- 1 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10820 OF 2024 BETWEEN: 1. PARSANNA N., S/O NAMADEVAN MUNISWAMY RAJGOPAL, AGED ABOUT 50 YEARS, RESIDING AT NO.014, B-3, GROUND FLOOR, MALAPRABHA BLOCK, NATIONAL GAMES HOUSING COMPLEX, KORAMANGALA, VIVEKANAGARA, BANGALORE NORTH – 560047. …PETITIONER (BY SRI.LAKSHMIKANTH K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI POLICE STATION REP BY CCB POLICE REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. 2. SRI. G. HARISH, S/O C. GOVINDASWAMY, AGED ABOUT 51 YEARS, RESIDING AT NO.4, 3RD BLOCK, 6TH MAIN, 4TH CROSS, T. R. NAGAR, BANGALORE CITY – 560028. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1; SRI.SHAM RAO S., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH PROCEEDINGS IN C.C.NO.2422/2022 Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 (CRIME.NO.12/2019 OF RESPONDENT POLICE) ON THE FILE OF IV ACMM BANGALORE FOR THE ALLEGED OFFENCE PUNISHABLE U/S 406, 420 OF IPC AND PASS SUCH NECESSARY ORDER/S AS THIS HONBLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this Petition, Petitioner seeks the following reliefs: "Wherefore, it is respectfully prays that, this Hon'ble court may be pleased to call for the records in C.C.no.2422/2022 (Crime No.12/2019 of respondent police) pending on the file of IV Addl. CMM. Bangalore and quash proceedings in C.C.No.2422/2022 (Crime No.12/2019 of respondent police) on the file of IV ACMM Bangalore for the alleged offence punishable under Sections 406, 120(B) r/w 34 of IPC and pass such necessary order/s as this Hon'ble court deems fit, in the interest of justice." 2. Heard the learned counsel for the Petitioner, learned HCGP for Respondent No.1 so also learned counsel appearing for Respondent No.2 and perused the entire material on record. - 3 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 3. A perusal of the material on record will indicate that Respondent No.2 - de facto complainant field the instant complaint dated 13.02.2019 against the Petitioner - Accused No.5 and four other accused persons, which was registered in FIR in Crime No.12/2019 for alleged offences p/us/. 406, 420, 120(B) r/w 34 of IPC. Subsequently, after investigation, the Respondent No.1-police authorities filed charge sheet which is currently pending adjudication in CC No.2422/2022 before the trial court for alleged offences p/u/s 406, 420, 120(B) r/w 34 of IPC. In this context, it will be necessary to extract the relevant portion of the impugned FIR and complaint which reads as under: FIR: "F PÉù£À ¸ÀAQë¥Àà ¸ÁgÁA±ÀªÉãÉAzÀgÉ ¦AiÀiÁ𢠲æÃ.f.ºÀjñï gÀªÀgÀÄ ¢£ÁAPÀ:- 13-02-2019 gÀAzÀÄ oÁuÉUÉ ºÁdgÁV ¤ÃrzÀ zÀÆj£À°è £À£Àß ªÀÄUÀ ²jÃ±ï £ÀÄ ¦.AiÀÄÄ.¹. ªÁå¸ÀAUÀ ªÀÄÄV¹ ¤Ãmï ¥ÀjÃPÉëAiÀÄ£ÀÄß §gÉzÀÄ ¥sÀ°vÁA±ÀPÁÌV PÁAiÀÄÄwÛzÉÝêÀÅ. ¥sÀ°vÁA±À §AzÀ £ÀAvÀgÀ ªÉÄrPÀ¯ï ªÁå¸ÀAUÀPÉÌ PÀ¼ÀÄ»¸À¨ÉÃPÉAzÀÄ PÉÆArzÉÝêÀÅ. »ÃVgÀĪÁUÀ 2018gÀ dÆ£ï wAUÀ¼À°è £ÀªÀÄä ¸ÀA§A¢üPÀgÁzÀ ¥Àæ¸Ázï gÀªÀgÀ ªÀÄÆ®PÀ ¥ÀjZÀAiÀĸÀÜgÁzÀ ¸Àwñï JA§ÄªÀªÀgÀÄ £À£ÀߣÀÄß UÁA¢Ã§eÁgï £À°èzÀÝ CªÀgÀ D¦üøï UÉ PÀgɹPÉÆAqÀÄ ©£Éñï JA§ ªÀåQÛAiÀÄ£ÀÄß ¥ÀjZÀ¬Ä¹ £ÀªÀÄUÉ ¨ÉAUÀ¼ÀÆj£À PÉ®ªÀÅ ªÉÄrPÀ¯ï PÁ¯ÉÃdUÀ¼À°è ¥ÀjZÀAiÀĸÀÜjzÀÄÝ CªÀgÀ ªÀÄÆ®PÀ ¤ªÀÄä ªÀÄUÀ¤UÉ - 4 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 gÁdgÁeÉñÀéj ªÉÄrPÀ¯ï PÁ¯ÉÃf£À°è ªÉÄrPÀ¯ï ¹Ãmï PÉÆr¸ÀĪÀÅzÁV £ÀA©¹ ¢£ÁAPÀ:- 05-06-2018 gÀAzÀÄ ªÀÄÄAUÀqÀªÁV 5,00,000/- gÀÆ ºÀt UÁA¢üçeÁgï £À°èzÀÝ D¦üÃ¸ï £À°è ¥ÀqÉzÀÄPÉÆArzÀÝgÀÄ. EzÁzÀ £ÀAvÀgÀ ºÀAvÀ-ºÀAvÀªÁV ¢£ÁAPÀ:- 05-06-2018 jAzÀ ¢£ÁAPÀ:-03-11-2018 gÀªÀgÉUÉ ©£Éñï, ¸Àwñï, ©£ÉÃ±ï ¸ÉßûvÉ C©üµÉÃPï, gÁdgÁeÉñÀéj ªÉÄrPÀ¯ï PÁ¯ÉÃf£À J¸ÉÖÃmï D¦üøÀgï ¥Àæ¸À£ÀßPÀĪÀiÁgï, PÉ.E.J.