Writ Petition No. 8320 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:16108 WP No. 8320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8320 OF 2025 (GM-RES) BETWEEN: SRI. T.N JAYASHANKARA, S/O SRI. T.C. NANJUNDAPPA, AGE 50 YEARS, OCC: SERVICE, ADD: D-18, 2ND FLOOR PRANAV APARTMENTS 1ST CROSS, SADASHIVA NAGAR BANGALORE - 80. (BY SRI. DALWAI VENKATESH, ADVOCATE) AND: STATE OF KARNATAKA BY CRIME INVESTIGATION DEPT., PALACE ROAD, BANGALORE - 1, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE. …PETITIONER
Legal Reasoning
Digitally signed by R HEMALATHA Location: High Court of Karnataka …RESPONDENT
Legal Reasoning
(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS PRAYING TO QUASHING THE ENTIRE PROCEEDINGS IN SPL CC NOS. 471/2019, SPL CC NO. 800/2018, SPL CC /2020, SPL CC8/2020, SPL CC1139/2019, SPL CC142/2019, SPL CC 1151/2019, SPL CC1143/2019, SPL CC86/2020, SPL CC 87/2020, SPL CC11/2020, SPL CC88/2020, SPL CC1245/2019, SPL CC1175/2019, SPL CC9/2020, SPL CC1422/2019, SPL - 2 - NC: 2025:KHC:16108 WP No. 8320 of 2025 CC1423/2019, SPL CC85/2020, SPL CC1140/2019, SPL CC1174/2019, SPL CC12141/2019, SPL CC1244/2019, SPL CC1421/2019, SPL CC10/2020, SPL CC1242/2019, SPL CC1243/2019 PENDING ON THE FILE OF LEARNED 32ND ADDL CITY CIVIL JUDGE AND SESSION JUDGE AND SPL JUDBE CBI AT BANGALORE PRODUCED AT ANNX-D TO D25 FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 403, 406, 409, 419, 420, 465, 467, 468, 471 OF IPC R/W SECTION 9 OF KPID AND FE ACT IN SO FAR AS PETITIONER CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who is facing trial in several criminal proceedings for offences punishable under Sections 403, 406, 409, 419, 420, 465, 467, 468, 471, and 120B of the Indian Penal Code, 1860 (“IPC”) and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (“KPID Act”), has approached this Hon’ble Court seeking reliefs: "a. Issue a writ in the nature of certiorari by quashing the entire proceedings in SPL CC No. 471/2019, SPL CC No. 800/2018, SPL CC No.7/2020, SPL CC.NO.8/2020, SPL CC.NO.1139/2019, SPL CC.No.1142/2019, SPL CC.No. 1151/2019, SPL CC.NO.1143/2019, SPL CC.NO. 86/2020,SPL CC.No.87/2020, SPL CC.No. 11/2020,SPL CC.No.88/2020,SPL CC.No.1245/2019, SPL CC.No. 1175/2019, SPL SPL CC.No.1422/2019,SPL CC.No. CC 9/2020, No.1423/2019, - 3 - NC: 2025:KHC:16108 WP No. 8320 of 2025 SPL.CC.No.1140/2019, CC.No.85/2020, SPL SPL.CC.No.1174/2019, SPL.CC No. 12141/2019,SPL CC.No.1421/2019,.SPL CC.No.1244/2019,SPL CC.No.10/2020,SPL CC.No.1242/2019,SPL CC.No.1243/2019 PENDING ON THE FILE OF LEARNED 32nd Addl City Civil Judge And Session Judge And Spl Judbe CBI At Bangalore produced at Annexure-D To D25 SECTION for 120B,403,406,409,419,420,465,467,468,471 OF IPC R/W SECTION 9 OF KPID AND FE act insofar as petitioner concerned in the interest of justice." punishable offences under the 2. It is the case of the prosecution that the petitioner is allegedly the recipient of amounts collected by the Company from various depositors. Several complaints have been registered against the petitioner based on similar allegations, and after investigation, the police have filed charge sheets against the petitioner in all 27 cases. The common allegation across all these cases is that the petitioner received money from the Company, which was itself collected from the public depositors. The core accusation is that the petitioner conspired with the others to induce the depositors to invest money by promising to allot residential sites at highly subsidized rates. 