DR. ANANTHA PRASAD RAO vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57307
CRL.P No. 4503 of 2023
CNR: KAHC010263212023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4503 OF 2023
BETWEEN:
1. DR. ANANTHA PRASAD RAO
S/O DR. JAYAPRAKASH RAO
AGED ABOUT 38 YEARS
R/AT FLAT NO. 401
CLASSSIQUE PRADISE APARTMENT
K.S. RAO ROAD, MANGALURU - 575 001.
2. MR. ATHMACHARAN
S/O LATE. JANARDHAN
AGED ABOUT 49 YEARS
R/AT FLAT NO. 204
CLASSIQUE PARADISE APARTMENT
K.S. RAO ROAD, MANGALURU - 575 001.
3. MRS. ANITA MURALIDHARAN
W/O MR. MURALIDHARAN
AGED ABOUT 65 YEARS
R/AT FLAT NO. 204
CLASSIQUE PARADISE APARTMENT
K.S. RAO ROAD
MANGALURU - 575 001.
…PETITIONERS
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI ANANDARAMA K, ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
PSI OF MANGALORE NORTH
POLICE STATION
CENTRAL SUB-DIVISION
MANGALURU CITY
REPRESENTED BY SPP
HIGH COURT BUILDING
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CRL.P No. 4503 of 2023
CNR: KAHC010263212023
BENGALURU - 560 001.
2. MR. RAHU RAO
S/O LATE HEMANTH RAO
AGED ABOUT 28 YEARS
CLASSIQUE PARADISE APARTMENT
K.S. RAO ROAD, MANGALURU - 575 001.
…RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FOR R-1;
SRI SACHIN S, ADV., FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR DATED 06.04.2023 IN CR.NO.28/2023 REGISTERED BY THE
MANGALURU NORTH POLICE STATION, FOR THE OFFENCE P/U/S.406
AND 418 OF IPC PENDING ON THE FILE OF THE COURT OF JMFC 2nd
COURT, MANGALURU CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This petition is filed under Section 482 of Cr.P.C. with a
prayer to quash the FIR dated 06.04.2023 in Crime No.28/2023
registered by Mangalore North Police Station, Mangaluru, for
the offences punishable under Section 406 and 418 of IPC,
which is pending on the file of II JMFC, Mangaluru, as against
the petitioners.
2. Heard the learned counsel for the parties.
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CRL.P No. 4503 of 2023
CNR: KAHC010263212023
3. Learned counsel for the petitioners submits that
petitioners were office bearers of Classique Paradise Apartment
Owners Association and respondent No.2, who is one of the
owner in the said apartment complex, has filed a baseless and
frivolous complaint against the petitioners for extraneous
reasons. There is absolutely no material to prima facie prove
the alleged allegations of misappropriation of funds of the
Association by the petitioners. Prior to filing the present
complaint, respondent No.2 had approached the jurisdictional
Civil Court in OS No.538/2022, in which petitioners have
entered appearance and have filed detailed written statement.
Only with a purpose to embarrass and coerce the petitioners,
the present criminal proceedings is initiated against them.
Accordingly, he prays to allow the petition.
4. Per contra, learned HCCP for respondent No.1 and
learned counsel for respondent No.2 have opposed the petition.
Learned counsel for respondent No.2 submits that averments
found in the first information makes out a prima facie case
against the petitioners. Since the alleged offences are
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CRL.P No. 4503 of 2023
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cognizable in nature, the same are required to be investigated
and at this stage, no interference is called for. Accordingly, he
prays to dismiss the petition.
5. Perusal of the material on record would go to show that
petitioners as well as respondent No.2 are all owners of
apartments in an apartment complex known as Classique
Paradise Apartment Owners Association situated at K. S. Rao
Road, Mangaluru. Petitioners herein were office bearers of
Classique Paradise Apartment Owners Association, which is a
registered body. It appears that there is a dispute between the
owners of the association of the aforesaid apartment complex.
Respondent No.2 herein along with some other apartment
owners had therefore, filed OS No.538/2022 before the
jurisdictional Civil Court at Mangaluru, with a prayer to declare
that the defendants or anybody claiming under them do not
have right to convene the election of Board of Managers of
Classique Paradise Apartment Owners Association, as against
the bye-law of association and consequential relief of
permanent prohibitory injunction restraining the defendants
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CRL.P No. 4503 of 2023
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from convening the election was also sought. In the said suit,
petitioners herein are arraigned as defendant Nos.2 to 4.
6. In the plaint in OS No.538/2022, there is an omnibus
allegation that defendants had spent the funds of association
without proper accounting and had misappropriated the funds
of the association. In reply to the same, in the written
statement that was filed on behalf of the defendants, in
response to the aforesaid averments, it is stated as follows:-
"13...The funds of the Association are consonant with the
expenditure. However, majority of the funds in the
account of the association are earmarked for major capital
expenditure such as replacing the generator (approx.
Rs.15,00,000/-), roof repairs (approx. Rs.20,00,000/-),
internal and external painting, elevator repairs and any
other incidental capital expenditure. The present board of
managers have always maintained transparent and up to
date accounts in respect of all the transactions of the
association and the same are audited and certified by the
external auditors, which is very much within the
knowledge of the plaintiffs. Every year, the audit report
will be placed before the AGM and it will be approved in
the AGM."
7. The said written statement was filed on behalf of the
defendants on 25.08.2022.
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8. The present complaint is filed by respondent No.2, who is
plaintiff No.1 in OS No.538/2022 on 05.03.2023. There is an
allegation made in the said complaint to the effect that accused
persons have misappropriated funds of the association by
spending the same for renovation of swimming pool,
reconstruction of compound walls, laying of interlocks, steel
fabrication, gardening, purchase of chairs and security charages
etc., without the approval of the board of managers and
against the bye-laws of the association and thereby they have
misappropriated the funds of the association. In the written
statement, there is a specific plea taken on oath to the effect
that money spent by the petitioners have been accounted and
all transactions of the association are audited and certified by
external auditors, which is placed before the Annual General
Meeting regularly.
9. It is in this background, learned counsel for the
petitioners was directed to find out whether there was any
audit objection raised regarding the misappropriation of funds
of the association. On instructions, a submission is made by
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CRL.P No. 4503 of 2023
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learned counsel for respondent No.2 that no such audit
objection has been raised. Under the circumstances, I am of
the opinion that allegations now made against the petitioners
about misappropriation of funds of the association are baseless
and totally misconceived. Under the circumstances, I find some
force in the contentions urged on behalf of the petitioners that
criminal prosecution is now initiated against the petitioners
solely with an intention to embarrass and coerce them, after
the civil suit was filed by respondent No.2. Under the
circumstances, I am of the opinion that continuation of the
impugned criminal proceedings against the petitioners would
amount to abuse of process of law and therefore, to secure the
ends of justice, it is necessary to quash the same in exercise of
the inherent powers of this Court. Accordingly, the following
order:-
allowed
10. The criminal petition is . FIR in Crime
No.28/2023 registered by Mangalore North Police Station,
Mangaluru, for the offences punishable under Section 406 and
418 of IPC and further proceedings pursuant thereto, which is
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CRL.P No. 4503 of 2023
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pending on the file of II JMFC, Mangaluru, is hereby quashed,
as against the petitioners herein.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
DN
List No.: 2 Sl No.: 20