£À°è PÉ®¸À ªÀiÁqÀĪÀ ZÉ®égÁeï ªÀÄvÀÄÛ ©£Éñï gÀªÀgÀ D¦üÃ¸ï £À°è PÉ®¸À ªÀiÁqÀĪÀ eÉÆøɥsï gÀªÀgÀÄUÀ¼ÀÄ ¸ÉÃjPÉÆAqÀÄ ªÉÄrPÀ¯ï ¹Ãmï PÉÆr¸ÀĪÀÅzÁV £ÀA©¹ MlÄÖ 1,05,000.00/- (1 PÉÆÃn 5 ®PÀë) gÀÆUÀ¼À£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ ªÉÄrPÀ¯ï PÉÆr¸ÀzÉ ªÉÄrPÀ¯ï ¹Ãmï UÁV PÉÆnÖzÀÝ ºÀtªÀ£ÀÄß ªÁ¥À¸Àì ¤ÃqÀzÉà £ÀA©¹ ªÉÆøÀ ªÀiÁrgÀÄvÁÛgÉ. ªÉÄrPÀ¯ï ¹Ãmï PÉÆr¸ÀÄzÁV £ÀA©¹, ªÉÆøÀ ªÀiÁrgÀĪÀ ªÉÄîÌAqÀ C¸Á«ÄUÀ¼À£ÀÄß ¥ÀvÉÛ ªÀiÁr PÁ£ÀÆ£ÀÄ PÀæªÀÄ dgÀÄV¸À¨ÉÃPÉAzÀÄ PÉÆlÖ zÀÆgÀÄ EvÁå¢." COMPLAINT: "10/02/2019 To, The Inspector Basavanagudi Police Station, BENGALURU – 560 001. From, G.HARISH, No.44, 3rd Block, 6th Main, 4th Cross, Thyagarajanagar, BENGALURU – 560 028. Respected Sir, Sub:- Reg. Complaint for causing fraud, misrepresentation, intimidation and illegal confinement against Mr. Binish/Abhishek/Satish and Others. - 5 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 I, Mr.G.Harish, aged about 52 years, S/o Late. C.Govindaswamy, resident of Bangalore do hereby submit, the following for your kind consideration and necessary action that, I would like to bring to your kind notice that, I was enquiring for a Medical seat to my son. On one day when we all gathered in a function in my wife Cousin house Mr. Prasad he told that he knew one Mr.Satish who can get a medical seat for us and on the next day he told to come to his friend office Mr.Satish at Gandhi Bazar, Basavanagudi. That the next day in the morning myself and my son went to meet Mr. Satish and he introduced himself and at the same place there was a person by name Mr.Binesh along with Mr.Satish. He introduced Mr.Binesh to us by telling that he can get a medical seat for us and he has done lot of admissions in the Medical colleges and Mr.Binesh told that he knew one Mr.Abhishek who is working as a under secretary in the CBSE Board, New Delhi and he telephoned in front of us and told him about the requirement of Medical seat and through the phone he accepted a medical seat and Mr.Binesh fixed an amount getting a medical seat to us and he told us that if we are ready to pay a sum of Rs.1.10 Crore (Rupees One crore Ten lakhs) he can get a medical seat easily for us in Bengaluru we negotiated with him to reduce the amount, but he did not accepted for it and finally Mr.Binesh and Satish finalized for a sum of Rs.1.10 Crore and I accepted for this and he immediately insisted me to make an advance payment of Rupees Five lakhs and I paid him on the same day in the Satish Office and on the next day he told us that he is in the Karnataka Examination Authority, Malleswaram and told us to come near the board and he was telling us that the allotment process is going on in the KEA and seat will the allotted in the Mock round and he introduced Mr. Chelavarj in the Board he told that the seat allotment will be done in the Mock Round as it was the final round and after One month Mr.Chelvaraj and Binesh showed us the allotment letter to us that the seat has been allotted in the RRMC by KEA and Mr. Binesh took us to the medical college and introduced Mr. Prasanna Kumar, Estate Officer of RRMC and he told us that the seat has been confirmed for your son and will give the application form to Mr.Binesh and it should be got filled up and return back to him. - 6 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 That Mr.Dinesh told us that Mr.Abhishek is coming from Delhi, the next day myself and my son met him in ITC hotel and Mr Dinesh introduced to us