SRI L NAGARAJA SETTY, vs STATE OF KARNATAKA BY
- Court
- Karnataka High Court
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HC-KAR
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CRL.P No. 659 of 2024
C/W CRL.P No. 662 of 2024
CNR: KAHC010028312024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO. 659 OF 2024 (482(Cr.PC) /
528(BNSS))
C/W
CRIMINAL PETITION NO. 662 OF 2024 (482(Cr.PC) /
528(BNSS))
IN CRL.P No. 659/2024
BETWEEN:
1.
SRI. L. NAGARAJA SETTY,
AGED ABOUT 63 YEARS,
S/O SRI. MAKANUR,
LAKSHMANA SETTY
2. SMT. REKHA NAGARAJA SHETTY
AGED ABOUT 60 YEARS,
W/O SRI. L. NAGARAJA SETTY
3. SRI. N. SHASHANK
AGED ABOUT 33 YEARS,
S/O SRI. NAGARAJA SET L.,
ALL ARE RESIDING AT
NO.40/5, FLAT NO.001,
39TH CROSS, 8TH BLOCK JAYANAGARA,
BENGALURU - 560 070.
…PETITIONERS
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. RAMESHCHANDRA, ADVOCATE)
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CRL.P No. 659 of 2024
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AND:
1. STATE OF KARNATAKA
THE STATION HOUSE OFFICER,
VISHWANATHAPURA POLICE STATION,
DODDABALLAPURA SUB-DIVISION,
BENGALURU DISTRICT.
REP. BY ITS SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2.
SRI. SATHISH M.,
AGED ABOUT 52 YEARS,
S/O SRI. MUNIRAJAPPA,
RESIDING AT NO.08, SWAROOPA NILAYA,
5TH MAIN, 15TH CROSS,
CENTRAL EXCISE LAYOUT,
RMV 2ND STAGE, SANJAYANAGARA,
BENGALURU - 560 094.
…RESPONDENTS
(BY SRI. MAHESHA P., HCGP FOR R1;
R2 - SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO QUASH THE FIR DATED
08.09.2022 LODGED BY THE 1ST RESPONDENT AGAINST THE
PETITIONERS, WHICH HAS BEEN REGISTERED IN
CR.NO.122/2022 BY THE RESPONDENT VISHWANATHAPURA
P.S., FOR THE OFFENCE P/U/S 420, 465, 468, 471 OF IPC
PRESENTLY PENDING BEFORE THE LEARNED ADDL.CIVIL
JUDGE AND J.M.F.C. COURT AT DEVANAHALLI, BENGALURU
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CRL.P No. 659 of 2024
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DISTRICT, OR PASS ANY SUCH OTHER ORDERS AS THIS
HON'BLE COURT DEEMS FIT, IN HTE INTEREST OF JUSTICE.
IN CRL.P NO. 662/2024
BETWEEN:
1. SRI. L. NAGARAJA SETTY,
AGED ABOUT 62 YEARS,
S/O SRI. MAKANUR,
LAKSHMANA SETTY,
RESIDING AT NO.40/5,
FLAT NO.001, 39TH CROSS,
8TH BLOCK, JAYANAGAR,
BENGALURU - 560 070.
2. SRI. N. M. RATHNAIAH SETTY
AGED ABOUT 97 YEARS,
S/O LATE. V. MUDDAIAH SHETTY,
RESIDING AT NO.30, 8TH CROSS,
9TH MAIN, 2ND BLOCK, JAYANAGAR,
BENGALURU - 560 001.
...PETITIONERS
(BY SRI. RAMESHCHANDRA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY
THE STATION HOUSE OFFICER,
VISHWANATHAPURA POLICE STATION,
DODDABALLAPURA SUB-DIVISION
BENGALURU DISTRICT.
