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2026 DAILYLAW 47333 (KAR)

SUDHEER. C. S. v. STATE OF KARNATAKA

CRL.P/3465/2023 · 2026-01-20

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3465 OF 2023 BETWEEN: 1. SUDHEER C. S., S/O C.S.SURENDRA AGED ABOUT 37 YEARS R/AT SPRING FIELDS APARTMENTS JAYANAGARA HOUSING SOCIETY LAYOUT BENGALURU ALSO AT CEO, INDIAN MONEY FREEDOM APP COMPANY BSK 2ND STAGE BENGALURU - 560 085. 2. JEEVAN S/O NARENDRA K. C., AGED ABOUT 31 YEARS R/AT ARDECK ESTATE KUDREGUNDI POST TALAMAKKI, KOPPA TALUK CHIKKAMAGALURU DISTRICT - 577 126 ALSO AT V.P.INDIAN MONEY FREEDOM APP COMPANY BSK 2ND STAGE BEGNALURU - 560 085. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 3. SUBASH S/O JAYABALAN AGED ABOUT 26 YEARS R/AT FIRST FLOOR COTTONPET MAIN ROAD N.D.M LANE, COTTONPET OPP. UNION BANK ATM BEGNALURU - 560 053. ALSO AT A.V.P INDIAN MONEY FREEDOM APP COMPANY BSK 2ND STAGE BENGALURU - 560 085. 4. SUMAN M., D/O MANJUANTH M.BILLAVA AGED ABOUT 25 YEARS R/AT 235, III MAIN, III BLOCK, BYRAPPA BLOCK THYAGARAJANAGAR BENGALURU - 560 028 ALSO AT A.V.P INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. 5. DARSHAN S/O NARAYANA GOWDA AGED ABOUT 23 YEARS R/AT BANDAHALLI VILLAGE CHUNCHANAKATTE HOBLI K.R.NAGAR TALUK - 3 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 MYSURU DISTRICT - 571 817 ALSO AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. 6. MAHALAKSHMI C/O KIRAN B., AGED ABOUT 27 YEARS R/AT NO. 90, 1st CROSS NEAR RENUKA YELLAMMA TEMPLE BILEKAHALLI, BANNERGHATTA ROAD BENGALURU - 560 076. ALSO AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. 7. ROHITH S/O RAMESHA AGED ABOUT 23 YEARS R/AT NEAR RAMESHWARA TEMPLE SRIRAMANAGARA, BHADRA COLONY BHADRAVATI TALUK SHIMOGA DISTRICT - 577 301. ALSO R/AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. - 4 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 8. PRADEEP S/O SAROJA AGED ABUOT 27 YEARS R/AT BHAT MANE MAVINAKERE VILLAGE HALUVALLI, KALSA MUDIGERE TALUK CHIKKAMAGALURU - 577 124 ALSO R/AT MANAGER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. 9. ARCHANA D/O RAMESH B. T., AGED ABOUT 25 YEARS R/AT BANDYA, NANABUR THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 414 ALSO R/AT TEAM LEADER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. 10. AKSHATHA D/O MAHABALESHWARA MARATA AGED ABOUT 31 YEARS R/AT JANATHA COLONY BANAVASI, SIRSI TALUK UTTARA KANNADA DISTRICT - 581 318. - 5 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 ALSO R/AT TEAM LEADER, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. 11. RAGHU @ RAGHURAM S/O BOLUMARKADA AGED ABOUT 45 YEARS R/AT 10/35, NEAR DHARMARAYA TEMPLE MELINAPETE, HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 560 085 ALSO R/AT H.R. TEAM, INDIAN MONEY FREEDOM APP COMPANY BSK 2nd STAGE BENGALURU - 560 085. …PETITIONERS (BY SRI RAJASHEKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BANASHANKARI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. 2. NAYANA M. T., D/O MR. TRIMURTHY M. M., R/AT NO.J-104, 10th CROSS L.N.PURAM, SRIRAMPURA - 6 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 BENGLAURU – 560 021. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1; SRI B.H.BHAGAVAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.99/2023 OF BANASHANKARI POLICE STATION PENDING ON THE FILE OF THE 4th ADDITIONAL CMM COURT, BENGALURU CITY, REGISTERED FOR THE OFFENCE P/U/S.120-B, 406, 409, 420, 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question registration of a crime in Crime No.99/2023 registered for offences punishable under Sections 120B, 406, 409, 420 and 34 of the Indian Penal Code. 2. Heard Sri.Rajashekar S, learned counsel appearing for the petitioners, Sri.Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri.B.H.Bhagavan appearing for respondent No.2 and have perused the material on record. - 7 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 3. Learned counsel appearing for the 2nd respondent has remained absent throughout. This Court on 13.01.2026 had passed the following order: "Heard Sri.Rajashekar S, learned counsel appearing for the petitioners. Learned counsel for the petitioners submits the complainant is habitual in registering crimes after crime against the petitioners taking the names of every employee of the organization. All those crimes have been stayed or quashed at the hands of the Coordinate Benches of this Court. The counsel for the complainant has remained absent throughout, as could be gathered from the proceedings in order dated 27.11.2025 and the subsequent proceedings. Even today, there is no representation on behalf of the 2nd respondent- complainant. As a last chance, list this matter on 20.01.2026. In the event the complainant would not be present, appropriate orders would be passed hearing the counsel for the petitioners. Interim order subsisting will continue, till the disposal of the petition. " It was indicated that in the event, neither the complainant nor his counsel would be present, appropriate orders would be passed on hearing counsel for the petitioners. Even today, neither the complainant nor the counsel for the complainant is present. - 8 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 4. The petitioners are accused Nos.1, 2, 4, 5, 8 to 11, 18, 21 and 22, are alleged of the aforesaid offences. Learned counsel Sri.S.Rajashekar would submit that the 2nd respondent gets the complaint registered from each one of its employees at every point in time. All those have been quashed by the Coordinate Bench of this Court. They are all in Criminal Petition No.3531/2023 C/w Criminal Petition Nos.3504/2023, 3520/2023, 3529/2023 & 3872/2023, Criminal Petition No.3863/2025, Criminal Petition No.3858/2025, Criminal Petition No.3908/2025, Criminal Petition No.3905/2025 and Criminal Petition No.3980/2025. 