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2026 DAILYLAW 11646 (KAR)

SMT. SAVITHA G v. STATE OF KARNATAKA

CRL.P/8797/2025 · 2026-04-17

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8797 OF 2025 C/W CRIMINAL PETITION NO. 7311 OF 2025 CRIMINAL PETITION NO. 8356 OF 2025 CRIMINAL PETITION NO. 8804 OF 2025 IN CRL.P No. 8797/2025 BETWEEN: SMT. SAVITHA G W/O GANESH M., AGED ABOUT 50 YEARS, R/AT NO. 16, 1ST CROSS, NEAR BBMP OFFICE, LAKSHMI NAGARA, BANGALORE NORTH, BASAVESHWANAGAR, BENGALURU - 560 079. …PETITIONER (BY SRI. SANDESH J. CHOUTA, SR. COUNSEL FOR SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDARAJA NAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH OF KARNATAKA, HIGH COURT BUILDING Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER BENGALURU - 560 001. 2. SMT. TEJASHWINI K. W/O VIVEK, AGED ABOUT 38 YEARS, R/AT NO. 1988, 1ST D MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, 2ND STAGE, BENGALURU - 560 040. …RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1; SMT. ABHINAYA K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.137/2025 REGISTERED BY RESPONDENT NO.1 GOVINDARAJA NAGAR POLICE FOR OFFENCES P/U/S 316(2), 318(4), 352, 351(2), 351(3), 190 OF BNS, SECTION 9 OF THE KARNATAKA PROTECTION OF INTEREST DEPOSITORS EXORBITANT ACT, 2004, WHICH IS NOW PENDING BEFORE THE IV ADDL.CJM AT BENGALURU I.E, ANNEXURE A AND A1 IN SO FAR AS THE PETITIONER ABOVE NAMED IS CONCERNED. IN CRL.P NO. 7311/2025 BETWEEN: SRI. R.G. TILAK S/O B.S. RAJA GOPAL, AGED ABOUT 61 YEARS, R/AT NO.95/1, 1ST MAIN ROAD, NEXT TO CHAITHNYA SCHOOL, SESHADRIPURAM, BENGALURU NORTH, BENGALURU - 560 020. ...PETITIONER (BY SRI. SANDESH J. CHOUTA, SR. COUNSEL FOR SRI. SIDDHARTH SUMAN, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER AND: 1. STATE OF KARNATAKA BY GOVINDARAJA NAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH OF KARNATAKA, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. TEJASHWINI K. W/O VIVEK, AGED ABOUT 38 YEARS, R/AT NO. 1988, 1ST D MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, 2ND STAGE, BENGALURU - 560 040. ...RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1; SMT. ABHINAYA K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.137/2025 REGISTERED BY RESPONDENT NO.1 POLICE FOR THE OFFENCES P/U/S 316(2), 318(4), 352, 351(2), 351(3), 190 OF BNS, SEC.9 OF THE KARNATAKA PROTECTION OF INTEREST DEPOSITORS EXORBITANT ACT, 2004, WHICH IS NOW PENDING BEFORE THE IV ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, i.e., ANNEXURE-A AND A1 IN SO FAR AS THE PETITIONER ABOVE NAMED IS CONCERNED. IN CRL.P NO. 8356/2025 BETWEEN: SRI. VALMIKA G D/O GANESH M., - 4 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER AGED ABOUT 23 YEARS, R/AT NO.43, SRI BANASHANKARI RELIANCE HOMES, KIRLOSKAR COLONY, 6TH CROSS GRUHULAKSHMI LAYOUT, BENGALURU - 560 079. 2. DARSHAN M. HOSAD S/O H.MAHABALA AGED ABOUT 30 YEARS R/AT NO.3-30/2, HOSADU YEDTHARE, BYANDOOR, UDUPI DISTRICT, KARNATAKA - 576 214. ...PETITIONERS (BY SRI. SANDESH J. CHOUTA, SR. COUNSEL FOR SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDARAJA NAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH OF KARNATAKA, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. TEJASHWINI K. W/O VIVEK, AGED ABOUT 38 YEARS, R/AT NO. 1988, 1ST D MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, 2ND STAGE, BENGALURU - 560 040. ...RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1; SMT. ABHINAYA K, ADVOCATE FOR R2) - 5 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.137/2025 REGISTERED BY RESPONDENT NO.1 POLICE FOR OFFENCES P/U/S 316(2), 318(4), 352, 351(2), 351(3), 190 OF BNS, SECTION 9 OF THE KARNATAKA PROTECTIN OF INTEREST DEPOSITORS EXORBITANT ACT, 2004, WHICH IS OT PENDING BEFORE THE IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU I.E, ANNEXURE A AND A1 IN SO FAR AS THE PETITIONER ABOVE NAMED IS CONCERNED. IN CRL.P NO. 8804/2025 BETWEEN: SRI. V. SRIDHAR MURTHY S/O M. VENKATESH MURTHY, AGED ABOUT 46 YEARS, R/AT NO. 48, SHARADA NIVASA, NEAR CANADIAN SCHOOL, MUDDAHANUMAYYA LAYOUT, BENGALURU - 562 123 ...PETITIONER (BY SRI. SANDESH J. CHOUTA, SR. COUNSEL FOR SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDARAJA NAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH OF KARNATAKA, HIGH COURT BUILDING BENGALURU - 560 001. 