PREMCHAND v. THE STATE

BENGALURU, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001

MRS SABITHA BISHOP AGED 40 YEARS, W/O ADRIAN BISHOP R/AT NO. 5/1, 1ST CROSS, MUNIKALLAPPA LAYOUT, MARUTHI SEVANAGAR BENGALURU - 560 033 (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; …RESPONDENTS R2 SERVED) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.59591/2018 ARISING OUT OF CR.NO.565/2016 P.S., BENGALURU PENDING ON THE FILE OF XI A.C.M.M., MAYO HALL, AT BENGALURU FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC BY CALLING THE ENTIRE RECORDS PENDING ON THE FILE OF THE XI A.C.M.M., MAYOHALL AT BENGALURU. REGISTERED BANASWADI BY THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against him in CC.No.59591/2018 arising out of Cr.No.565/2016 of Banasawadi P.S for the offence punishable under Sections 306 r/w 34 of IPC.

2. In support of the petition, the petitioner has contended

05.11.2016, respondent No.2/complainant filed a complaint alleging that her husband late Adrian Bishop was running travel agency by a name "Ceybond Travels". He has incurred loss of Rs.8 lakhs - 3 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR due to Smt. Sabitha not paying the amount of air tickets purchased for her clients. In this regard she filed a suit and alleged that her husband closed his travel agency. He joined "Comfort Leisure Travel Aged Company" (Comfort Leisure' for short) as Manager and worked for four months. He booked some tickets through Comfort Leisure and closed the old booking outstanding from his own business loss.

2.1 The Comfort Leisure came to know about his outstanding through accused No.1 on 28.10.2016. Deceased Adrian Bishop had diverted the amount paid by accused No.1 for purchase of travel tickets for the month of December 2016 by holding the tickets without the knowledge of Comfort Leisure. In this regard accused No.1 and deceased Adrian Bishop met one of the owners Mr.Vardhaw of Comfort Leisure. Deceased Adrian Bishop accepted the outstanding amount and agreed to return the same by requesting for some time. He also executed certain documents accepting the terms of repayment. - 4 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR

2.2 Accused No.2 Vinayak demanded the amount or else to face the dire consequences. Therefore, complainant paid Rs.54,000/- to him. However, accused Nos.1 and 2 were demanding the remaining amount or else they would file complaint against deceased Adrian Bishop. However, accused No.3 failed to pay deceased Adrian Bishop Rs.8 lakhs due to him. Unable to bear the harassment, deceased Adrian Bishop committed suicide on 05.11.2016 in between

5.45 - 8.15 a.m.

Based on the complaint, respondent police have registered the case against petitioner and 2 others and filed charge sheet in CC.No.59591/2018. In this regard accused No.2 filed Crl.P.No.5999/2018 before this Court and secured stay on 22.10.2018. In the light of the same, the trial Court split up the case against accused No.2 and committed the case to Court of Sessions so far as accused Nos.1 and 3 are concerned. The Sessions Court has returned the file with a direction to submit along with - 5 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR original records. In the light of the same, the present petition is filed on the following: GROUNDS (i) Petitioner is innocent of the offences alleged. Deceased Adrian Bishop committed suicide on account of debt incurred by him and there was no abatement on the part of petitioner. Deceased Adrian Bishop had diverted the amount belonging to the company to repay the liability incurred in the old company. Though petitioner had paid the entire amount, he had failed to issue the tickets. Therefore, petitioner filed complaint against accused No.1 Vinayak, who is one of the owners of Comfort Leisure and both petitioner and accused No.2 demanded deceased Adrian Bishop to pay the amount. By so doing they have not committed the alleged offence and hence the petition. Already the criminal proceedings against accused Nos.2 and 3 are quashed. - 6 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR

In support of his arguments, learned counsel for petitioner has relied upon the decision in Geo Varghese Vs. State of Rajasthan and Anr. (Geo Varghese)1

On the other hand learned HCGP would submit that, on account of the harassment meted out by the accused persons, Adrian Bishop the husband of complainant committed suicide. After conducting detailed investigation, Charge sheet is Filed. Trial is to be conducted to prove the allegations against the petitioner and pray to dismiss the petition.

Heard arguments and perused the record.

From the complaint averments it is evident that initially deceased Adrian Bishop was running tourism business by name Comfort Leisure Private Ltd. It is alleged that accused No.3 Sabitha was due in a sum of ₹8 lakhs to him. Since she did not return the said amount, he suffered loss. Therefore, he joined the company of accused No.2 as 1 AIR 2021 SC 4764 - 7 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR General Manager and worked for four months. During this period, he utilised the money received for booking the Air tickets to the tune of ₹15 lakhs and cleared the debt incurred by his company. When the same came to the knowledge of accused No.2 and other Directors, they called upon him to pay the said amount and warned him of dire consequences. Fearing the backlash from the accused persons, he committed suicide.

His wife filed complaint roping in accused No.3 Sabitha on the ground that had she paid ₹8 lakhs to her husband, he would not have committed suicide. Similarly, she had alleged that had accused No.2 Vinayak and the present petitioner not given threat of legal consequences and given some more time, her husband would not have committed suicide. From the complaint itself, it is clear that deceased Adrian Bishop was guilty of misappropriating the funds of the company where he was working and utilising the same to recover the debts incurred by him. In these circumstances, it cannot be accepted that the petitioner is - 8 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR guilty of abatement of suicide. In fact, already the criminal proceedings against accused No.2 Vinayaka @ Vinayaka Ramesh Kumar and accused No.3 Sabitha @ Sabita Rao are quashed by this Court. The petitioner who is accused No.1 also, stand on the same footing. The continuation of the criminal proceedings against the petitioner would amount to abuse of the process of the Court and accordingly the following: ORDER (i) Petition filed by the accused No.1 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings against petitioner/accused No.1 CC.No.59591/2018 on the file of XI ACMM court, Mayo Hall, Bengaluru (arising out of Cr.No.565/2016 of Banaswadi PS) for the offence punishable under Section 306 r/w 34 IPC is hereby quashed. - 9 - NC: 2025:KHC:23411 CRL.P No. 275 of 2020 HC-KAR (iii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 53