5. The order passed in Criminal Petition No.3531/2023 C/w Criminal Petition Nos.3504/2023, 3520/2023, 3529/2023 & 3872/2023 reads as follows: "In these petitions, the petitioner is seeking to quash the F.I.Rs registered against him in Crime Nos.110/2023, 113/2023, 112/2023, 114/2023 and 111/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for the respondent No.2-State and perused the material on record. - 9 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 3. A perusal of the material on record will indicate that the petitioner is the Chief Executive Officer / Managing Director of the Suvision Holdings Pvt..Ltd., instituted Original Suit No.919 of 2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted in favour of the petitioner and his Company. Subsequently, the respondent No.2- complainants, who are non other than the employees of the petitioner, have resigned from the company of the petitioner and filed the instant complaints alleging that the petitioner was guilty of offences punishable under Sections 120B, 406, 409, 420 read with Section 34 of the Indian Penal Code. In this context, perusal of the averments made in the complaints in the light of earlier civil dispute in Original Suit No.919 of 2023 in respect of the Mobile App called "Financial Feedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioner are not forthcoming in the complaints; on the other hand, having suffered the grant of Temporary Injunction in Original Suit No.919 of 2023, the defendants 1 and 2 in the said suit appears to have instigated the respondent No.2-complainants who are non other than the ex-employees of the petitioner in filing the instant complaints. Therefore, I am of the considered opinion that the impugned proceedings based on the complaints containing vague and bald allegations without sufficient material would amount to abuse of process of law warranting interference by this Court in the present petitions. 4. In the result, I pass the following: O R D E R 1) Criminal Petitions are allowed; 2) The impugned F.I.Rs in Crime Nos.110/2023, 113/2023, 112/2023, 114/2023 and 111/2023 registered by the Banashankari Police Station, Bengaluru against the petitioner pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed." - 10 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 6. The order passed in Criminal Petition No.3863/2025 reads as follows: "In this petition, the petitioners are seeking to quash the F.I.R registered against them in Crime No.110/2023 by the Banashankari Police Station, Bengaluru, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1-State and perused the material on record. 3. Respondent No.2 having been served with notice of the petition has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that petitioner No.1 is the V.P., petitioner No.2 is the H.R., petitioner Nos.3 to 5 are A.V.P., petitioner No.6 to 10 are Managers and petitioner No.11 is one of the members of H.R. Team of Suvision Holdings Pvt. Ltd. The Managing Director of the aforesaid Company instituted O.S.No.919/2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of temporary injunction granted in favour of the Company. Subsequently, respondent No.2 herein, the original complainant, who is none other than the ex-employee of the said Company, has resigned from that Company and filed the instant complaint alleging that the petitioners are guilty of offences punishable under Sections 120-B, 406, 409, 420 read with Section 34 of the Indian Penal Code. 5. In this context, perusal of the averments made in the complaint in light of the earlier civil dispute in O.S.No.919/2023 in respect of the Mobile App called "Financial Freedom App", is sufficient to come to the conclusion that necessary ingredients constituting offences punishable as against the petitioners are not forthcoming in the complaint; on the other hand, having suffered an order of temporary injunction in O.S.No.919/2023, defendant Nos.1 and 2 in the said suit - 11 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 appears to have instigated respondent No.2-complainant, who is none other than the ex-employee of the Company in filing the instant complaint. 6. Therefore, I am of the considered opinion that the impugned proceedings based on the complaint containing vague and bald allegations without sufficient material would amount to abuse of process of law warranting interference by this Court in the present petition. 