Criminal Petition No. 7365 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7365 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. 2. KIRAN VISHNU BALUR @ KIRAN SHANBAG S/O VISHNU DASAPPA BALUR, AGED ABOUT 46 YEARS, R/O NO. 48, 18TH CROSS, MTS LAYOUT, KENGERI SATELLITE TOWN, BANGALORE SOUTH, BANGALURU – 560 060 JAGANATHA GOWDA S/O KRISHNAPPA AGED ABOUT 39 YEARS R/O HADRIPURA, VILLAGE DODDABELVANGALA HOBLI, DODDABALLAPURA, BANGALORE RURAL – 561 204 …PETITIONERS (BY SRI. GIREESHA J. T., ADVOCATE) AND: Digitally signed by CHANDANA B M Location: High Court of Karnataka 1. STATE OF KARNATAKA BY NELAMANGALA RURAL P.S. REP BY SPP HIGH COURT BUILDING BANGALORE – 560 001 2. DR. SRINIVASAN A. V. S/O A. VENKATARAMAN, AGED ABOUT 55 YEARS, MANAGING TRUSTEE, SRI. PARIPOORNASANATHANA CHARITABLE TRUST, NO. 91, ARJUNABETTA HALLI, KASABA-HOBLI, GOLLA HALLI GRAMA PANCHAYAT, NELAMANGALA TALUK, BENGALURU RURAL – 563 123. (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. SYED JAFFER MOHIYUDDIN, ADV. FOR R2) …RESPONDENTS - 2 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2563/2019 OF NELAMANGALA RURAL P.S. ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C, NELAMANGALA FOR THE OFFENCE PUNISHABLE UNDER SECTION 384 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “ Wherefore, the petitioner above named most humbly submits that this Hon’ble Court may be pleased to quash the entire proceedings in C.C.No.2563/2019 of Nelamangala Rural P.S on the file of Principal Civil Judge and JMFC, Nelamangala for the offence punishable under Section 384 of IPC, in the interest of justice.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed I.A.No.1/2025 duly signed by the petitioners, 2nd respondent and their respective counsel along with affidavits of respondent No.2, petitioner No.1 and petitioner No.2 and the same are taken on record. ** Retyped and replaced vide Chamber order dated 01.08.2025. - 3 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR 3. Petitioners – accused Nos.1 and 2, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application and their respective affidavits, which read as under:- “APPLICATION UNDER SECTION 320(2) R/W 482 OF CODE OF CRIMINAL PROCEDURE 1. The respondent police have filed a charge sheet against the petitioners for the offence punishable Under Section 384 of IPC in C.C. No. 2563/2019 on the file of the Prl. Civil Judge & JMFC, Nelamangala. The trial court upon receipt of the charge sheet was pleased to issue process against the petitioners. 2. That being aggrieved by the order of cognizance and issuance of process, petitioners have preferred this criminal petition. 3. That upon intervention of well-wishers and friends the dispute between the petitioners and the 2nd respondent is amicably settled. The 2nd respondent consent to quash the proceedings against the petitioners. 4. That the settlement arrived between the petitioners and the 2nd respondent is out of free will, there is no coercion or force, fraud or any undue influence in settling the case. *Retyped and replaced vide Court Order dated: 10.07.2025 ** Retyped and replaced vide Chamber order dated 01.08.2025. - 4 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR Wherefore the petitioners, 2nd respondent most humbly pray that this Hon'ble Court may be pleased to permit the to compound the case and quash the proceedings against the petitioners in C.C No. 2563/2019 of Nelamangala Rural P.S on the file of Prl Civil Judge & JMFC, Nelamangala for the offence punishable Under Section 384 of IPC, in the interest of justice.” AFFIDAVIT OF RESPONDENT NO.2 1.