and he gave us the application form of RRMC and told us to fill the application form and we filled the application form and gave all the enclosures along with the application form and he told us that he will submit the application form to the college and will tell us about the fee details and told us to take a DD for Rs.6.20 lakhs in the name of RRMC, Bengaluru and as per his instruction I took a DD and submitted to him and he told us to come near the college the next day he took all our originals and went inside the college and made us to wait near the lobby and after some time he told us that I have spoken to the chairman and he has confirmed the seat. That Myself and my son were going near the college daily and he used to come near the college and he was making us to wait outside and he used to go inside the college office and after coming out he used to tell us that everything is getting ready and I will hand over the Admission letter to you as soon I receive from the college and he insisted us to come near the college daily, for a period of one month and he told us that the Accountant is telling that the DD amount is wrong and I should take a separate DD for Rs.4.20 lakhs and I changed the DD and handed over the DD on the same day near the college and the next day he told that the Accountant is telling that the DD is not required and the fees should be paid in cash to the college and I took him near the bank and I cancelled the DD and encashed the same and paid the encashed DD amount and he told that he will be going to the college and pay the fees in the form of cash and I was insisting for the challan he was telling me that everything will be handed over ie., the Admit Card, ID Card, Books, and the fee paid challan the next day. On the next day he told us that he must get approval from the Rajiv Gandhi University and he took us to the university and he gave an application form to be filled and after one week he told us that approval has been received from the university and it has been submitted to the college and he told that DME approval is also required and he took us to the DME at Anand Rao Circle and told us - 7 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 that the process is going on it will take one week and after one week he told us that tomorrow the PS of MCI is coming from New Delhi to get approval from DME and he introduced her and they went inside the Director's Chamber of DME and made us to wait outside the office and told us that approval has been received and he can go for the college the next day. In the Evening he made us to come to the hotel to collect all the documents and he showed us the college admission letter which has been received through mail from the college signed by the Dean through the mobile phone and told us that he will hand over all the documents tomorrow morning near the college. The next day, morning he started saying that I have not yet still received the documents from the college wait for some time until the documents is received, he was delaying in handing over the admission letter nor taking to the college he was giving one reason or the other by telling lies that I will take you the next working day and by this time the college had already been started I was requesting him to send my son to the college he was telling us to be near the college we were waiting but he was not turning up and finally on one day he sent on person by name Mr.Joseph and he told us that he will take my