- 1 - HC-KAR NC: 2025:KHC:45495 CRL.P No. 9398 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9398 OF 2025 BETWEEN: H. GOPALKRISHNA S/O LATE H. DAMODARA HATWAR AGED ABOUT 75 YEARS R/AT 'JAYASADAN', NO.1413/A 14TH MAIN ROAD, MUNESHWARA BLOCK, BENGALURU - 560 026. NOW R/AT NO.59, A. KRISHNAPPA NAGAR OPPT. GOV'T PRIMARY SCHOOL CARMALARAM POST, SARJAPUR MAIN ROAD, HALANAYAKANAHALLI BANGALORE - 560 035. …PETITIONER (BY SRI SANTHOSH, ADV., FOR SRI VARADARAJAN M.S, ADV.) AND: 1. STATE OF KARNATAKA BY THE POLICE INSPECTOR VIDHANA SOUDHA POLICE STATION, BENGALURU - 560 001. 2. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD., LEGISLATION HOUSE BRANCH, BENGALURU - 560 001 REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI VINAY M, HCGP FOR R-1; SRI RAKSHITH R, ADV., FOR R-2) CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN CC NO.12981/2013 ON THE FILE OF THE VIII ADDL.CMM, BENGALURU FOR THE OFFENCES P/U/S 120(b), 420, 471, 467 AND 468 OF THE IPC, BY ALLOWING THIS CRIMINAL PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45495 CRL.P No. 9398 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 is before this Court in this petition filed under Section 528 of BNSS 2023 with a prayer to quash the entire proceedings in C.C.No.12981 of 2013 pending before the Court of XLI Addl. CJM, Bengaluru registered for the offences punishable under Sections 120(b), 420, 471, 467 and 468 of IPC. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioner submits that petitioner is the only a guarantor to the loan borrowed by accused nos.1 and 5. Proceedings as against accused nos.1 and 5 has been questioned by this court in Criminal Petition No. 7898 of 2023 connected with Criminal petition No.5934 of 2023. He submits that in similar circumstances proceedings against the guarantor in C.C.No.12982 of 2013 has been quashed by the co-ordinate bench of this Court taking into consideration that proceedings as against the principal - 3 - HC-KAR NC: 2025:KHC:45495 CRL.P No. 9398 of 2025 borrowers is also already quashed in the aforesaid criminal proceedings by this Court. 4. Learned HCGP and learned counsel appearing for respondent no.2 does not dispute the submission made by learned counsel for the petitioner. 5. The principal borrowers had approached this Court in Criminal Petition No. 7898 of 2023 connected with Criminal petition No.5934 of 2023. The said petitions were allowed on the ground that the principal borrowers had paid the entire loan dues to respondent no.2-bank. Subsequently, one of the guarantor had approached this Court with a prayer to quash the entire proceedings in C.C.No.12982 of 2013 and the co- ordinate bench of this Court taking into consideration the order passed by this Court in Criminal Petition No.7898 of 2023 and Criminal Petition No.5934 of 2023 has allowed the petition filed by the guarantor in Criminal Petition No.6665 of 2024, on 29.01.2025. 6. The petitioner herein is a guarantor, who is prosecuted in proceedings bearing C.C.No.12981 of 2013. - 4 - HC-KAR NC: 2025:KHC:45495 CRL.P No. 9398 of 2025 Having regard to the aforesaid aspects of the matter and also having regard to the fact that impugned proceedings in the very same case has been already quashed by this Court, insofar as the principal borrowers are concerned for the reason that the loan borrowed by them has been cleared, I am of the opinion that the prayer made in this petition needs to be granted. 7. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) Entire proceedings in C.C.No.12981 of 2013 pending before the Court of XLI Addl. Chief Judicial Magistrate, Bengaluru registered for the offences punishable under Sections 120(b), 420, 471, 467 and 468 of IPC is quashed as against the petitioner herein. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 37