- 1 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 54 OF 2025 (482(Cr.PC) / 528(BNSS)-) C/W WRIT PETITION NO. 1437 OF 2025 (GM-POLICE) IN CRL.P No. 54/2025 BETWEEN: 1. SRI. P MAHESH S/O P PRABHAKAR AGED ABOUT 41 YEARS 2. SMT. MALA B W/O LATE BABU AGED ABOUT 42 YEARS 3. SMT. MEENA W/O P PRABHAKAR AGED ABOUT 62 YEARS 4. SRI. PRAMOD S/O LATE BABU AGED ABOUT 27 YEARS 5. SMT. PALLAVI W/O LAKSHMINARAYANA AGED ABOUT 29 YEARS 6. SRI. LAKSHMINARAYANA SO H NARAYANA AGED ABOUT 33 YEARS ALL ARE RESIDING AT NO. 58 11TH CROSS SRI HARI BADAVANE Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:01, Bengaluru Verified - 2 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 JNANAJYOTHI NAGARA BENGALRUU 560056 …PETITIONERS (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) AND: 1. THE STATE BY JNANANBHARATHI POLICE STATION KENGERI SUB DIVISION BENGALURU 560056 REP BY SPP, HIGH COURT BUIIDLING BENGLARTU 560001 2. NATARAJ S/O BABURAO AGED ABOUT 60 YEARS R/A 30/1 OTC ROAD, KOTE, MARIYAPPA LAYOUT, NEAR LUORDU SHCOOL CUBBONPET BENGLAURU 560002 …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1; SRI. PRATHAM.N., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT NO.1 JNANABHARATHI POLICE IN CR.NO.436/2024 ON 05.11.2024 FOR THE OFFENCE P/U/S 3(5), 316(2), 318(4), 336(3)(2), 340, 351(2), 351(3), 61(1) OF BNS 2023 ON THE FILE OF IV A.C.M.M BENGALURU VIDE ANNEXURE-D. IN WP NO. 1437/2025 BETWEEN: SMT.MALA B W/O LATE BABU AGED ABOUT 42 YEARS R/T NO 58, 11TH CROSS SRI HARI BADAVANE JNANAJYOTHI NAGARA BENGALURU 560056 ...PETITIONER (BY SRI. SOMASHEKHARAIAH R P.,ADVOCATE) Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 3 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU 560001 2. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU 560001 3. THE ASST COMMISIONER OF POLICE JNANABHARAI POLICE STATION BENGALURU 560056 4. STASTION HOUSE OFFICER JNANANBHARATI POLICE STATOIN KENGERI SUB DIVISON BENGALURU 560056 5. SRI NATARAJ S/O BABURAO AGED ABOUT 60 YEARS R/ATNO 30/1 OTC ROAD, KOTE MARIYAPPA LAYOUT NEAR LOURDU SCHOOL CUBBONPET BENGALURU 560002 6. CHANDRA KALA D/O NATARAJ AGED ABOUT 30 YEASRS R/AT NO 30/1 OTC ROAD, KOTE MARIYAPPA LAYOUT NEAR LOURDU SCHOOL CUBBONPET BENGALURU 560002 ...RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1 TO R4; SRI. PRATHAM.N., ADVOCATE FOR R5 AND R6) Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 4 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R1 TO R4 TO TAKE IMMEDIATE FORTH WITH ACTION AGAINST THE R5 TO R6 AND OTHER 12 ROWDY ELEMENTS WHO HAVE ENTERED THE HOUSE OF THE PETITIONER WHO HAVE THREATENED THE PETITIONER AND OTHER FAMILY MEMBERS TO THEIR LIFE ND TO GIVE NECESSARY POLICE PROTECTION TO PROTECT THEIR LIFE BY CONSIDERING THE COMPLAINT DATED 19/01/2025 UNDER ANNEXURE-H AND ETC. THESE CRIMINAL PETITION A/W WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners in Crl.P.No.54/2025 are before this Court seeking for the following reliefs: Quash the FIR registered by the respondent no.1 Jnanabharathi police in Cr.No.436/2024 on 05.11.2024 for the offence p/u/s 3(5), 316(2), 318(4), 336(3)(2), 340, 351(2), 351(3), 61(1) of BNS 2023 on the file of IV A.C.M.M Bengaluru vide Annexure-D. 2. The petitioners in W.P.No.14/2025 are before this Court seeking for the following reliefs: i. Issue Writ in the nature of Mandamus directing the Respondents 1 to 4 to take immediate forth with action against the respondent No.5 and 6 and other 12 Rowdy elements who have entered the house of the petitioner who have threatened the petitioner and other family members to their life and to give necessary police protection to protect their life by considering the complaint dtd. 19.01.2025 under Annexure-H. Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 5 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 ii. Issue necessary direction to the respondent No.1 and 2 to conduct necessary enquiry to the whole incident and to take appropriate action against the all the persons who are involved in the incident. iii. Issue such other order or direction as may be deemed fit to grant in the circumstances of the case. 3. Both the proceedings arise out of the same transaction. Respondent No.2 in Crl.P.No.54/2025, who is respondent Nos.5 and 6 in W.P.No.1437/2025, claims to have entered into an Agreement of Sale dated 29.06.2024 with the petitioners in respect of the property bearing Assessment No.46, House List No.2129/58, within BBMP Ward No.129. 4. A dispute subsequently arose between the parties regarding the sale consideration and the amounts allegedly paid. Respondent No.2 called upon the petitioners to execute the Sale Deed, which was not done. Thereafter, a complaint was lodged on 23.10.2024 alleging commission of offences under Sections 3(5), 316(2), 318(4), 336(3), 340 and 351 of the BNS, 2023, resulting in registration of Crime No.436/2024 by Jnanabharathi Police Station. The said proceedings are challenged in Crl.P.No.54/2025. Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 6 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 5. During the pendency of the said investigation, petitioner No.2 in Crl.P.No.54/2025 filed W.P.No.1437/2025 alleging that the police, acting in collusion with respondent No.2, had entered her house along with several persons, threatened her and her daughter, assaulted and abused them, and compelled her to issue cheques for ₹48,00,000/- and ₹50,00,000/- and to sign certain documents. It is further alleged that a complaint dated 19.01.2025 was submitted before the police authorities, but no action was taken. 