son inside the college and send him to the class but we were waiting there but he would tell us that he will take tomorrow and we were returning back. I have paid him an amount totaling to Rs. 1.05 Crores (Rupees One Crore Five Lakhs ) on various dates which I have enclosed the payment details statement for your reference. Finally I asked him to return back the money Mr. Binesh told that he will return back the money along with an interest of 10% on the amount which has been paid by me. On 05-12-2018 he has deposited a Cheque in my Account of Corporation Bank, New Delhi bearing No- 531180 for Rs. 75,00,000/- of Indus Ind Bank, New Delhi and the cheque was returned by saying as Drawers Signature Differs I am hereby enclosing the copy of the Deposited Challan and Copy of the pass sheet being the Cheque deposited and returned før your kind reference and I was insisting him to return back the money which has been paid by us, he was telling us that he will return back tomorrow but as on date he has not yet returned back the amount. If we pressurize him to return back the amount he will tell us that I am influential person I am - 8 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 very close to Home Minister, ACP's and DC and if you give any complaint against me you cannot take back the amount from us and use to threaten us with goondas. Also please find enclosed the recordings of conversation in a pen drive for your reference. I have pledged gold and have taken loan from the bankers and have made all these payments and I have also borrowed personal loan with huge interest they are insisting me to return back the amount along with the interest immediately I am finding it very difficult to repay the amount until he repay back the amount to me. I hereby request your goodselves to kindly investigate into the matter and take necessary action against all the above named persons for causing fraud, misrepresentation and for intimidation and illegal confinement. And for this act of kindness I shall remain ever obliged, Thanking you, 4. Similarly, relevant portion of the charge sheet summary is reproduced as hereunder: J5 DgÉÆæAiÀÄ «gÀÄzÀÝ zÉÆõÁgÉÆÃ¥ÀuÉ:- F zÉÆõÀgÉÆÃ¥ÀuÉ ¥ÀnÖAiÀÄ PÁ®A £ÀA-4 gÀ°è £ÀªÀÄÆ¢¹gÀĪÀ DgÉÆæ-5 gÁdgÁeÉñÀéj ªÉÄrPÀ¯ï PÁ¯ÉÃf£À°è J¸ÉÖÃmï D¦üøÀgï DV PÀvÀðªÀå ¤ªÀð»¸ÀÄwÛzÀÄÝ, DgÉÆæ-1 gÀªÀgÀ ¸ÉßûvÀ£ÁVgÀÄvÁÛ£É. DgÉÆæ-1 ¸ÁQë-1 gÀªÀgÀ£ÀÄß ¢£ÁAPÀ:28/09/2018 gÀAzÀÄ gÁdgÁeÉñÀéj ªÉÄrPÀ¯ï PÁ¯ÉÃfUÉ PÀgÉzÀÄPÉÆAqÀÄ ºÉÆÃV ¸ÁQë-1 gÀªÀjUÉ DgÉÆæ-5 gÀªÀgÀ£ÀÄß ¥ÀjZÀ¬Ä¹zÀÄÝ, DgÉÆæ-5 ¸ÁQë-1 gÀªÀjUÉ DgÉÆæ-1 gÀªÀgÀÄ ªÉÄrPÀ¯ï ¹Ãmï PÉÆr¸ÀÄvÁÛgÉAzÀÄ ºÉý £ÀA©¹zÀÄÝ, CzÀgÀAvÉ ¸ÁQë-1 gÀªÀgÀÄ DgÉÆæ-1 ªÀÄvÀÄÛ 5 gÀªÀgÀÄ w½¹zÀÝAvÉ ªÉÄrPÀ¯ï PÁ¯ÉÃf£À ±ÀÄ®Ì JAzÀÄ ºÉý 4,20,000/- gÀÆ ºÀtªÀ£ÀÄß DgÉÆæ-1 gÀªÀgÀÄ ¥ÀqÉzÀÄPÉÆArgÀÄvÁÛ£É. DgÉÆæ-5 gÀªÀgÀÄ DgÉÆæ-1 gÀªÀgÀ eÉÆvÉ - 9 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 ¸ÉÃj ¸ÁQë-1 gÀªÀjUÉ ¸ÀªÀiÁ£À GzÉÝñÀ¢AzÀ D¥ÀgÁ¢üPÀ M¼À ¸ÀAZÀÄ ªÀiÁr ªÉÆøÀ ªÀiÁrgÀĪÀÅzÀÄ ¸ÁPÁëöåzsÁgÀUÀ½AzÀ zsÀÈqÀ¥ÀnÖgÀÄvÀÛzÉ. 5. A perusal of the aforesaid complaint, FIR and Charge Sheet summary coupled with the statements of witnesses and documents, is sufficient to come to the conclusion that insofar as Petitioner-Accused No.5 is concerned, there is absolutely no allegations to incriminate him for the alleged offences p/u/s 406 or 420 IPC. In fact, except stating that the petitioner promised the Respondent No.2-complainant by introducing him to the remaining accused persons for the purpose of securing a seat, there are no allegations made