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CRL.P No. 659 of 2024
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REP. BY ITS SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SRI. SURESH T.,
AGED ABOUT 55 YEARS,
S/O SRI. THIMMAYYA,
RESIDING AT NO.265, 15TH D CROSS,
2ND STAGE, NEAR NANDINI THEATRE,
MAHALAKSHMI PURA,
BENGALURU - 560 086
...RESPONDENTS
(BY SRI. MAHESHA P., HCGP FOR R1;
R2 - SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED U/S 482 CR.PC BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE
FIR DATED 09.09.2022 LODGED BY THE 1ST RESPONDENT
AGAINST THE PETITIONERS WHICH HAS BEEN
REGISTERED IN CR.NO.123/2022 OF THE 1ST
RESPONDNET VISHWANATHAPURA P.S. FOR THE OFFENCE
P/U/S 406,420,465,468,471 OF IPC PRESENTLY PENDING
BEFORE THE LEARNED ADDL.CIVIL JUDGE AND J.M.F.C
COURT AT DEVANAHALLI BENGALURU DISTRICT, OR PASS
ANY SUCH OTHER ORDERS AS THIS HON'BLE COURT
DEEMS FIT, IN HTE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
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ORAL ORDER
IN CRL.P No. 659/2024
Learned counsel for the petitioner, seeks the leave of this
court to withdraw the petition against the petitioner No.1.
dismissed
2. Accordingly, this petition is against
petitioner No.1/accused No.1 as not pressed.
3. Insofar as Petitioner Nos. 2 and 3 are concerned, the
present petition is filed under Section 482 of Cr.P.C., seeking to
quash the FIR registered against them in Crime No. 122/2022
by the Vishwanathapura Police Station, Bengaluru Rural
District, for offences punishable under Sections 406, 420, 465,
468, and 471 read with Section 34 of the IPC, currently
pending on the file of the Additional Civil Judge and JMFC,
Devanahalli, Bengaluru Rural District.
4. The brief facts necessary for the disposal of the present
petition are that respondent No. 2 lodged a complaint before
respondent No. 1 – Police on 08.09.2022, alleging that in the
month of March 2022, while he was searching for land to
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purchase around Devanahalli, accused No. 1 along with the
petitioners / accused Nos. 2 and 3, being residents of
Jayanagar, Bengaluru, represented that they were the absolute
owners of land bearing Survey No. 124, situated at
Doddachimanahalli Village, Kundana Hobli, Devanahalli Taluk.
It is alleged that they induced respondent No. 2 to believe that
they were in urgent need of funds and insisted the respondent
No.2 to purchase the subject property within 20 days.
However, as respondent No. 2 was unable to immediately
arrange the total sale consideration, he sought time and agreed
to enter into an Agreement of Sale with them.
5. Accordingly, Accused No. 1 summoned respondent No.
2 to Sri Rama Vidyalaya School, where he, along with his
partners Muralidhara and Kirankumar i.e.,accused Nos.4 and 5,
handed over the registered original Sale Deeds standing in their
names and assured respondent No. 2 that the property would
be registered in his favor within 20 days.
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6. Believing their representations, Respondent No. 2 paid
a sum of Rs.5,00,000/- in cash to Muralidhar/accused No.4,
Rs.5,00,000/- in cash to Kirankumar/accused No.5, and
Rs.5,00,000/- in cash to accused No. 1. Additionally, he
transferred Rs.7,50,000/- and Rs.15,00,000/- via bank transfer
to petitioners/accused Nos. 2 and 3, respectively, thus paying
an aggregate sale consideration of Rs.37,50,000/- to the
petitioners and other accused.
7. Thereafter, when respondent No. 2 demanded the
execution and registration of the Sale Deed in his name, he
discovered that the petitioners along with Accused Nos. 1, 4,
and 5 had colluded and cheated him by alienating the very
same land in favor of one G. Venkataramana vide Sale Deed
dated 23.03.2022 by creating forged documents.
8. On these allegations, Respondent No. 2 lodged a
complaint, on the basis of which the impugned FIR in Crime No.
