- 1 - HC-KAR CNR: KAHC010571932025 NC: 2026:KHC:49024 CRL.P No. 12386 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 12386 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI N V JANARDHAN S/O C V VENKATESHAPPA AGED ABOUT 39 YEARS R AT NAGAVARA VILLAGE VTC NAGAVARA PO MUSTOOR MULABAGAL RALUK KOLAR DISTRICT-563132 …PETITIONER (BY SRI. GURUDATH V R.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS KOLAR TOWN POLICE STATION KOLAR DISTRICT REP BY HIGH COURT SPP BENGALURU-560001 2. RAJANNA K C AGED 45 YEARS R AT 3RD MAIN ROAD GANDHI NAGAR, KOLAR CITY KOLAR DISTRICT-563101 …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.88/2025 ON PENDING FILE OF THE COURT OF PRINCIPAL CIVIL JUDGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010571932025 NC: 2026:KHC:49024 CRL.P No. 12386 of 2025 (Sr.Dn.) AND CJM COURT KOLAR, KOLAR DISTRICT FOR THE OFFENCE P/US/ 318(2),316(4),306,303(2) R/W SEC.3(5) OF BNS 2023 REGISTERED BY THE KOLAR TOWN POLICE STATION WHICH IS PRODUCED HEREWITH AS DOCUMENT NO.1 AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; i. Quash the FIR in Crime No.88/2025, on pending file of the Court of Prl. Civil Judge (SR.Dn) & CJM Court Kolar, Kolar District, for the offence punishable under Sections 318(2), 316(4), 306, 303(2) r/w Sec. 3(5) of the Bharatiya Nyaya Sanhita, 2023 registered by the Kolar Town Police Station which is produced herewith as Document No.1 ii. Allow this Criminal Petition with costs throughout and grant such other relief’s as this Hon’ble Court may deem fit and grant in the circumstances of this case, in the interest of justice and equity. 2. Respondent No.2 lodged a complaint on 29.07.2025 before Kolar Town Police Station alleging that certain officers of BESCOM had conspired to steal Government-owned electrical equipment and appliances valued at Rs.2,10,52,287/- and thereby caused loss to the Government. The complaint names three persons, including the petitioner, who - 3 - HC-KAR CNR: KAHC010571932025 NC: 2026:KHC:49024 CRL.P No. 12386 of 2025 has been arrayed as accused No.3 in Crime No.0088 of 2025. 3. Learned counsel for the petitioner submits that the petitioner had already been transferred from the concerned post on 02.02.2021, whereas the complaint was lodged only on 29.07.2025. It is further submitted that departmental proceedings have been initiated against ten persons, but the petitioner is not one of them. According to the petitioner, the absence of any allegation against him in the departmental proceedings is a further reason why the criminal proceedings should not continue. 4. These submissions involve questions of fact which are required to be examined during investigation. If the petitioner had been transferred on 02.02.2021, he may place the relevant transfer and relieving orders before the Investigating Officer, along with the material showing when and to whom he handed over charge. The Investigating Officer shall then ascertain when the alleged theft occurred and whether the petitioner was holding any post in the BESCOM Kolar Division at the relevant time. 5. The departmental proceedings are also relevant to the extent that they may disclose the nature of the allegations and the persons against whom they have been made. The material relating to those proceedings has admittedly not yet been placed - 4 - HC-KAR CNR: KAHC010571932025 NC: 2026:KHC:49024 CRL.P No. 12386 of 2025 before the Investigating Officer. The petitioner is at liberty to produce the relevant documents, and the Investigating Officer shall consider them while conducting the investigation and determine whether they have any bearing on the alleged involvement of the petitioner. 6. At this stage, this Court cannot quash the criminal proceedings on the basis of documents and factual assertions which have not been placed before or considered by the Investigating Officer. The questions as to the petitioner's date of transfer and relieving, the handing over of charge, the date of the alleged theft and the nature and scope of the departmental proceedings require factual examination. 7. Reserving liberty to the petitioner to place all relevant documents before the Investigating Officer, the Investigating Officer is directed to consider the same in accordance with law during the course of investigation. 8. The petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 39