- 1 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100054 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VINAYAK RAMAKRISHNASA KABADI AGE. 48 YEARS, OCC. BUSINESS, R/O. J M MANSION, ABOVE J K BAR, K H PATIL CIRCLE, GADAG DISTRICT GADAG-582101. …PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011 THROUGH GADAG CEM POLICE STATION DISTRICT GADAG. 2. VENKANAGOUDA RANGANAGOUDA GOVINDGOUDAR AGE. 52 YEARS, OCC. LAW PRACTITIONER, R/O. PANCHAKSHARI NAGAR, GADAG DISTRICT GADAG-582101. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; RESPONDENT NO.2-PARTY-IN-PERSON) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED IN CRIME NO.75/2024 OF GADAG CEN POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/S 3(5), 319(2), 335, 336, 336(4) OF BNS, PENDING BEFORE THE I ADDL.CIVIL JUDGE CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.17 16:59:11 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 (JR.DN) AND JMFC COURT, GADAG, DIST.GADAG, IN SO FAR PETITIONER/ACCUSED NO.2 IS CONCERNED. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Respondent No.2 is appearing party in person with permission of the Committee. 2. Heard Sri. Srinivas B. Naik, learned counsel for the petitioner, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. Venkanagouda R. Govindgoudar, respondent No.2-patry in person. 3. Petition under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 20231, with the following prayer: “Wherefore, it is most humbly prayed that, this Hon’ble Court may kindly be pleased to quash the FIR and Complaint registered in Crime No.75/2024 of Gadag CEN Police Station registered for the offences punishable under Sections 3(5), 1 For short, ‘BNSS, 2023’ - 3 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 319(2), 335, 336, 336(4) of BNS, (in so far petitioner/accused No.2 is concerned), pending on the file of I Additional Civil Judge (Jr. Dn.) and JMFC Court, Gadag, in the interest of justice and equity.” 4. Respondent No.2 filed a complaint with CEN Crime Police Station, Gadag, on 24.11.2024, which was registered in Crime No.75/2024 for the offences punishable under Sections 3(5), 319(2), 335, 336 and 336(4) of Bharatiya Nyaya Sanhita, 2023. 5. Gist of the complaint averments would reveal that the petitioner possesses a bank account in Azad Co- Operative Bank having an Account No.1393. It is his allegation that the Bank Manager in collusion with Chandrakant Hangal and Vinayak Kabadi, issued a cheque book to them by forging his signature, and that certain transactions were taken place in his account. 6. It is also stated by the complainant that such fraudulent transactions are to the tune of Rs.1,77,00,000/-. He has given the details as to how the amount has come to - 4 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 his account and how it has been transferred from his account to somebody else. 7. It is a specific case that whatever the transactions he would carry out in the Bank, he would get a message of such transactions in his mobile through SMS (Short Message Service). However, with respect to the transactions mentioned in the complaint, not a single message was received. Such a situation could have occurred only with the active collusion of the Bank Manager, who had control of not sending the messages to his mobile telephone. 8. It is a specific case that he doesn't know who is Prasanna Kumar and likewise Jalur Pay Fintech Technology, Mumbai, who have received the money from his account to the tune of Rs.34,60,000/-, Rs.45,00,000/- and Rs.44,00,000/- on 03.07.2024, 05.07.2024 and 05.07.2024 respectively. 9. Likewise, there is a transfer of amount of Rs.48,00,000/- on 04.07.2024 to Vasudeva Agarwal, who is - 5 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 also not known to him. Certain RTGS transactions have taken place on 05.07.2024 to the tune of Rs.75,00,000 with three transactions and Rs.12,00,000/- in one transaction. 10. It is a specific case that none of these transactions are done by him and it is done by somebody else on his behalf through his account. 11. It is also a case that he does not know who deposited the money into his account and how it has reached the hands of the beneficiaries namely Prasanna Kumar, Vasudeva Agarwal and Jalur Pay Fintech Technology, Mumbai. 12. This aspect of the matter prima facie reveals that the account of respondent No.2 is being operated by someone else, which requires investigation, as it prima facie constitutes a fraudulent transaction. 13. Police after registering the case investigated the matter. The investigation is at the inception stage and there are no grounds made out to quash the pending FIR. - 6 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 14. It is the contention of the learned counsel for the petitioner that it is a civil transaction and there are disputes between respondent No.2 and the petitioner in respect of construction of the apartment. 15. If it is so, the petitioner is at liberty to furnish necessary documents to the Investigation Officer and establish that these transactions mentioned in the complaint are done by the respondent No.2 and there is no collusion of the petitioner with the Bank Manager of Azad Co- Operative Bank. 16. Thus, in this case, if the materials furnished by the petitioner tallies with the civil transactions, for which already civil suit is pending, necessarily the Investigation Officer would file appropriate report under Section 193 of BNSS, 2023. 17. If any adverse report is filed against the petitioner, it is always open for the petitioner to challenge the same. 18. With that liberty, the following: - 7 - HC-KAR NC: 2026:KHC-D:1955 CRL.P No. 100054 of 2025 ORDER (i) The petition is dismissed. (ii) In view of disposal of the petition, pending applications, if any, stand disposed off. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 1 SL NO.: 42