SRI SHIVAKUMAR M vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:62089
CRL.P No. 10285 of 2024
CNR: KAHC010545162024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 10285 OF 2024
BETWEEN:
SRI SHIVAKUMAR .M
S/O MADDURAPPA
AGED ABOUT 43 YEARS,
R/AT NO. 86
NEAR VASANTHAPURA TEMPLE,
SUBRAMANYAPURA POST,
BENGALURU CITY,
KARNATAKA-560 061
ALSO AT
TH
NO. 786, 17 CROSS,
ND
2 BLOCK, KUMARASWAMY LAYOUT,
BENGALURU -560 078
…PETITIONER
(BY SRI. MAHESH NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY KUMARASWAMY LAYOUT POLICE STATION,
BENGALURU CITY
REPRESENTED BY ITS SPP,
HIGH COURT, BENGALURU-560 001
2. SMT. MAADEVI M
W/O NAGA NAYAK
AGED ABOUT 43 YEARS,
ST
R/AT NO. 3310, 1 FLOOR,
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:62089
CRL.P No. 10285 of 2024
CNR: KAHC010545162024
40 FEET ROAD,
CHANDRANAGARA
K.S LAYOUT, BENGALURU
KARNATAKA -560 078
…RESPONDENTS
(BY SRI. MAHESHA P, HCGP FOR R1,
SRI. SHREEDHAR KOTRASHETTI, ADVOCATE FOR
SRI. RAJENDRA DESAI, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER (I.E.
ACCUSED NO. 1) IN CRIME NO. 320/2022 NOW NUMBERED AS
CC NO.30485/2023 PENDING ON THE FILE OF HONBLE IV
ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION
406 AND 420 OF IPC AND PASS ANY SUCH ORDER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
ORAL ORDER
This petition is filed under Section 482 of Cr.P.C to quash
the proceedings against the petitioner/accused No.1 in
C.C.No.30485/2023, arising out of Crime No.320/2022,
registered by Kumaraswamy Layout Police, for the offences
punishable under Sections 406 and 420 of IPC, pending on the
file of IV Addl. Chief Metropolitan Magistrate, Bengaluru.
2. The brief facts of the case are, respondent No.2
lodged a complaint before respondent No.1-Police on
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HC-KAR
NC: 2026:KHC:62089
CRL.P No. 10285 of 2024
CNR: KAHC010545162024
02.11.2022 against the petitioner/accused No.1 and accused
No.2 alleging that the petitioner and his sister Meenakshi M.
i.e., accused No.2 were the owners of residential building
bearing No.3310 situated at 40 Feet Road, Chandranagar,
Kumaraswamy Layout, Bengaluru. The petitioner, after
obtaining an amount of Rs.3,20,000/- from respondent No.2,
leased one house in the said building to respondent No.2 vide
Agreement dated 03.08.2016. After expiry of the lease period,
accused No.2 once again leased the said house to respondent
No.2 by adjusting the lease amount obtained by accused No.1.
Subsequently, it came to the knowledge of respondent No.2
that the building was mortgaged to Karnataka State
Co-operative Apex Bank Limited and as accused Nos.1 and 2
failed to repay the loan amount, the Bank seized the said
building. When respondent No.2 requested the petitioner and
accused No.2 for refund of her lease amount, they failed to
repay the same and threatened her.
3. On the strength of the said complaint, FIR came to
be registered against the petitioner and accused No.2 in Crime
No.320/2022 dated 02.11.2022 by respondent No.1-Police for
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HC-KAR
NC: 2026:KHC:62089
CRL.P No. 10285 of 2024
CNR: KAHC010545162024
the aforementioned offences. Subsequently, respondent No.1-
Police investigated the case and laid charge sheet against the
petitioner and accused No.2 for the aforesaid offences.
Accordingly, learned Magistrate took cognizance of the
offences. Aggrieved by the same, the petitioner/accused No.1
preferred this petition.
4. Heard the learned counsel for the respective
parties.