Legal Reasoning
I, Dr. A.V. Srinivasan, S/o A. Venkataraman aged about 55 years Managing Trustee Sri. Paripoorna Sanathana Charitable Trust, No.91, Arjunabetta Halli, Kasaba Hobli, Golla Halli, Grama Panchayat, Nelamangala Taluk, Bengaluru Rural, today at Bengaluru do hereby solemnly affirm and state on oath as follows: 2. I am the complainant / 2nd respondent in the above case, I am aware of the facts and circumstances of the case hence swearing to this affidavit. 3. I state that the petitioners have filed the above criminal petition seeking quashing of Criminal proceedings initiated by me in C.C.No.2563/2019 of Nelamangala Rural P.S. on the file of Prl. Civil Judge and JMFC, Nelamangala for the offence punishable under Section 384 of IPC, petitioners and myself have *Retyped and replaced vide Court Order dated: 10.07.2025 ** Retyped and replaced vide Chamber order dated 01.08.2025. - 5 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR arrived at a settlement in the terms of the joint memo filed before this Hon’ble Court, hence I do not have any objections to quash the proceedings as prayed by the petitioners in the criminal petition. 4. I state that the above settlement is entered without any undue influence or fraud. What is state above true and correct to the best of my knowledge and belief. AFFIDAVIT OF PETITIONER NO.1 I. Kiran Shanbog, aged about 45 years, son of Vishnu Dasappa Balur residing at #56, 1 Main, 2 Cross, Venkateshwara Layout, Attiguppe, Bangalore-560040 do hereby solemnly affirm and declare as under: 1. I Kiran Shanbog, state and declare that Mr Seetharamaiah R., Mr Jagannath Gowda. and I, under the directions and at the behest of Mr Seetharamaiah R., extorted a sum of Rs. 25,00,000/- (Rupees Twenty-Five Lakhs only) from Shri A.V. Srinivasan, The extortion was carried out with the full knowledge and connivance of Mr Seetharamaiah R.'s family members and his associate, Dr Jayanth S. 2. I further state that Shri A.V. Srinivasan is a person of high integrity and repute and is not Involved in any criminal or illegal activities. The allegations against Shri A.V. Srinivasan were false, baseless, malicious, and fabricated and are hereby unequivocally accept. ** Page Nos. 5 to 11 are inserted vide Chamber order dated 01.08.2025. - 6 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR 3. Mr Jagannath Gowda and I personally witnessed various illegal activities committed by Mr Seetharamaiah R. and his associate Dr Jayanth S. within the institution of Shri A.V Srinivasan without the knowledge or consent of Shri A.V. Srinivasan or any other trustees of the said trust. 4. I was a close friend of Mr Seetharamaiah R., as evidenced by recorded telephone conversations between Mr Seetharamaiah R., Mr Jagannath Gowda, and myself. In the course of these interactions, I threatened Mr Seetharamaiah R. to procure and remit an additional sum of Rs. 6,00,000/- (Rupees Six Lakhs only) purportedly to manage and influence the Press Club, for which I had expended funds from my resources. 5. At the relevant time, I was undergoing financial hardship and severe liabilities, and to meet my financial obligations, I participated in the aforesaid extortion under the influence and coercion of Mr. Seetharamaiah R. 6. That Mr Seetharamaiah R., to meet my demands arising out of my financial constraints, falsely attributed unsolicited video recordings made in the name of students of the institution to Shri A.V. Srinivasan and, using this pretext, made part payments towards me and Mr Jagannath Gowda. Specifically, Mr Seetharamaiah R. paid a sum of Rs. 10,00,000/- (Rupees Ten Lakh only) to me, a sum of Rs. 5,00,000/- (Rupees Five Lakh only) to Mr Jagannath Gowda, and appropriated the remaining balance for his benefit, and for the benefit of his family members and his associate, Dr Jayanth S. - 7 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR 7. That the said extortion and misappropriation were orchestrated and executed solely by Mr Seetharamaiah R., his family members, and Dr Jayanth S., and Shri A.V. Srinivasan had no role, either direct or indirect, in the said illegal acts. 8. Apart from the above incident, I have never harbored, nor shall I ever harbor any adverse opinion against Shri A.V. Srinivasan, a distinguished individual known for his moral and professional uprightness. 9. I hereby tender my unconditional and sincere apology to Shri A.V. Srinivasan for the mental agony, stress, and defamation caused to him by my actions, which have resulted in the irrevocable loss of his reputation. 10. I assure Shri A.V. Srinivasan that I shall never indulge in any illegal, unlawful, or immoral activities in the future. 11. I humbly request Shri A.V. Srinivasan to consider my unconditional apology and, if permissible, withdraw me from the ongoing proceedings/case. 12. I indemnify and compensate Shri A.V. Srinivasan for any financial losses he incurred due to my involvement in the acts above. 