- 1 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 12491 OF 2022 (GM-RES) BETWEEN: 1. C. MAHESH KUMAR S/O LATE CHIKKAIAH AGED ABOUT 53 YEARS R/AT NO. 601, H-BLOCK BRIGADE GATEWAY, WORLD TRADE CENTRE, BANGALORE - 560 022. 2. BHAVANI KUMAR W/O C. MAHESH KUMAR AGED ABOUT 54 YEARS R/AT NO. 601, H-BLOCK BRIGADE GATEWAY WORLD TRADE CENTRE BANGALORE - 560 022. 3. SHIVANI M. KUMAR D/O C. MAHESH KUMAR AGED ABOUT 27 YEARS R/AT NO. 601, H BLOCK BRIGADE GATEWAY WORLD TRADE CENTRE BANGALORE - 560 022. 4. SMT. BHANU AGED ABOUT 40 YEARS W/O MR. BASAVARAJU RESIDING AT NO. 1801 BRIDGE GATEWAY, MALLESHWARAM WORLD TRADE CENTRE Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 BANGALORE - 560 022. …PETITIONERS (BY SRI. M.S. SHYAM SUNDAR, SR. ADVOCATE FOR SMT. VANDANA P.L, ADVOCATE) AND: 1. THE STATE BY DODDAPETE P.S., SHIVAMOGGA RURAL, BENGALURU REPRESENTED BY HCGP HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. T. SUBBARAMAIAH S/O LATE SUBBAIAH MANAGING TRUSTEE, TADIKEL SUBBAIAH TRUST (R) HAVING REGISTERED OFFICE AT SUBBAIAH HOSPITAL, JAIL ROAD (S.R. ROAD) SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. SURYA MUKUNDARAJ, ADVOCATE FOR R1; SRI. C.H. JADHAV, SR. ADVOCATE FOR SRI. S.B. TOTAD, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.PC PRAYING TO QUASH THE COMPLAINT DTD.23.11.2014 THE RESULTANT FIR IN CRIME NO.476/2014 DTD. 23.11.2014 AND THE CHARGE SHEET IN C.C.NO.512/2022 FILED BY THE R-1 DODDAPETE POLICE STATION SHIVAMOGGA RURAL FOR THE OFFENSES PUNISHABLE UNDER SECTION 409, 419, 420, 504, 506 READ WITH SECTION 149 OF THE INDIAN PENAL CODE 1860 ARRAIGNING THE PRESENT PETITIONERS AS THE ACCUSED NO.1, 6, 8 AND 9 RESPECTIVELY PENDING ON THE FILES OF THE HONBLE JUDICIAL MAGISTRATE FIRST CLASS-II AT SHIVAMOGGA (ANNEXURE-A, B, C, D TO THE W.P.) AND ETC., - 3 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri.M.S.Shyam Sundar, learned Senior Counsel for Smt.Vandana P. L., learned counsel for the petitioners, Sri.Surya Mukundaraj, learned Additional Public Prosecutor for respondent No.1 and Sri.C.H.Jadhav, learned Senior Counsel for Sri.S.B.Totad, learned counsel for the respondent No.2. 2. On perusal of the charge sheet filed on 07.07.2021 pursuant to Crime No.476/2014 filed by Rural Police, Shivamogga, it is noticed that Investigation Officer himself has sought for additional time to file supplementary/additional charge sheet under Section 173(8) of Cr.P.C. in order to get certain documents from the concerned bank in respect of Crime No.298/2010, 41/2015, 125/2015, 327/2015 and 328/2015. 3. It is noted that beyond the scope and ambit of the investigation, Investigation Officer has made a note in the charge sheet that the college and hospital run by Tadikela - 4 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 Subbaiah Trust situated at Jail Road, Shivamogga is discharging its work in a proper and with social concern. 4. Said note also contains that there are no cases filed against the said trust. Said note put by the Investigation Officer is per se incorrect having regard to the number of litigation both on civil and criminal side pending between the parties, as such, investigation appears to be one sided and motivated prima facie. 5. It is settled principles of law and requires no emphasis that Investigation Officer should be neutral and is only required to investigate into the alleged crime in a proper manner and file appropriate report as is contemplated under Section 173 of Cr.P.C. 6. Seven years have been elapsed from 2014 after the crime came to be registered in Crime No.476/2014 to file inappropriate/incomplete report. 7. Since the Investigation Officer himself has sought for permission of the jurisdictional Magistrate to file supplementary/additional charge sheet under Section 173(8) of Cr.P.C. and note in the charge sheet already filed contains - 5 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 some incorrect facts to say the least, learned Trial Magistrate cannot act on the charge sheet by taking cognizance against the petitioners and other accused persons if any. 8. As such, no further action needs to be taken on the report filed on 07.07.2021 and learned Trial Magistrate is directed to wait for the supplementary/additional charge sheet if filed by the investigation agency. 9. From 07.07.2021, five years have been elapsed and no further progress has taken place in the investigation for last five years, it is desirable that the investigation agency shall file supplementary/additional charge sheet if any, in a time bound manner and thereafter, learned Trial Magistrate to proceed with the case in accordance with law. 10. Accordingly, the following: ORDER i. Writ petition stands disposed of. ii. Since the charge sheet dated 07.07.2021 filed by the investigation agency even according to the Investigation Officer is incomplete, time is - 6 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 granted for the Investigation Officer to file supplementary/additional charge sheet till 30.11.2026. iii. Further, the observations in the form of shara/notes in the charge sheet dated 07.07.2021, appears to be per se incorrect in view of the long drawn pending litigation between the parties and therefore, learned Trial Magistrate shall not be swayed away by the opinion given by the investigation agency with regard to proper functioning of the Tadikela Subbaiah Trust and independently assess charge sheet materials. iv. Further, the Investigation Officer is required to collect information with regard to pending civil litigations between the parties and is directed to make a note in the charge sheet irrespective of what impact that note will have on the merits of the case in the form of charge sheet. - 7 - HC-KAR CNR: KAHC010278142022 NC: 2026:KHC:51923 WP No. 12491 of 2022 v. Till such time, learned Trial Magistrate shall not proceed with the charge sheet dated 07.07.2021 including order taking cognizance and if already cognizance is taken, that order stands set aside and after receipt of supplementary/additional charge sheet, learned Trial Magistrate shall apply judicial mind and pass appropriate orders including taking of cognizance or otherwise. vi. However, it is made clear that petitioners shall cooperate with the investigation agency for the purpose of filing of supplementary/additional charge sheet if need be. vii. In the event of non-cooperation of the petitioners, coercive steps shall be taken against the petitioners. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 0