against the Petitioner so as to constitute offences p/u/s 406 and 420 of IPC. In addition thereto, in the case of DELHI RACE CLUB(1940) & OTHERS v. STATE OF UTTAR PRADESH & ANOTHER, reported in 2024 INSC 626 the Apex Court has held that offences p/u/s 406 and 420 of IPC cannot coexist together as hereunder: "36. From the aforesaid, there is no manner of any doubt whatsoever that in case of sale of goods, the - 10 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 property passes to the purchaser from the seller when the goods are delivered. Once the property in the goods passes to the purchaser, it cannot be said that the purchaser was entrusted with the property of the seller. Without entrustment of property, there cannot be any criminal breach of trust. Thus, prosecution of cases on charge of criminal breach of trust, for failure to pay the consideration amount in case of sale of goods is flawed to the core. There can be civil remedy for the non-payment of the consideration amount, but no criminal case will be maintainable for it. 42. When dealing with a private complaint, the law enjoins upon the magistrate a duty to meticulously examine the contents of the complaint so as to determine whether the offence of cheating or criminal breach of trust as the case may be is made out from the averments made in the complaint. The magistrate must carefully apply its mind to ascertain whether the allegations, as stated, genuinely constitute these specific offences. In contrast, when a case arises from a FIR, this responsibility is of the police – to thoroughly ascertain whether the allegations levelled by the informant indeed falls under the category of cheating or criminal breach of trust. Unfortunately, it has become a common practice for the police officers to routinely and mechanically proceed to register an FIR for both the offences i.e. criminal breach of trust and cheating on a mere allegation of some dishonesty or fraud, without any proper application of mind. 43. It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust. Both offences are independent and distinct. The two offences cannot coexist simultaneously in the same set of facts. They are antithetical to each other. The - 11 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 two provisions of the IPC (now BNS, 2023) are not twins that they cannot survive without each other." 6. The aforesaid facts and circumstances coupled with the judgment of the Apex Court DELHI RACE CLUB case supra clearly establishes that the Petitioner cannot be incriminated for the alleged offences p/u/s 420 and 406 of IPC and consequently, notwithstanding the fact that the charge sheet is already field and in the light of the judgment of the Apex Court in the case of ANAND KUMAR MOHATTA & ANOTHER v. STATE ( GOVT. OF NCT OF DELHI), reported in (2019) 11 SCC 706. where it is held that Petition under section 482 is also maintainable even after filing of the charge sheet, I am of the considered view that the impugned proceedings deserves to be quashed. 7. In the result, I pass the following: ORDER i) Petition is hereby allowed. - 12 - HC-KAR NC: 2025:KHC:24960 CRL.P No. 10820 of 2024 ii) The proceedings in C.C.No 2422/2022 arising out of Crime No.12/2019 of 1st respondent – Police registered for the offences punishable under Sections 406, 420, 120(B) read with Section 34 of IPC, pending on the file of IV ACMM Bangalore, insofar as the Petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 1 Sl No.: 18