6. These allegations are seriously disputed by respondent No.2. It is contended that no cheque was forcibly obtained and that, on the contrary, ₹50,00,000/- was paid in cash and ₹48,00,000/- was paid by cheque towards the transaction. The rival contentions therefore raise disputed questions of fact which cannot appropriately be adjudicated in these proceedings on the basis of the pleadings alone. 7. Insofar as Crl.P.No.54/2025 is concerned, the allegations relate to the Agreement of Sale and the subsequent dispute regarding payment of consideration and execution of the Sale Deed. Investigation in Crime No.436/2024 is still pending. Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 7 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 At this stage, it cannot be conclusively held that the allegations in the complaint are either wholly false or that the ingredients of the offences alleged are absent. The rival versions regarding the amounts paid and the circumstances in which the transaction did not culminate in execution of the Sale Deed require investigation. No ground is therefore made out at this stage for quashing the proceedings. 8. Insofar as W.P.No.1437/2025 is concerned, the allegations made against the jurisdictional police are serious in nature. The allegation is not merely against a private individual but concerns alleged abuse of police authority, forcible entry into the petitioner's house, assault, intimidation and obtaining of cheques and documents under threat. The petitioner has also stated that a complaint in that regard was submitted on 19.01.2025. 9. Having regard to the nature of the allegations and the fact that they are disputed by the private respondent, it would be appropriate that the matter is examined by a senior police officer who is not directly connected with the allegations. Such inquiry shall ascertain the circumstances in which the police are alleged to have visited the petitioner's residence, Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 8 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 the persons who accompanied them, the circumstances in which the cheques and documents were allegedly obtained, and the action, if any, taken on the complaint dated 19.01.2025. 10. There is also a specific assertion by respondent No.2 that a sum of ₹50,00,000/- was paid in cash to the petitioner towards the transaction. Since the alleged cash payment is a matter having potential implications under the applicable fiscal laws, the same cannot be ignored. The Hon'ble Supreme Court in RBANMS Educational Institution v. B. Gunashekar & Another, 2025 INSC 490, has issued directions concerning compliance with the applicable provisions of law in matters involving such transactions. The competent Income Tax authority may therefore examine the said assertion in accordance with law. 11. It is clarified that this Court is not recording any finding as to whether the amount of ₹50,00,000/- was in fact paid in cash, whether ₹48,00,000/- was paid by cheque, or whether either version is correct. The Income Tax authority shall independently examine the matter on the basis of the material Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 9 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 available and take such action as may be permissible in law. 12. In view of the above facts, this Court passes the following; ORDER i. Criminal petition No.54 of 2025 is dismissed. ii. Writ petition No.1437 of 2025 is allowed. iii. The Commissioner of Police, Bengaluru City, shall entrust the complaint dated 19.01.2025 to a senior police officer, preferably not below the rank of Assistant Commissioner of Police, who shall examine the allegations independently and submit an appropriate report/action in accordance with law. iv. The inquiry shall specifically examine the allegations concerning the alleged visit of the police to the petitioner's residence, the alleged assault and intimidation, and the circumstances in which the cheques and documents are stated to have been obtained. v. The competent Income Tax authority, Karnataka, is also directed to examine the specific assertion Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified - 10 - HC-KAR CNR: KAHC010004822025 NC: 2026:KHC:54362 CRL.P No. 54 of 2025 C/W WP No. 1437 of 2025 regarding payment of ₹50,00,000/- in cash and take such action as may be permissible in law, having regard to the judgment of the Hon'ble Supreme Court in RBANMS Educational Institution v. B. Gunashekar & Another, 2025 INSC 490. vi. The observations made in this order are only for the purpose of considering the present proceedings and shall not prejudice the investigation or any proceedings before the competent authorities. vii. Registrar (Judicial) is directed to forward a copy of the entire petitions in both the matters along with annexures as also the present order to the Chief Commissioner of Income Tax, Karnataka Range within a period of one week. viii. This Court has not expressed any opinion on any of the rival contentions of both the parties, the same would have to be properly investigated by the concerned Investigating Officer. (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 3 Digitally Signed By: SURAJ GOVINDA RAJ 06/10/2026, 17:02, Bengaluru Verified