7. In the result, I pass the following: O R D E R i) The Criminal Petition is allowed; ii) The impugned F.I.R in Crime No.110/2023 registered by the Banashankari Police Station, Bengaluru, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned, is hereby quashed." 7. The order passed in Criminal Petition No.3858/2025 reads as follows: "In this petition, the petitioners are seeking to quash the F.I.R registered against them in Crime No.111/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1. Respondent 2 has been served with notice but has chosen to remain unrepresented, and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners are the directors of Suvision Holdings Pvt Ltd, and its Managing Director instituted Original Suit No.919 of 2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted - 12 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 in favour of the petitioners and their Company. Subsequently, respondent No.2-complainant, who is none other than the employee of the petitioner, had resigned from the company of the petitioners and filed the instant complaint alleging that the petitioners were guilty of offences punishable under Sections 406, 409, 420 and Section 34 of the Indian Penal Code. In this context, perusal of the averments made in the complaints in the light of earlier civil dispute in Original Suit No.919 of 2023 in respect of the Mobile App called "Financial Freedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioners are not forthcoming in the complaint; on the other hand, having suffered an order of Temporary Injunction in Original Suit No.919 of 2023, defendants 1 and 2 in the said suit appears to have instigated respondent No.2-complainant who is none other than the ex-employee of the petitioners in filing the instant complaint. Therefore, I am of the considered opinion that the impugned proceedings based on the complaint containing vague and bald allegations without sufficient material would amount to abuse of process of law warranting interference by this Court in the present petition. 4. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The impugned F.I.R in Crime No.111/2023 registered by the Banashankari Police Station, Bengaluru against the petitioners pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed." 8. The order passed in Criminal Petition No.3908/2025 reads as follows: "In this petition, the petitioners are seeking to quash the F.I.R registered against him in Crime - 13 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 No.112/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioners and learned HCGP for the respondent No.1-State and perused the material on record. 3. Respondent No.2 having been served with the notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that the petitioners are the Directors of the Suvision Holdings Pvt. Ltd., instituted O.S.No.919/2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted in favour of the petitioners and their Company. Subsequently, the respondent No.2-complainant, who is none other than the employee of the petitioner, has resigned from the company of the petitioner and filed the instant complaint alleging that the petitioners were guilty of offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code. 5. In this context, perusal of the averments made in the complaints in the light of earlier civil dispute in O.S.No.919 of 2023 in respect of the Mobile App called "Financial Freedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioners are not forthcoming in the complaint; on the other hand, having suffered an order of Temporary Injunction in O.S.No.919/2023, the defendants 1 and 2 in the said suit appears to have instigated the respondent No.2- complainant who is none other than the ex-employee of the petitioner in filing the instant complaint. 6. Therefore, I am of the considered opinion that the impugned proceedings based on the complaints containing vague and bald allegations without sufficient material would amount to abuse of process of law warranting interference by this Court in the present petitions. - 14 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 7. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The impugned F.I.R in Crime No.112/2023 registered by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru insofar as the petitioners are concerned, are hereby quashed." 