Criminal Petition No. 7370 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7370 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI A V SATYANARAYANA AGED ABOUT 69 YEARS, NO.77/11, 5TH CROSS, 3RD MAIN ROAD HANUMATHANAGAR, BANGALORE-560019 2. SMT. DAKSHYANI VILAS PATIL AGED ABOUT 65 YEARS, SAHAKARANAGAR, BANGALORE CITY BANGALORE- 560078 3. SMT. MEENAKSHI B AGED ABOUT 54 YEARS, NO. 317, A -1 BLOCK, 10TH CROSS, 4th MAIN ROAD, 3rd STAGE, VIJAYANAGARA, MYSORE-570017. 4. SMT. RENUKA SWAMY AGED ABOUT 56 YEARS, SWATHI, 1st B CROSS, MARUTHI NAGARA, SETTIHALLI, TUMAKURU-572114
Legal Reasoning
(BY SRI. R S RAJESH, ADVOCATE) …PETITIONERS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR AND: 1. THE STATE OF KARNATAKA BY KUMARASWAMY POLICE STATION, REP BY SPP HIGH COURT OF KARNATAKA BANGALORE 560001 2. DR. J JANARDHANAN S/O LATE S JAYARAMAN AGED ABOUT 70 YEARS, RESIDING NO. G16, D BLOCK, GURUPRIYA AKASHAGANGA APARTMENT, 6th CROSS, 1st MAIN, ISRO LAYOUT, BANGALORE - 560078 (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.A.MAHESH CHOUDHARY, ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE ORDER DATED 19.10.2022 TAKING COGNIZANCE IN C.C.NO.32756/2022 AND QUASH FIR IN CR.NO.77/2022 FOR THE OFFENCE P/U/S 406,420 OF IPC, ANNEXURE A AND B CONSEQUENTLY QUASH THE SUMMONS ISSUED AGAINST THE PETITIONERS IN C.C.NO.32756/2022 PENDING ON THE FILE OF 4TH A.C.M.M,. COURT BENGALURU. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI - 3 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR ORAL ORDER Petitioners who are arraigned as accused Nos.1, 2, 7 and 8 have filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against them in CC.No.32756/2022 arising out of Cr.No.77/2022 of Kumaraswamy Layout PS for the offences punishable under Sections 406 and 420 34 of IPC on the file IV ACMM, Bengaluru. 2. In support of the petition, the petitioners have contended that they are the senior citizens and retired officers of Erstwhile State Bank of Mysuru(SBM for short) (which is presently amalgamated into State Bank of India) (SBI for short). They were members of SBM Officers Housing Co-operative Society limited ('Society' for short). Respondent No.2 was the Vice President/office bearer of the Society. During 2006, Society issued Circular offering sites to its members near Devenahalli Airport formed/developed by JP Golden Homes Property Pvt. Ltd. Later the name of the Society was changed to Sri. - 4 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR M.Vishweswaraiah Enclave Site Owners Welfare Association. Each of the members paid Rs.9 lakhs each and sale deeds were registered. 2.1 When petitioners were office bearers they submitted records before the Deputy Registrar of Co- ordinate Bench of this Court operative Societies. In this regard, petitioner No.1 sought information under RTI and he was issued endorsement stating that the records were submitted till 2020-21 and no other records are available, which makes it clear that no General Body Meeting was held subsequently to elect the Committee Members and respondent merely claiming to be the member of the Association even after expiry of its term. 2.2 During the pendency of the enquiry regarding rival claims, petitioner No.1 submitted a letter to the Hon'ble Co-operative Minister to investigate the irregularities. On 12.11.2021, the Deputy Commissioner, Bengaluru Rural District declared the Layout as unauthorized and withdrawn the conversion order and - 5 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR directed the Taluk Panchayath to initiate necessary action as there was no approval taken from BIAPPA. In this regard, petitioner No.1 filed complaint dated 29.01.2022 against respondent No.2 and others in Cr.No.17/2022. In Crl.P.No.3722/2022, respondent No.2 has got stay of further proceedings. 2.3 As a counter to the complaint filed by petitioner No.1, respondent No.2 has filed a false complaint on 09.03.2022 in Cr.No.77/2022, making false allegations. Without application of mind, the trial Court has taken cognizance. 2.4 The complaint and consequential registering of case against petitioners is a counter blast to the complaint filed by respondent No.2. Without proper application of mind, the trial Court has issued summons against them. on the face of it, the charge sheet does not attract offences punishable under Sections 406 and 420 IPC. The dispute between the parties is purely civil in nature. When the complaint was filed, the petitioners were continuing as - 6 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR office bearers. There was no entrustment or dominion over property or misappropriation. There is also no wrongful gain or wrongful loss. In the circumstances, continuation of the criminal proceedings against the petitioners would amount to abuse of the process of the Court and hence, the petition. 3. On the other hand learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 submitted that respondent No.2 is the President and authroised signatory of Sri.M.Vishweshwaraiah Enclave Site Owners Welfare Association. The said association is formed to safeguard interest of its members who are the site owners of the layout formed in the lands situated at Singarahalli, Kundana Hobli, Devanahalli Taluk. Accused No.1 who was the earlier President of the Association was expelled/removed from the association and the same is not challenged and as such it has attained finality. - 7 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR 3.1 However, after lapse of one month, he has fraudulently and illegally high jacked the association and formed a Committee consisting of his own supporters, majority of whom are not even members of the society. He has blocked the account by writing letter to the Manager. On the other hand he has opened a new account by fabricating letterhead of the association and declaring himself as the President. He has also addressed letters to various authorities. In this regard, complaint No.98/2021 is filed before the District Registrar of the Co-operative Societies and secured interim order. The accused persons have created false and fabricated documents. Based on the complaint, case is registered in Cr.No.77/2022 and after conducting detailed investigation, charge sheet is filed. There is prima facie material to proceed against the accused persons and pray to dismiss the petition. 4. Thus, while the petitioners claim that they are the office bearers of Society in question and on information received through RTI, they came to know that without - 8 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR holding a general body meeting, respondent No.2 and others are claiming to be the office bearers. On the basis of complaint given to the Co-operative Minister, enquiry was held and the layout allegedly formed by the rival office bearers is declared as unauthorized and order granting conversion was recalled and as a counter blast, false complaint is filed against the petitioners. On the other hand, respondent No.2 claim that he is the President and other office bearers duly elected by the members and it is the petitioners who are unauthorisedly acting as the elected President and other office bearers and on the basis of concocted documents, preventing the elected office bearers from discharge the duties etc. 5. Based on the complaint filed respondent No.2 and after conducting detailed investigation, charge sheet is filed against the petitioners. There is prima facie material to proceed against the petitioners. The allegations made against them are grave and it requires a full fledged trial. - 9 - NC: 2025:KHC:23356 CRL.P No. 7370 of 2023 HC-KAR Consequently, the petition is liable to be dismissed and accordingly, the following:
Decision
ORDER Petition filed by the accused Nos.1, 2, 7 and 8 under Section 482 Cr.P.C is hereby rejected. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 54