5. The primary contention of learned counsel for the
petitioner is, the petitioner being accused No.1, no way
connected to the alleged cheating or breach of trust as alleged
in the complaint or in the charge sheet, since initially the lease
agreement was executed between the petitioner and
respondent No.2 and subsequently the lease was renewed and
the amount which was obtained by the petitioner was adjusted
for the subsequent lease agreement executed by accused No.2
in favour of respondent No.2. As such, the offences charge
sheeted do not attract against the petitioner. He further
contended that the entire dispute between the parties is civil in
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CRL.P No. 10285 of 2024
CNR: KAHC010545162024
nature and in order to give criminal colour to the civil dispute, a
false complaint has been lodged by respondent No.2 against
the petitioner. In order to buttress his arguments, he relied on
the following judgments:
i. Naresh Kumar and Another vs. The State of
Karnataka and Another - 2024 INSC 196;
ii. Shailesh Kumar Singh Alias Shailesh R. Singh
vs. State of Uttar Pradesh and Others - 2025
INSC 869;
iii. Lalit Chaturvedi and Others vs. State of Uttar
Pradesh and Another - SLP (Crl.) No.13485 of
2023;
iv. Mitesh Kumar J. Sha vs. State of Karnataka
and Others - (2022) 14 SCC 572.
Accordingly, he prays to allow the petition.
6. The prayer of the petitioner is opposed by learned
counsel for respondent No.2 and learned HCGP for respondent
No.1 on the ground that now the charge sheet has been filed
and the statement of material witnesses clearly reveals that
the petitioner and accused No.2 being brother and sister have
cheated CWs.2 to 7 in similar manner by executing the lease
deeds for the said building, which was mortgaged to the Bank.
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NC: 2026:KHC:62089
CRL.P No. 10285 of 2024
CNR: KAHC010545162024
In such circumstances, with a clear intention of defrauding
respondent No.2, the petitioner and accused No.2 received the
amount knowing fully that the building would be seized by the
Bank. Accordingly, they submitted that the proceedings cannot
be quashed against the petitioner at this stage since he
committed cheating and breach of trust. With these
submissions, they pray to dismiss the petition.
7. I have given my anxious consideration to the
submissions and perused the FIR, charge sheet and other
documents made available before this Court.
8. On careful scrutiny of the complaint and charge
sheet averments, undisputedly the petitioner and accused No.2
are the owners of building bearing No.3310 situated at 40 Feet
Road, Chandranagar, Kumaraswamy Layout, Bengaluru. It is
also not in dispute that initially this petitioner executed a lease
deed in favour of respondent No.2 by obtaining a lease amount
of Rs.3,20,000/-. Subsequently the said lease was renewed by
accused No.2 by executing a separate lease deed in favor of
respondent No.2 by adjusting the amount received by the
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CRL.P No. 10285 of 2024
CNR: KAHC010545162024
petitioner from respondent No.2. The charge sheet averment
also discloses that the petitioner with the similar modus
operandi cheated CWs.2 to 7 and the statement of CWs.2 to 7
also reveals the similar allegation against the petitioner.
9. The learned HCGP submitted that the petitioner
being the habitual offender and accused No.2 being the sister
of the petitioner, they both knowing well each other that the
building would be seized by the Bank, with a clear intention of
inducement, defrauded respondent No.2. The submission of
learned HCGP is supported by the statement and other
documents available in the charge sheet. In such circumstance,
when there is serious allegation of cheating and breach of trust
not only to respondent No.2 but also to CWs.2 to 7, it cannot
be said that respondent No.2 has to file a civil suit for recovery
of amount. This case cannot be construed as civil in nature and
as such, the judgments cited by the learned counsel for the
petitioner is distinguishable. On over all perusal of the entire
charge sheet materials, I am of the considered view that the
statement of CWs.1 to 7 has to be tested in a detailed trial.
Hence, at this stage, the proceedings against the
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NC: 2026:KHC:62089
CRL.P No. 10285 of 2024
CNR: KAHC010545162024
petitioner/accused No.1 cannot be quashed. The petition, being
dismissed
devoid of merits, is accordingly .
SD/-
(RAJESH RAI K)
JUDGE
HKV
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