9. The order passed in Criminal Petition No.3905/2025 reads as follows: "In this petition, the petitioners are seeking to quash the F.I.R registered against them in Crime No.113/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1. Respondent 2 has been served with notice but has chosen to remain unrepresented, and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners are Directors of The Suvision Holdings Pvt. Ltd., and its Managing Director instituted Original Suit No.919 of 2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted in favour of the petitioners and their Company. Subsequently, respondent No.2-complainant, who is none other than the employee of the petitioners, had resigned from the company of the petitioners and filed the instant complaint alleging that the petitioners were guilty of offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code. In this context, perusal of the averments made in the complaint in the light of earlier civil dispute in Original - 15 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 Suit No.919 of 2023 in respect of the Mobile App called "Financial Feedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioners are not forthcoming in the complaint; on the other hand, having suffered an order of Temporary Injunction in Original Suit No.919 of 2023, defendants 1 and 2 in the said suit appears to have instigated respondent No.2-complainant who is none other than the ex-employee of the petitioners in filing the instant complaint. Therefore, I am of the considered opinion that the impugned proceedings based on the complaint containing vague and bald allegations without sufficient material would amount to abuse of process of law warranting interference by this Court in the present petition. 4. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The impugned F.I.R in Crime No.113/2023, registered by the Banashankari Police Station, Bengaluru against the petitioners pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed." 10. The order passed in Criminal Petition No.3980/2025 reads as follows: "In this petition, the petitioners are seeking to quash the F.I.R registered against them in Crime No.114/2023 by the Banashankari Police Station, Bengaluru pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru. 2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1. Respondent 2 has been served with notice but has chosen to remain unrepresented, and perused the material on record. - 16 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 3. A perusal of the material on record will indicate that the petitioners are the Directors of Suvision Holdings Pvt. Ltd., and its Managing Director instituted Original Suit No.919 of 2023 before the City Civil Judge, Bengaluru against M/s. Srishti Infotainment Pvt. Ltd. and others, in which there is an order of Temporary Injunction granted in favour of the petitioners and their Company. Subsequently, respondent No.2-complainant, who is none other than the employee of the petitioner, had resigned from the company of the petitioners and filed the instant complaints alleging that the petitioners were guilty of offences punishable under Sections 406, 409, 420 and Section 34 of the Indian Penal Code. In this context, perusal of the averments made in the complaint in the light of earlier civil dispute in Original Suit No.919 of 2023 in respect of the Mobile App called "Financial Freedom App", is sufficient to come to the conclusion that the necessary ingredients constituting offences punishable as against the petitioners are not forthcoming in the complaint; on the other hand, having suffered an order of Temporary Injunction in Original Suit No.919 of 2023, the defendants 1 and 2 in the said suit appears to have instigated respondent No.2- complainant who is none other than the ex-employee of the petitioners in filing the instant complaint. Therefore, I am of the considered opinion that the impugned proceeding based on the complaint containing vague and bald allegations without sufficient material would amount to abuse of process of law warranting interference by this Court in the present petition. 4. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The impugned F.I.R in Crime No.114/2023 registered by the Banashankari Police Station, Bengaluru against the petitioners pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed." - 17 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 11. The subject crime is the one that is registered initially long before the crimes that are registered by the employees of the complainant which becomes the subject matter of the aforesaid criminal petitions. The criminal petitions are allowed. Each of the criminal petitions are allowed on the score that the issue is purely civil in nature and was dressed with colour of crime. In the light of the present complainant also being an employee of the company, which sought to register several crimes against the present petitioners through its employees, I deem it appropriate to follow the suit as to what the Coordinate Bench has held in the aforesaid orders. 12. In the light of the issue being similar, the contentions being similar, the petition deserves to succeed in the manner in which the Coordinate Bench has rendered the judgments qua the present petitioners. 13. For the aforesaid reasons, the following: O R D E R [I] Criminal petition is allowed. - 18 - HC-KAR NC: 2026:KHC:2876 CRL.P No. 3465 of 2023 [II] Crime No.99/2023 registered for offences punishable under Sections 120B, 406, 409, 420 and 34 of the Indian Penal Code, pending before the 4th Addl. CMM Court, Bengaluru City, qua the petitioners, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 15 CT:SS