2. SMT. TEJASHWINI K. W/O VIVEK, - 6 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER AGED ABOUT 38 YEARS, R/AT NO. 1988, 1ST D MAIN ROAD, RPC LAYOUT, VIJAYANAGAR, 2ND STAGE, BENGALURU - 560 040. ...RESPONDENTS (BY SRI. B.N. JAGADEESH, ADDL. SPP FOR R1; SMT. ABHINAYA K, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO. 137/2025 REGISTERED BY RESPONDENT NO. 1 POLICE FOR OFFENCES PUNISHABLE UNDER SECTION 316(2) 318(4), 352, 351(2), 351(3),190 OF BNS, SECTION 9 OF THE KARNATAKA PROTECTION OF INTEREST DEPOSITORS EXORBITANT ACT, 2004, WHICH IS NOW PENDING BEFORE THE IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU, I.E. ANNEXURE-A AND A1 IN SO FAR AS THE PETITIONER ABOVE-NAMED IS CONCERNED. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER These petitions are preferred by different accused, but are arising out of the same crime and on the same set of facts. Therefore, they are conglomerated, heard and disposed by this order. 2. Heard Sri. Sandesh J. Chouta, learned Senior counsel for Sri. Siddharth Suman, learned counsel appearing for the petitioners; Sri. B.N. Jagadeesh, learned Additional Special Public Prosecutor appearing for respondent No.1 and Smt. Abhinaya K., learned counsel appearing for respondent No.2. 3. For the sake of convenience facts obtaining in Crl.P.No.8797/2025 is narrated. 4. Facts, in brief, germane are as follows: The petitioner is accused No.1 and respondent No.2 is the complainant. The petitioner along with accused Nos.2 to 6 is said to be running a business named Shubha Vijaya Event Service, which indulges in financial transactions. According to - 8 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER the learned counsel for respondent No.2/complainant, it is a kitty party that is run by accused No.1 along with others. The allegation is that of luring the complainant and several others for investment for good dividends. Investments were made at the hands of the complainant and other persons and the money was not returned. The total amount that is allegedly deposited now is Rs.2.4/-crores. Therefore, a complaint is registered by the 2nd respondent, which becomes a crime in Crime No.137/2025. 5.1. The learned Senior Counsel appearing for the petitioners though projects several instances of legal lacunae in the case at hand would, however, seek liberty to approach this Court in the event the final report would be filed by the respondent/Police after investigation and the said final report would go against them. The other request that is made is all contentions be kept open. 5.2. Learned Senior Counsel would again take this Court through the documents appended to the petition to contend that a complaint was given by the petitioner also, which remained a complaint though it was registered on 01.04.2025. - 9 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER No action is taken on the complaint by the Basaveshwara Nagar Police Station. Likewise, a complaint was registered by the complainant before the Vijayanagar Police Station and an endorsement is issued on the ground that the matter is purely civil in nature and later the impugned crime is registered before the Govindaraj Nagar Police Station. 6. In the light of the complainants being many, and the peculiar facts of this case, the submission of the learned Senior counsel appearing for the petitioner merits acceptance. While disposing these petitions or directing the investigation to be conducted, I deem it appropriate to direct the Basaveshwara Nagar Police Station also to take the complaint dated 01.04.2025 registered by the petitioner to its logical conclusion. 7. In the light of several allegations being made with regard to the police station threatening and getting an Memorandum of Understanding signed and the petitioners yielding to these threats in the light of an ensuing marriage in the family of the petitioners, I deem it appropriate to direct the - 10 - HC-KAR NC: 2026:KHC:21047 CRL.P No. 8797 of 2025 C/W CRL.P No. 7311 of 2025 CRL.P No. 8356 of 2025 AND 1 OTHER Crime Investigation Department to take over the investigation in connection with Crime No.137/2025. 8. All contentions urged in the subject petitions would remain open to be urged in the event a final report is filed and the final report would go against these petitioners. 9. In the light of the submissions made by the learned Senior counsel, reserving liberty to the petitioners/accused to re-approach this Court in the event the charge sheet would be filed against them, these petitions stand disposed directing investigation to be conducted at the hands of the Crime Investigation Department. Ordered accordingly. Pending applications, if any, stand disposed as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE JY/List No.: 1 Sl No.: 0