- 1 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 5041 OF 2018 BETWEEN: 1. SRI. SHARAVANA KUMAR S/O. SRIRAMULU AGED ABOUT 26 YEARS, R/OF BANDLINE, OORGAUM POST, K.G.F. 2. SRI. MUTHU KUMAR S/O SRI VENKATESH AGED ABOUT 29 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 3. SRI. RAJA N. S/O NAGARAJ AGED ABOUT 30 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 4. SMT. JOLLY B D/O BALAIAH AGED ABOUT 25 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 5. SMT. ROYALAMMA W/O RAMESH PRABHUDASS AGED ABOUT 49 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 6. SMT. THANGARANI W/O SRI. JAYAKUMAR AGED ABOUT 30 YEARS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 R/AT BANDLINE, OORGAUM POST, K.G.F. 7. SMT. USHA B W/O RICHARD AGED ABOUT 49 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 8. SMT. ARUNA PRIYA D/O JOHN AGED ABOUT 33 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 9. SMT. VASANTHI W/O SURESH BABU AGED ABOUT 49 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 10. SMT. JOICE MERCY D/O RAVI AGED ABOUT 38 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. 11. SMT. VELANGANNI D/O ISSAC AGED ABOUT 38 YEARS, R/AT BANDLINE, OORGAUM POST, K.G.F. …PETITIONERS (BY SRI. HASMATH PASHA, SENIOR ADVOCATE FOR SRI. KARIAPPA N.A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANGARPET POLICE STATION, K.G.F. KOLAR DISTRICT REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR - 3 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 2. DR. B.K. NAGARAJAPPA GENERAL MANAGER, SAFAI KARMACHARI DEVELOPMENT CORPORATION, R/AT NO. 1/14, SOUTH WING, GROUND FLOOR, SILVER JUBILEE BLOCK, PART OF UNITY BUILDING COMPLEX, MISSION ROAD, BENGALURU - 27. AMENDED AS PER ORDER DATED 22.04.2019. …RESPONDENTS (BY SRI. MOHD. AYUB ALI, ADDL. STATE PUBLIC PROSECUTOR, FOR RESPONDENT NO.1; SMT. MANJULA D., ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR AND INVESTIGATION IN CRIME NO.215/2018 OF BANGARPET POLICE STATION, KGF, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, BANGARPET, FOR THE OFFENCE PUNISHABLE UNDER SECTION 406 AND 420 OF IPC AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners who were arraigned as accused Nos.2 to 12 in Crime No.215/2018 on the file of the Principal Civil Judge and JMFC, Bangarpet, by the respondent, for the offences punishable under Sections 406 and 420 of Indian Penal Code, - 4 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 1860 (henceforth referred to as 'IPC' for short) are before this Court challenging the registration of an FIR against them. 2. The petitioners are all manual scavengers. The State Government with a view to eradicate manual scavenging, introduced a scheme for their rehabilitation. In so far as the petitioners are concerned, they were all under the control of the Karnataka State Safai Karmachari Development Corporation, Bengaluru. It appears that under the rehabilitation scheme implemented through the Karnataka State Safai Karmachari Development Corporation, financial assistance was provided to enable the rehabilitation of manual scavengers. The petitioners were beneficiaries under the above scheme and a sum of Rs.50,000/- was granted to each of them. It appears that the petitioners after receiving the said financial assistance, transferred the same to accused No.1. The respondent No.2 alleging that the petitioners had not utilized the amount sanctioned to them for their rehabilitation, but instead transferred it in favour of accused No.1, informed the respondent No.1 to initiate criminal action against the petitioners as well as accused No.1 for misusing the funds sanctioned and released by the respondent No.2. - 5 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 3. Based on such an information, the respondent No.1 registered Crime No.215/2018 for the offences punishable under Sections 406 and 420 of IPC. 4. Being aggrieved by the same, the petitioners are before this Court. 5. The learned senior counsel for the petitioners submits that the petitioners were beneficiaries under the scheme and had received a sum of Rs.50,000/- each in their respective accounts. He, however contends that the petitioners had subsequently transferred the said amount to the accused No.1. Therefore, he contends that no offence punishable under Sections 406 or 420 of IPC, was made out, since the petitioners were genuine beneficiaries of the scheme. He contends that the amount received by the petitioners was transferred to the accused No.1 for meeting certain contingencies and therefore the petitioners cannot be accused of committing offences punishable under Sections 406 and 420 of IPC. At any rate, he submits that it is the accused No.1 alone could be proceeded against and not the petitioners. - 6 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 6. The learned Additional State Public Prosecutor, on the other hand, contends that the question whether the petitioners were beneficiaries of the scheme and whether accused No.1 had any role in obtaining the benefit are matters which require investigation. He therefore submits that the petitioners cannot place any stumbling blocks in the way of respondent No.1 conducting an investigation. He further submits that the petitioners who were granted the benefit under the scheme, were bound to utilise the same for the intended purpose. However, they have transferred the public funds to accused No.1 and have thereby abetted the commission of the crime. He submits that the petition deserves to be dismissed and the way should be cleared for the respondent No.1 to investigate the offences. 7. I have considered the submissions of the learned Senior Counsel for the petitioners as well as the learned Additional State Public Prosecutor for the respondent No.1. 8. A perusal of the information furnished by respondent No.2 to respondent No.1 would clearly indicate that the petitioners were manual scavengers and were beneficiaries - 7 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 under the scheme formulated by the State and Central Governments which was implemented through the Karnataka Safai Karmachari Development Corporation. It is also evident that the petitioners after receiving the said amount in their respective accounts, transferred the same to accused No.1. However, it is not the case of the respondent No.2 that the petitioners were not the beneficiaries under the scheme or that they had misrepresented themselves as Safai Karmacharis in order to obtain the said benefit. Once the petitioners had received the benefit under the scheme as beneficiaries, the question of they committing an offence punishable under Sections 406 or 420 of IPC by merely transferring the amount to accused No.1, would not arise. If the petitioners had transferred the benefit so received to the accused No.1, it would not by itself constitute an offence punishable under Sections 406 and 420 IPC. The respondent No.2 instead must have taken appropriate steps to recover the amount from the accused No.1 rather than proceeding against the petitioners by invoking Sections 406 and 420 of IPC. 9. In that view of the matter, this petition is allowed and the impugned FIR drawn against the petitioners in Crime - 8 - HC-KAR NC: 2026:KHC:14361 CRL.P No. 5041 of 2018 No.215/2018 by the Bangarpet Police Station, Bangarpet Circle, KGF for offences punishable under Sections 406 and 420 of IPC is quashed insofar as the petitioners are concerned. 10. In view of disposal of main petition, pending interlocutory applications, if any, do not survive for consideration and the same stands disposed off. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 16