122/2022 came to be registered against the petitioners.
Aggrieved by the registration of the FIR, the petitioners have
preferred the present petition.
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9. Heard learned counsel for petitioners and learned
HCGP.
10. The primary contention of the learned counsel for the
petitioners is that a perusal of the complaint in its entirety
reveals no specific allegation of cheating or forgery against
petitioners/accused Nos.2 and 3). It is submitted that the sole
allegation against the present petitioners in the entire
complaint is that at the time of handing over the original title
documents of the property belonging to accused No. 1, sums of
Rs.7,50,000/- and Rs15,00,000/- were transferred to their
respective bank accounts on the specific instructions of accused
No. 1.
11. Learned counsel further submitted that the
petitioners, being the wife and son of accused No. 1
respectively, had no knowledge of the transaction or the
alleged acts of accused No.1. They neither entered into any
criminal conspiracy with accused No. 1 for illegal gain, nor
committed any cognizable offence. In the absence of any overt
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mens rea
act or attributed to them, continuing the investigation
against the petitioners constitutes an abuse of the process of
law. On these grounds, he prayed for allowing the petition and
quashing the FIR in respect of Petitioners.
12. The prayer is opposed by the learned HCGP, on the
ground that the investigation is still at a nascent stage. It is
submitted that the investigating agency is required to collect
material evidence to ascertain the specific roles played by the
petitioners. Learned HCGP further submitted that there are
serious allegations of forgery, criminal breach of trust, and
cheating leveled against the present petitioners as well, as
funds forming part of the proceeds of crime were directly
transferred into their respective bank accounts. Therefore, at
this stage of the investigation, the petition cannot be
entertained and deserves to be dismissed
13. I have given my anxious consideration both on the
submission and perused the entire averments of the complaint,
FIR and other documents placed by the learned counsel for the
petitioners.
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14. As could be gathered from the complaint averments,
the specific allegation made by the complainant is that accused
No.1, along with one Kirankumar /accused No. 4 and one
Muralidhar /accused No. 5, came into contact with the
complainant and assured him regarding the sale of landed
property measuring 1 Acre in Survey No. 124, situated at
Devanahalli.
15. Thereafter, accused No. 1 along with accused Nos. 4
and 5 summoned the complainant to Sri Rama Vidyalaya
School, where they handed over the original Sale Deeds
pertaining to the property belonging to accused No. 1. They
then received cash consideration from the complainant and
instructed the complainant to transfer sums of Rs.7,50,000/-
and Rs.15,00,000/- to the respective bank accounts of the
present petitioners /accused Nos. 2 and 3.
16. Admittedly, the petitioners were not present at the
time of the alleged transaction. They neither held out any
representations or assurances to the complainant regarding the
sale of the land, nor participated in the negotiations, nor
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received any cash directly from respondent No. 2. Being the
wife and son of accused No.1, their bank account details were
merely provided by accused No.1, pursuant to which
respondent No. 2 transferred the said amounts. Under these
mens rea
circumstances, no , dishonest intention to cheat, or
participation in any alleged forgery can be attributed to the
present petitioners
17. Furthermore, the specific allegation in the complaint is
that accused Nos. 1, 4, and 5 conspired and colluded among
themselves to cheat the complainant by alienating the subject
property in favor of one G. Venkataramana after having
received the consideration amount.
18. In such circumstances, where there is a total absence
of any material or overt act establishing criminal intent against
the petitioners/accused Nos. 2 and 3, continuing the criminal
investigation against them constitutes a clear abuse of the
process of the court and would result in a grave miscarriage of
justice
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19. Accordingly, this petition is allowed .
20. The proceedings against the petitioners/ accused
Nos.2 and 3 in Crime No. 122/2022 by the Vishwanathapura
Police Station, Bengaluru Rural District, for offences punishable
under Sections 406, 420, 465, 468, and 471 read with Section
34 of the IPC, currently pending on the file of the Additional
Civil Judge and JMFC, