SRI SUBRAMANYAM JANARDHAN TANTRY vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:58104
WP No. 35355 of 2024


CNR: KAHC010719522024




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 14 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

WRIT PETITION No.35355 OF 2024 (GM-RES)

BETWEEN:


SRI SUBRAMANYAM JANARDHAN TANTRY
S/O K. JANARDHAN TANTRY,
AGED ABOUT 50 YEARS,
R/@ NO.A3-G02, ELITA PROMENADE,
TH
BEERESHWAR NAGAR, J.P NAGAR, 7 PHASE,
BANGALORE SOUTH-560078
…PETITIONER
(BY SRI AKASH B SHETTY, ADVOCATE)







AND:

1. THE STATE OF KARNATAKA
REPRESENTED BY
SAKALESHAPURA RURAL POLICE STATION,
REP.BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
DR. B.R AMBEDKAR VEEDHI,
BANGALORE- 560 001

2.
SRI. B.H MEGHARAJ
S/O LATE B. HUCHHEGOEDA,
AGED ABOUT 83 YEARS,
TH
R/AT NO.19, 7 CROSS, CHRIST SCHOOL ROAD,
BHAVANI NAGAR, D.R COLLAGE POST,
BANGALORE SOUTH-560 029
…RESPONDENTS
(BY SRI K.P.YASHODHA, ADDITIONAL GOVERNMENT
ADVOCATE FOR R1;




Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA

SRI M.S.HARINATH, ADVOCATE FOR R2)

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HC-KAR
NC: 2026:KHC:58104
WP No. 35355 of 2024


CNR: KAHC010719522024


THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE
COMPLAINT AND FIR FILED BY THE RESPONDENT NO.2
BEFORE OF SAKALESHAPURA RURAL PS AND FIR REGISTERED
IN CRIME No.0198/2024 AGAINST THE PETITIONER BY THE
RESPONDENT POLICE FOR THE ALLEGED OFFENSES UNDER
SECTION 468, 471, 420 AND 34 OF INDIAN PENAL CODE, 1860
DATED 23/11/2024 PENDING BEFORE THE FILE OF THE COURT
OF THE PRL. CIVIL JUDGE (JR. DN) AND JMFC COURT,
SAKALESHAPURA, AT A HASSAN DISTRICT VIDE ANNNEXURES-
A AND B ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard.
An affidavit filed by the petitioner with copy to the
respondents. Contents of the affidavit read as under:
“SUBRAMANYAM JANARDHAN TANTRY, S/o K.
Janardhan Tantry, aged about 52 Years, R/@ No. A3-G02,
Elita Promenade, Beereshwar Nagar, J P Nagar, 7th Phase,
Bangalore South-560078, do hereby solemnly affirm and
state on oath as follows: -
1. I state that, am the petitioner in the above Writ
petition, and I am aware of the facts of the case.
Hence, I am competent to swear this affidavit.

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HC-KAR
NC: 2026:KHC:58104
WP No. 35355 of 2024


CNR: KAHC010719522024


2. I state that, contents of the memorandum of writ
petition, may be read as part and parcel of the
present affidavit to avoid the repetition of the case.
3. I state that, the present writ petition is filed for
quashing the Complaint filed by the Respondent No.2
and FIR initiated by the Respondent Police in Crime
No.0198/2024 dated 23/11/2024 against me for the
alleged offenses punishable under Section 468, 471,
420 and 34 of Indian Penal Code,1860 before the Prl.
Civil Judge (Jr.Dv) & JMFC Court, Sakaleshapura, at
Hassan District.
4. I state that, I was planning to purchase land for
agriculture purposes and January 2023, approached
a real estate agent company named VIBES ESTATES
PRIVATE LIMITED, BANGALORE. The said agency
offered land having Coffee Estate in Sy.No. 121/1,
Achchenehalli Village, Hanubalu Hobli, Sakaleshapura
Taluk. Accordingly, I agreed to purchase the said
land to the extent of 1 Acre 20 Gunta.
5. I state that, on 19/12/2023, I paid a sum of
Rs.4,50,000/-(Rupees four lakhs Fifty thousand only)
to the above said Agent company towards the
advance amount. A copy of the Booking confirmation
letter from the Agent Company at ANNEXURE-C.
6. I state that, agent company had assured me that
they will immediately transfer the Right over the
scheduled property by executing an absolute sale
deed. But the same was not done immediately, I

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WP No. 35355 of 2024


CNR: KAHC010719522024


waited for a year from January 2023 to January
2024. Subsequent explanation of agent company
was not satisfactory. Hence, I decided to cancel the
contract with the agent company with regard to
purchase of the said scheduled property and asked
for the refund of my advance money. I state that,
advance amount taken by the agent Company was
refunded on 09/08/2024. The copy of the refund
receipt and confirmation mail attached herewith.
7. I state that, no agreement was either executed or
registered between me and Respondent No.2 herein
over the scheduled property. I have never
approached Respondent No.2 and not forced him to
sell the schedule property. Having good faith, I
would like to purchase a portion of the scheduled
property as offered by the Agent Company and never
had any malicious intention to deceive Respondent
No.2 herein. Such being the situation the pendency
of the criminal case against me amounts is an abuse
of process of law.
I, SUBRAMANYAM JANARDHAN TANTRY, the
deponent herein, do hereby declare that what is
stated in the above paragraphs are all true and
correct.”


2. Petitioner is accused No.2 in Crime No.198/2024 of
Sakaleshapura Police registered on 23.11.2024 for the offence

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WP No. 35355 of 2024


CNR: KAHC010719522024


punishable under Sections 468, 471, 420 r/w 34 of the Indian
Penal Code.


3. Petition under Articles 226 and 227 of the Constitution of
India r/w Section 482 of the Code of Criminal Procedure with
the following prayer:
“To quash the complaint and FIR filed by the
respondent No.2 before of Sakaleshapura Rural Police
Station and FIR registered in Crime No.0198/2024
against the petitioner by the respondent police for the
alleged offences under Section 468, 471, 420 and 34
of Indian Penal Code, 1860 dated 23.11.2024 pending
before the file of the Court of the Hon’ble Prl. Civil
Judge (Jr.Dn.) and JMFC Court, Sakaleshapura, at
Hassan District vide Annexure-A and B.”


4. Petitioner said to have had a transaction with accused No.
1 in connection with purchase of portion of the property
belonging to the second respondent. However, the transaction
did not materialize for various reasons. As such, there is no
criminality involved insofar as the present petitioner is
concerned is the submission in support of the petition prayer.

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HC-KAR
NC: 2026:KHC:58104
WP No. 35355 of 2024


CNR: KAHC010719522024



5. Learned counsel for second respondent however would
contend that petitioner had also actively colluded with accused
No.1 in creating the documents which are detrimental to the
right, title and interest of the second respondent in respect of
the property owned by the second respondent since the time of
his ancestors. As such, criminal case has to be continued.


6. Smt. Yashoda, learned Additional Government Advocate
representing the first respondent would support the
continuation of the investigation.


7. Having noted the contents of the affidavit filed by the
counsel for the petitioner, no right whatsoever has been
transferred to the present petitioner by the alleged collusion.


8. When no right itself has been transferred and there is no
material on record which would indicate that the present
petitioner has falsified the documents pertaining to the land
said to have been owned by the second respondent,
continuation of the criminal proceedings for the offences
punishable under Sections 420, 468 and 471 r/w Section 34 of

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HC-KAR
NC: 2026:KHC:58104
WP No. 35355 of 2024


CNR: KAHC010719522024


the Indian Penal Code qua the petitioner is nothing but abuse
the process of law.


9. Hence, the following:
ORDER
allowed
i. Petition .


ii. Proceedings pending in Crime No.0198/2024
registered by Sakaleshapura Rural Police, Hassan
District, is hereby quashed qua the petitioner.


iii. It is made clear that quashing of the proceedings
qua the petitioner shall not influence the
investigation agency qua the pending crime with
regard to other accused.

Sd/-
(V SRISHANANDA)
JUDGE


kcm
List No.: 1 Sl No.: 74
CT:VRR