3. A perusal of the allegations in the First Information Reports (FIRs) in all the above-mentioned cases would indicate that all the accused persons allegedly conspired with each other pursuant to a common design and shared criminal intent to cheat the depositors. It is also evident that each of the accused allegedly played distinct roles as part of an integrated and unified effort to achieve the said common purpose. It is further pertinent to note that it is not the case of the prosecution that - 4 - NC: 2025:KHC:16108 WP No. 8320 of 2025 different accused persons joined the conspiracy at different stages, or that the conspiracy evolved into new and distinct conspiracies; rather, it is alleged to be a continuing conspiracy. 4. In support, reliance is placed on the decisions of the Hon’ble Supreme Court, which reads as under: i. T.T. Antony v. State of Kerala, reported in (2001) 6 SCC 348; ii. Amitbhai Anilchandra Shah v. Central Bureau of Investigation, reported in (2013) 6 SCC 348; iii. Babubhai v. State of Gujarat, reported in (2010) 12 SCC 254. 5. It is a settled law that where multiple FIRs or charge sheets relate to the same offence or form part of the same transaction or conspiracy, subsequent FIRs or charge sheets can only be treated as supplementary to the original FIR. Therefore, in the present case, the charge sheets laid in the various crime numbers, arising from the same transaction and same set of allegations, are liable to be treated as supplementary charge sheets.
Decision
6. In view of the above facts and circumstances, continuation of multiple proceedings against the petitioner for the same set of facts and allegations would amount to an abuse of the process - 5 - NC: 2025:KHC:16108 WP No. 8320 of 2025 of law and cause grave prejudice to the petitioner. Therefore, I proceed to pass the following: ORDER i. Writ petition is allowed. ii. The 32nd Addl. City Civil Judge and Sessions Judge and Special Judge CBI, Bangalore is hereby directed to treat the charge sheets filed in Spl.C.C.No.471/2019 Spl.C.C.No.800/2018, Spl.C.C.No.7/2020, Spl.C.C.No.8/2020, Spl.C.C.No.1139/2019, Spl.C.C.No.1142/2019,Spl.C.C.No.1151/2019,Spl.C.C.No.1143/2019, Spl.C.C.No.86/2020, Spl.C.C.No.87/2020, Spl.C.C.No.11/2020, Spl.C.C.No.88/2020, Spl.C.C.No.1245/2019, Spl.C.C.No.1175/2019, Spl.C.C.No.9/2020, Spl.C.C.No.1422/2019, Spl.C.C.No.1423/2019, Spl.C.C.No.85/2020,Spl.C.C.No.1140/2019,Spl.C.C.No.1174/2019, Spl.C.C.No.1241/2019,Spl.C.C.No.1244/2019,Spl.C.C.No.1421/2019, Spl.C.C.No.10/2020, Spl.C.C.No.1242/2019 and Spl.C.C.No.1243/2019 as additional charge sheet in Spl.C.C.No.1240/2019. iii. The impugned proceedings in Spl.C.C.No.471/2019 Spl.C.C.No.800/2018, Spl.C.C.No.7/2020, Spl.C.C.No.8/2020, Spl.C.C.No.1139/2019,Spl.C.C.No.1142/2019,Spl.C.C.No.1151/2019, Spl.C.C.No.1143/2019, Spl.C.C.No.86/2020, Spl.C.C.No.87/2020, Spl.C.C.No.11/2020, Spl.C.C.No.88/2020, Spl.C.C.No.1245/2019, Spl.C.C.No.1175/2019, Spl.C.C.No.9/2020, Spl.C.C.No.1422/2019, Spl.C.C.No.1423/2019, Spl.C.C.No.85/2020, Spl.C.C.No.1140/2019, Spl.C.C.No.1174/2019,Spl.C.C.No.1241/2019,Spl.C.C.No.1244/2019, Spl.C.C.No.1421/2019, Spl.C.C.No.10/2020, Spl.C.C.No.1242/2019 and Spl.C.C.No.1243/2019 pending on the file of 32nd Additional City - 6 - NC: 2025:KHC:16108 WP No. 8320 of 2025 Civil Judge and Sessions Judge and Special Judge, CBI, Bengaluru, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 136; CT: BHK