- 1 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 2162 OF 2022 C/W CRIMINAL PETITION NO. 8483 OF 2021 IN CRL.P No. 2162/2022 BETWEEN: S M RAMAMURTHY SON OF LATE MUNIYAPPA AGED ABOUT 62 YEARS RESIDING AT NO.880, SANKARAPPA CROSS, HEBBAGODI MAIN ROAD, ELECTRONIC CITY POST, HOSUR ROAD, BENGALURU - 560 099. …PETITIONER (BY SRI. K.S. PRADEEP SHANKAR, ADVOCATE FOR SRI. GANESH KUMAR R, ADVOCATE) AND: STATE BY CENTRAL BUREAU Of INVESTIGATION/ACB, BELLARY ROAD, BENGALURU - 560 032, REPRESENTED BY SPL.PP. …RESPONDENT (BY SRI. PRASANNA KUMAR P.,ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 THIS CRL.PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.11.2021 DIRECTING FRAMING OF CHARGES AS AGAINST THIS PETITIONER AND CONSEQUENT FRAMING OF CHARGES ON 03.12.2012 BY THE XLVII ADDITIONAL CITY CIVIL JUDGE AND SESSIONS JUDE IN SPECIAL C.C.NO.243/2004 AND ETC., IN CRL.P NO. 8483/2021 BETWEEN: 1. ASOKAN. K S/O LATE K. KANDASWAMY AGED ABOUT 65 YEARS RESIDING AT NO.MIG 36, AVALAHALLI HUDCO, HOSUR - 635 109, KRISHNAGIRI DISTRICT, STATE OF TAMIL NADU 2. M K BALACHANDRA S/O LATE KADAPPA, AGED 60 YEARS, R/AT NO.184, GURUKRUPA 1ST MAIN, 4TH CROSS, RISHIKESH NAGAR, BENGALURU - 560 063. ...PETITIONERS (BY SRI. K.S. PRADEEP SHANKAR, ADVOCATE FOR SRI. GANESH KUMAR R, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 AND: STATE BY CENTRAL BUREAU OF INVESTIGATION/ ACB, BELLARY ROAD, GANGANAGAR, BENGALURU - 560 032, REPRESENTED BY SPL.PP. ...RESPONDENT (BY SRI. P. PRASANNA KUMAR, ADVOCATE) THIS CRL.PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 18.11.2011 DIRECTING FRAMING OF CHARGES AS AGAINST THESE PETITIONERS AND CONSEQUENT FRAMING OF CHARGES ON 03.12.2012 BY THE XLVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN SPL.C.C.NO.243/2004 AND ETC., THESE PETITIONS, COMING ON FOR ADMISSION THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 ORAL ORDER Crl.P.No.2162/2022 is filed by accused No.4 in Spl.C.C.No.243/2004, pending on the file of XLVII Addl.City Civil and Sessions Judge and Special Judge for C.B.I Cases, Bangalore and Crl.P.No.8483/2021 is filed by accused Nos.2 and 3 therein. All the petitioners have prayed for quashing of the proceedings in Spl.C.C.No.243/2004, pending against them. 2. On the allegation that accused No.1 is the Proprietor of one M/S Phoenix Plasts Company and he, along with accused Nos.2, 3 and 4, who are his employees and few others conspired together to defraud Canara Bank by fraudulently obtaining a loan for the benefit of accused No.1, Spl.C.C.No.243/2004 has been filed and the accused therein have been sought to be prosecuted. 3. The allegation of the prosecution is that the documents have been fabricated in the process and that accused Nos.1 to 5 therein, which include the petitioners herein, are charged with the offences under Sections - 5 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 120B, read with Sections 420, 468 and 471 of the Indian Penal Code, 1860 (for short, 'the IPC'). The proceedings in Spl.C.C.No.243/2004 have been challenged by accused Nos.1 and 5 in Crl.P.No.3819/2017 and accused Nos.6 to 9 in Crl.P.3817/2017. This Court has quashed the proceedings against the said accused by its Order dated 10.02.2021. The present petitions have been filed by the remaining accused Nos.2, 3 and 4 for quashing of the proceedings against them also in Spl.C.C.No.243/2004. 4. The case of the petitioners is that accused Nos.6 to 9 are the Bank officials and accused No.1 is the Proprietor of M/S Phoenix Plasts Company and the allegation made by the prosecution is that for the benefit of accused No.1, all other accused conspired with accused No.1 to defraud Canara Bank and the offences have been committed. It is submitted that when the proceedings have been quashed against accused No.1, who is the prime accused, the question of maintaining the same against the present accused against whom the only - 6 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 allegation is that they being employees of accused No.1, have conspired with him to benefit accused No.1 does not arise. On the said ground, it is prayed that the present petition also be allowed. It is further submitted that the order passed in Crl.P.No.3817/2017 and connected with Crl.P.No.3819/2017 has attained a finality, as the same has been affirmed by the Hon'ble Apex Court. 5. The learned counsel appearing for the respondent-CBI is not in a position to dispute the aforementioned propositions of facts as well as law. 6. Admittedly, the allegation of the prosecution is that the accused in Spl.C.C.No.243/2004 conspired with each other and fabricated certain documents with a view to defraud Canara Bank for the benefit of accused No.1, with accused No.1 being the prime accused, who hatched the conspiracy and directed the other accused to act in accordance with it. - 7 - HC-KAR NC: 2025:KHC:40054 CRL.P No. 2162 of 2022 C/W CRL.P No. 8483 of 2021 7. This Court in Crl.P.No.3817/2017 connected with Crl.P.No.3819/2017, has quashed the proceedings against accused No.1 himself, which has attained finality. Under the said circumstances, prosecuting accused Nos.2 to 4 that is the petitioners herein, does not serve any purpose. 8. For the aforementioned reasons, the proceedings against the petitioners herein in Spl.C.C.No.243/2004, pending on the file of XLVII Addl.City Civil and Sessions Judge and Special Judge for C.B.I Cases, Bangalore, stand quashed. 9. The Criminal Petitions are hereby allowed. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 22