sought initiation of criminal action against respondent Nos.2 to 5. 4. The matter was referred for investigation. The Investigating Officer, after conducting investigation, submitted a final report in the form of a “B” report. In the said report, the Investigating Officer observed that the dispute raised by the petitioner is essentially of a civil nature, inasmuch as the minor daughter of the complainant had already instituted a civil suit in O.S.No.7149/2011 and another civil proceeding was also pending in O.S.No.4964/2012 before the jurisdictional civil court. In view of pendency of these suits, the Investigating Officer concluded that the allegations did not warrant criminal prosecution and therefore recommended dropping of the proceedings. The petitioner, being aggrieved by the - 5 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 filing of the “B” report, filed a protest petition contesting the same. 5. The learned Magistrate, however, upon considering the material on record, accepted the “B” report and dropped the proceedings. While doing so, the learned Magistrate recorded a finding that the petitioner, being the husband of the deceased employee, is required to establish his entitlement to the terminal benefits of his wife before the competent forum. The Magistrate rightly observed that unless there is an adjudication by a competent civil court or Authority as to who is legally entitled to receive the service benefits, including family pension and other death benefits, the petitioner cannot maintain a private criminal complaint alleging that respondent Nos.2 to 5, through the minor daughter, have wrongfully denied him the said benefits. - 6 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 6. On a careful examination of the records and the order impugned, this Court is of the opinion that the learned Magistrate has taken a correct view of the matter. The entitlement to service benefits, pension, or other terminal dues of a deceased employee involves determination of civil rights, which can only be adjudicated upon evidence before the competent civil court or appropriate authority. Such issues cannot be converted into a criminal prosecution merely because one of the parties feels aggrieved. 7. The present case, therefore, does not disclose any ingredients of cheating or criminal misappropriation as alleged by the petitioner. The dispute between the parties is essentially civil in character, arising out of rival claims for entitlement to service and death benefits. The Investigating Officer was justified in filing a “B” report and the learned Magistrate, on appreciation of the material, has rightly accepted the same. I find no error, perversity, - 7 - HC-KAR NC: 2025:KHC:32050 CRL.P No. 14500 of 2024 or illegality in the order passed by the Magistrate warranting interference under the inherent jurisdiction of this Court. 8. In view of the above discussion, this Court is of the considered view that the petitioner has to work out his remedy before the competent civil court or authority, if so advised. No indulgence is called for in exercise of powers under Section 482 of the Cr.P.C. Accordingly, the petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE KG List No.: 1 Sl No.: 14