Criminal Petition No. 3933 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9874 CRL.P No. 3933 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3933 OF 2024 BETWEEN: 1. DR. ABHILASH VENKATESH S/O VENKATESH T N., AGED ABOUT 35 YEARS, R/AT NO.550, 11TH B CROSS, NAGAPURA, MAHALAKSHMIPURAM LAYOUT, RAJAJINAGAR, BENGALURU - 560 086. …PETITIONER
Legal Reasoning
(BY SRI. TEJAS N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY PUTTENAHALLI POLICE STATION BENGALURU - 562 159. (REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01) 2. SMT. AMBUJAKSHI NAGARAKATTI S/O LATE MAHADEVAIAH, AGED ABOUT 75 YEARS, R/AT NO. 439, 17TH CROSS, J.P.NAGAR, 6TH PHASE, BENGALURU - 560 078. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA (BY SRI. LAKSHMAN B, HCGP FOR R1; SRI. K.T. VASUDEVA IYENGAR, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PROCEEDINGS * Page No.1 is retyped and replaced vide chamber order dated 18.03.2025. - 2 - NC: 2025:KHC:9874 CRL.P No. 3933 of 2024 PENDING IN C.C.NO.11322/2024, ON THE FILE OF HONBLE I ADDL. CMM, BENGALURU FOR THE OFFENCES P/U/S 419, 420, 465, 467, 468, 471, 120B, 201, 511 R/W 34 OF IPC, WHICH IS ARISING OUT OF CRIME NO.384/2023 OF PUTTENAHALLI POLICE STATION, BENGLAURU AND CONSEQUENTLY, GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner - accused No.10, who is facing the charges for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 120(B), 201, 511 read with Section 34 of IPC, is before this Court seeking relief. 2. The respondent No.2-complainant lodged the FIR stating that, the complainant owns a house property bearing No.439 measuring 1350 sq.ft. situated at 6th stage, 17th cross, J.P. Nagar, Bengaluru, which was allotted to her by the BDA in the year 1981. She has only one son, who is residing in the United States and she too was residing with him for sometime, and came to Bengaluru in the year 2017. She noticed that the original documents of her property were stolen, and therefore, filed a complaint in E-Lost website, and later obtained the certified copy of the site allotment documents from the BDA. As she was intending to sell the property so as to live abroad with her son, she contacted accused No.13 - Shri Manjunath, a neighbor. It is alleged that, accused No.13 introduced her to one Shri Bhaskar Krishna - - 3 - NC: 2025:KHC:9874 CRL.P No. 3933 of 2024 accused No.1, who promised to buy the property, and paid an advance of Rs.10,000/-, and took the copy of the sale deed, House plan, EC and other documents from her. The said person induced the complainant to believe that he is getting loan on the property, and came along with Shri Mahesh and Shri Vinay (Accused Nos.2 and 14) stating that they are from the Bank, and also brought Shri Giribabu and Shri Abhishek (accused No.15 and 4) introducing them as the financiers. The complainant raised suspicion and later, it was found upon enquiry that the accused persons had opened a fake bank account in her name in one Karnataka State Co- operative Apex Bank Ltd., Uttarahalli, and obtained loan on the property after selling the property and transferred the amount to their accounts. 2.1. On 15-06-2023, Rs.1,11,17,250/- and Rs.37,05,750/-, followed by Rs.1,09,88,200/- on 06-07-2023, and Rs.1,27,25,179/- on 14-08-2023, were transferred to this account. The entire sum was subsequently withdrawn, leaving a meagre balance of Rs.3,101/-. Upon further inquiry, the informant discovered that her own brother, Dr. Nataraja, had allegedly colluded with other accused persons to perpetrate fraud. They purportedly fabricated documents pertaining to the residential property of the informant, unlawfully raised a bank loan, and withdrew the funds through a falsely created account in her name. During the course of investigation, the police issued a notice under Section 41A of Cr.PC stating that the petitioner is the purchaser of the subject property belonging to the complainant from the unknown lady. - 4 - NC: 2025:KHC:9874 CRL.P No. 3933 of 2024 3. Heard the learned counsel for the parties. 4. The petitioner purchased the subject property from one Smt. Ambujakshi M N through a registered sale deed in favour of Sri Abhilash Venkatesh on 9.8.2023. Similarly, Smt.Ambujakshi M N has also executed a registered sale deed in favour of Sri Manish Bharadwaj - accused No.8 on 12.6.2003, and also executed a registered sale deed in favour of Sri Mohammed Fayaz Ali on 4.7.2023. The petitioner submitted an application for sanctioning of loan with the Bank. The Bank after obtaining legal opinion, and the petitioner has also produced the statement of account issued by the financial institution indicating that the petitioner has been paying monthly instalment as of today towards purchase of the subject property. There is no allegation that the petitioner herein conniving with other accused in impersonating the respondent No.2, and opening loan account fraudulently creating the document to execute the sale deed in favour of third party. 5. The entire allegation of fabrication of documents and impersonating is against accused Nos.1 to 7. The petitioner- accused No. 10 is the bona fide purchaser of the property, and therefore, there is no substantive material to establish that the petitioner - accused No.10 connived with accused Nos.1 to 7 to deceive the complainant. In such circumstances, the criminal proceedings will be an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in CC No.11322/2024 pending on the file of the - 5 - NC: 2025:KHC:9874 CRL.P No. 3933 of 2024 learned I Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to the petitioner - accused No.10 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 112