- 1 - HC-KAR NC: 2025:KHC:47236 CRL.P No. 5540 of 2023 C/W CRL.P No. 1072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5540 OF 2023 C/W CRIMINAL PETITION NO. 1072 OF 2025 IN CRL.P No.5540/2023 BETWEEN: REENA JOSE (AS PER ADHAR CARD) MENTIOEND AS REENA @ REENA JOSH IN COMPLAINANT D/O JOSE P J AGED ABOUT 43 YEARS, R/AT FLAT NO 404 INLAND WINDSOR APARTMENT PADAVINGADY, AIRPORT ROAD, KONCHADY, MANGALORE, D K DISTRICT 575 008. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER E AND N CRIME POLICE STATION, MANGALURU CITY, REPRESENTED BY Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47236 CRL.P No. 5540 of 2023 C/W CRL.P No. 1072 of 2025 STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE 560001 2. SRI HILARI CUTINHA S/O MARIYAN CUTINHA AGED ABOUT 70 YEARS R/AT HOUSE NO D-36, BACK SIDE OF KPT, VYASANAGARA KADRI, MANGALURU D K DISTRICT 575 001. …RESPONDENTS (BY SRI.B N JAGADEESHA, ADDL.SPP FOR R1; SRI K PRASAD HEGDE, ADVOCATE FOR R2.) THIS CRL.P IS FILED U/S.482 CR.P.C TO ALLOW THE PETITION AND TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CR.NO.44/2020 OF E AND N CRIME POLICE STATION, MANGALURU CITY, FOR THE OFFENCE P/U/S.406,409,420,417,418,421,120-B OF IPC AND SECTION 9 OF KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT, 2004, PENDING ON THE FILE OF THE PRINCIPAL SESSIONS AND SPECIAL JUDGE, D.K., DISTRICT, MANGALURU. IN CRL.P NO.1072/2025 BETWEEN: MARCELINE GILBERT BAPTIST (AS PER ADHAR CARD) MENTIONED AS MARSELIN BYAPTIST IN FIR W/O GILBERT P BAPTIST - 3 - HC-KAR NC: 2025:KHC:47236 CRL.P No. 5540 of 2023 C/W CRL.P No. 1072 of 2025 AGED ABOUT 61 YEARS R/AT NO 603/604 JANGID TOWER, SHANTI PARK NEAR JANGID CIRCLE MIR ROAD, EAST THANE MAHARASTRA 401 107. ...PETITIONER (BY SRI.NISHIT KUMAR SHETTY., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY STATON HOUE OFFICER E AND N CRIME POLICE STATION MANGALORE CITY REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE 560 001. 2. SRI HILARI CUTINHA S/O MARIYAN CUTINHA AGED ABOUT 70 YEAR R/AT HOUSE NO D-36 BACK SIDE OF KPT VYASNAGARA KADRI, MAGNALORE D K DISTRICT 575 001. ...RESPONDENTS (BY SRI.B N JAGADEESHA, ADDL.SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO ALLOW THE PETITION AND TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CRIME - 4 - HC-KAR NC: 2025:KHC:47236 CRL.P No. 5540 of 2023 C/W CRL.P No. 1072 of 2025 NO.44/2020 OF E AND N CRIME POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420, 417, 418, 421, 120-B OF IPC AND SECTION 9 OF KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, 2004, PENDING ON THE FILE OF PRINCIPAL DISTRICT JUDGE DK MANGALORE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER In these petitions, the learned Additional SPP submits that the charge sheet has been filed. 2. The instant petitions are filed at crime stage. The charge sheet is filed, wherein the petitioners are arraigned as accused Nos.5 and 10 respectively. 3. Reserving liberty to the petitioners to challenge the charge sheet, if they are so advised, without expressing any view on the merits, the petitions are disposed of. 4. All contentions are kept open. - 5 - HC-KAR NC: 2025:KHC:47236 CRL.P No. 5540 of 2023 C/W CRL.P No. 1072 of 2025 5. I.A.Nos.1/2024, 1/2025 and I.A.No.2/2025 in Crl.P.No.5540/2023 and I.A.Nos.2/2025 and 3/2025 in Crl.P.No.1072/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE ASN List No.: 1 Sl No.: 21