- 1 - NC: 2025:KHC-D:2901 CRL.P No. 102452 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102452 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. LATA W/O. RAJARAMSINGH RAJAPUT, AGE: 46 YEARS, OCC: ADVISOR IN EXIDE LIFE INSURANCE COMPANY, R/O: MAGACHIGONDI LAY-OUT, SIDDAROODH MATH ROAD, OLD HUBBALLI, HUBBALLI-580 024. 2. SMT. APARNA W/O. MANJUNATH NEELANNAVAR, AGE: 44 YEARS, OCC: ADVISOR IN EXIDE LIFE INSURANCE COMPANY, R/O: V. G. DEVANGMATH CHAWL, SADAR, SOPA, OLD HUBBALLI, HUBBALLI-580 024. … PETITIONERS (BY SRI. BALAGOUDA A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH P.I., SUB-URBAN POLICE STATION, HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 011. 2. SHRI. FRANCIS SHYLESH CORREYA, OCC: SENIOR MANAGER-ANTI FRAUD AND RISK MANAGEMENT IN M/S ING VYSYA LIFE INSURANCE COMPANY LIMITED, HAVING ITS REGISTERED OFFICE AT: ING VYSYA HOUSE, 5TH FLOOR, M.G. ROAD, BENGALURU-560 001. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:43 +0530 - 2 - NC: 2025:KHC-D:2901 CRL.P No. 102452 of 2023 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING THAT QUASH THE COMPLAINT, FIR AND CHARGE SHEET FILED AGAINST THE PETITIONERS AND THE PROCEEDINGS IN CC NO.3362/2024 ARISING OUT OF HUBBALLI SUB-URBAN P.S CRI NO.214/2013 FOR THE OFFENCES P/U/S 419, 420, 465, 468, 471, 511 R/W 149 OF IPC PENDING ON THE FILE OF THE II ND ADDL. SENIOR CIVIL JUDGE AND JMFC HUBBALLI, IN SO FAR PETITIONERS/ACCUSED NO.5 AND 6 ARE CONCERNED. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who are accused Nos. 5 and 6 in the proceedings before the trial court, are sought to be prosecuted for offences punishable under Sections 419, 420, 465, 468, 471, and 511 read with Section 149 of the Indian Penal Code (IPC). They have approached this Court seeking relief. 2. The prosecution alleges that Accused No. 1 had obtained an insurance policy from ING Insurance Company covering the life of her husband for sums of ₹10,00,000 and ₹2,00,00,000. The insurance policies were issued on 21.10.2010. It is further alleged that although the husband of Accused No. 1 died on 13.11.2010, a claim was made for the insured amount by fraudulently producing a fabricated death certificate, falsely indicating a different date of death. 3. Learned counsel for the petitioners submitted that, at the time of submitting the insurance proposal, the deceased was alive. The petitioners, who were merely insurance agents, had only facilitated the submission of the proposal and were not involved in - 3 - NC: 2025:KHC-D:2901 CRL.P No. 102452 of 2023 claiming the insurance amount after the death of Accused No. 1’s husband. Therefore, in the absence of any substantial evidence linking the petitioners to the fraudulent claim, the continuation of criminal proceedings against them would amount to an abuse of the process of law. 4. In response, learned Additional Government Advocate (AGA) for the State contended that although the proposal was submitted prior to the deceased’s death, Accused Nos. 5 and 6, in collusion with the other accused, had conspired to fraudulently claim the insurance amount. The AGA argued that the veracity of these allegations should be examined during trial and cannot be adjudicated in this petition. Therefore, the AGA sought the dismissal of the petition. 5. The arguments of the learned counsel for both parties are duly considered. 6. A perusal of the charge sheet reveals that a death certificate issued by the Hubballi-Dharwad Municipal Corporation records the death of Accused No. 1’s husband, Sri Somanna Mungeli, on 13.11.2010. However, the prosecution alleges that a fabricated death certificate was later produced, falsely stating that the deceased had died on 09.09.2012. It is further alleged that Accused No. 3, a doctor, issued a false certificate stating that the deceased passed away on 09.09.2012 due to a heart attack at his residence. - 4 - NC: 2025:KHC-D:2901 CRL.P No. 102452 of 2023 7. The role of the petitioners (Accused Nos. 5 and 6) was limited to submitting the insurance proposal as agents. They had no involvement in claiming the insurance amount after the death of Accused No. 1’s husband. Except for the general allegation that they conspired with the other accused to fraudulently claim the insurance amount, there is no specific overt act attributed to them detailing their alleged participation in the conspiracy. In the absence of such specific evidence, the petitioners cannot be prosecuted solely on the basis of vague or unsubstantiated allegations. The trial court cannot frame charges without clear and specific allegations indicating their role in the conspiracy. Under such circumstances, the continuation of criminal proceedings against them would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 3362/2024 pending before the II Additional Senior Civil Judge and JMFC, Hubballi, insofar as they relate to Accused Nos. 5 and 6, are hereby quashed. The trial court shall proceed against the remaining accused in accordance with law, without being influenced by any observations made in this order. It is clarified that the observations made herein are solely for the purpose of deciding the present petition. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN CT:BCK/LIST NO.: 1 SL NO.: 50