Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010037192023 NC: 2026:KHC:53329 CRL.P No. 771 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 771 OF 2023 BETWEEN:
1.
SRINIVAS N S/O NARAYANAPPA C AGED ABOUT 47 YEARS.
2.
VENKATESH N S/O NARAYANAPPA C AGED ABOUT 52 YEARS.
BOTH ARE RESIDING AT NO.59, 2ND MAIN ROAD MANI VILAS GARDEN VRUSHABAVATHINGAR KAMSKHIPALYA BENGALURU NORTH BASAVESHWARANAGAR BENGALURU - 560 079. …PETITIONERS (BY SRI M. SHASHIDHARA, ADV.) AND:
1.
STATE OF KARNATAKA BY RAJANUKUNTE P.S REPRESENTED BY SPP HIGH COURT OF KARNTAKA AT BENGALURU - 560 001.
2.
SMT. LAKSHMIDEVAMMA C W/O LATE VENKATARAMANAPPA N AGED ABOUT 55 YEARS R/AT NO.59 2ND CROSS 2ND MAIN, AMARAVATHI SCHOOL, MANIVILAS GARDEN KAMAKSHIPALYA
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010037192023 NC: 2026:KHC:53329 CRL.P No. 771 of 2023
BENGALURU NORTH - 560 079. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;
SRI KALYAN R, ADV., FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.225/2022 ORIGINATED FROM CR.NO.134/2021 OF RESPONDENT RAJNUKUNTE POLICE REGISTERED ON THE BASIS OF THE PCR NO.148/2019 IN WHICH CHARGE SHEET FILED FOR OFFENCE P/U/S.143,120- B,417,418,420,465,468,471 R/W 149 OF IPC WHICH IS PENDING ON THE FILE OF THE II ADDITIONAL CJM BENGALURU RURAL AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.2 and 3 in CC No.225/2022 pending before the Court of II Addl. CJM, Bengaluru Rural, Bengaluru, arising out of Crime No.134/2021 registered by Rajanukunte Police Station, Bengaluru, for the offences punishable under Sections 143, 120B, 417, 418, 420, 465, 468, 471 read with Section 149 of IPC, are before this Court in this petition filed under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against them.
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HC-KAR
CNR: KAHC010037192023 NC: 2026:KHC:53329 CRL.P No. 771 of 2023
2. Heard the learned counsel for the parties.
3.
Learned counsel for the petitioners submits that there is absolutely no allegation whatsoever as against the petitioners herein, who are arraigned as accused Nos.2 and 3 in the charge sheet. He submits that except the fact reason that accused No.1 is the mother of the petitioners herein, there is no other material to connect the petitioners to the alleged crime. He, accordingly, prays to allow the petition.
4. Per contra, learned HCGP for respondent No.1 and
learned counsel for respondent No.2 have opposed the petition.
5. A reading of the charge sheet would go to show that allegation is that accused No.1 based on the fraudulent authorization letter said to have been executed by CW1 Smt. Lakhsmidevamma, had received compensation of Rs.53,38,153/- from M/s. Power Grid Corporation of India, which had drawn high tension electricity wire over property bearing Sy.Nos.89, 88/2, 88/3 of Godlumudanahalli village and Sy.No.20 of Chinumandhanahalli Village. Allegation is that
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HC-KAR
CNR: KAHC010037192023 NC: 2026:KHC:53329 CRL.P No. 771 of 2023
CW1, is the owner of the said property and accused No.1 had created a document to the effect that she was authorized to receive compensation amount. She allegedly had got the compensation amount deposited to account in Indian Bank, Devanahalli Branch and subsequently, she had withdrawn the same. The entire allegation in the charge sheet is found only as against accused No.1, who is the mother of the petitioners herein. Petitioners herein are the sons of accused No.1 and one Narayanappa. Since there is absolutely no material against the petitioners in the charge sheet to connect them to the alleged crime, I am of the opinion that continuation of the impugned proceedings as against them would amount to abuse of process of law. Therefore, for the purpose of securing the ends of justice, it is necessary to quash the impugned criminal proceedings as against petitioners, with liberty to the prosecution to proceed against accused No.1 in accordance with law. Accordingly, the following order:-
6. The criminal petition is allowed. The entire proceedings in CC No.225/2022 pending before the Court of II Addl. CJM, Bengaluru Rural, Bengaluru, arising out of Crime No.134/2021
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HC-KAR
CNR: KAHC010037192023 NC: 2026:KHC:53329 CRL.P No. 771 of 2023
registered by Rajanukunte Police Station, Bengaluru, for the offences punishable under Sections 143, 120B, 417, 418, 420, 465, 468, 471 read with Section 149 of IPC, is hereby quashed as against the petitioners herein.
Sd/- (S VISHWAJITH SHETTY) JUDGE
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