13. I am executing this affidavit voluntarily, out of my own free will, without any threat, coercion, undue influence, or inducement from any person(s) whatsoever. - 8 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR AFFIDAVIT OF PETITIONER NO.2 I, Jagannath Gowda, aged about 36 years, son of Krishnappa resident of Vinayaka Nagara, Vinayaka Layout, Binnamangala, Nelamangala Taluk, Bangalore Rural-562123 do hereby solemnly affirm and declare as under: 1. I affirm and declare that 1. Jagannath Gowda, along with Seetharamiah R. and Kiran Shanbog. extorted an amount of Rs.25,00,000 (Rupees Twenty-Five Lakhs only) from Shri A.V. Srinivasan under the direction of Seetharamiah R., with the sole purpose of concealing the illegal activities carried out by Seetharamiah R. and his associate Dr. Jayanth S. within the institution belonging to Shri AV. Srinivasan 2. I further affirm that Shri A.V. Srinivasan is not involved in any criminal activities, and the allegations against him were baseless and fabricated, which I hereby accept 3. Kiran Shanbog and I witnessed Seetharamiah R.'s illegal activities. 4. Kiran Shanbog is a close friend of Seetharamiah R., as evidenced by telephone conversations between Seetharamiah R., Kiran Shanbog, and me. Kiran Shanbog threatened Seetharamiah R to remit an additional amount of Rs.6,00,000 (Rupees Six Lakhs only) towards expenses he purportedly incurred in appeasing the Press Club, which amount he claimed to have paid from his pocket. - 9 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR 5. Seetharamiah R. and his associate Dr. Jayanth S. perpetrated illegal activities for their pleasure in the absence of Shri A.V. Srinivasan and the other trustees of the said trust. 6. The extortion was carried out with the knowledge and consent of Seetharamiah R.'s family members and his associate, Dr. Jayanth S. 7. Despite my repeated requests to Seetharamiah R. not to extort money by leveling false allegations against Shri A.V. Srinivasan, Seetharamiah R. proceeded with the extortion to conceal his illegal acts and plotted, along with his family and his friend Dr Jayanth S, to falsely accuse Shri A.V. Srinivasan. 8. Shri A.V. Srinivasan denied the false allegations and refused to initially pay the extortion amount of Rs.25,00,000. 9. Subsequently, Seetharamiah R. changed his version and stated that Kiran Shanbog owned BALLB specific unsolicited video content involving the institution's students. 10. Shri A.V. Srinivasan committed to arranging and settling the funds as demanded to safeguard the students' lives and dignity. 11. That Mr Seetharamaiah R., to meet my demands arising out of his financial constraints, falsely attributed unsolicited video recordings made in the name of students to - 10 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR Shri A.V. Srinivasan and Knowledge using this pretext, made part payments towards me and Mr Kiran Shanbog. Specifically, Mr Kiran Shanbog, paid a sum of Rs. 5,00,000/- (Rupees Five Lakh only) as a loan to me in the month of February - March 2019 and charged an interest @ 3% to me, which I repaid to Mr. Kiran Shanbog around August 2019. Rest of the sum of Rs.20.00.000/- (Rupees Twenty Lakhs only) retained by Mr Kiran Shanbog, probably appropriated some amount out of Rs. 20,00,000/- (Rupees Twenty Lakh Only) to Seetharamaih R., for his benefit, and for the benefit of his family members and his associate, Dr Jayanth S. 12. However, Shri A.V. Srinivasan had never committed or consented to pay any additional amount of Rs.16,00,000/- which Seetharamiah R. committed to pay to Kiran Shanbog without the knowledge or approval of Shri A.V. Srinivasan. 13. I affirm that I participated in this extortion because of my market liabilities and financial pressures. 14. I state unequivocally that I have never had, nor can I have, any wrongful opinion against Shri A.V. Srinivasan, who has never been involved in any criminal activities. 15. I humbly affirm and declare that I will never engage in illegal activities. 16. I sincerely request Shri A.V. Srinivasan to withdraw me from the present case. - 11 - NC: 2025:KHC:18864 CRL.P No. 7365 of 2025 HC-KAR 17. I undertake to repay Shri A.V. Srinivasan for his financial losses due to my involvement. 18. I further acknowledge that the mental agony, stress, and damage to reputation caused to Shri A.V. Srinivasan by my actions is an irrevocable loss, for which I tender my unconditional and sincere apology and seek forgiveness from Shri A.V. Srinivasan. 19. I further state that I have penned down this affidavit out of my own free will, voluntarily, and in my self- interest, without any external pressure, coercion, threat, or undue influence from any person (s) whatsoever.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
Decision
ORDER (i) The petition is disposed of in terms of I.A.No.1/2025 - application under Section 320(2) read with Section 482 of Cr.P.C dated 04.06.2025. (ii) The proceedings in C.C.No.2563/2019 registered for the offences punishable under Section 384 of IPC pending on the file of Principal Civil Judge and JMFC, Nelamangala, insofar as the petitioners are concerned are hereby quashed. MDS Sd/- (S.R.KRISHNA KUMAR) JUDGE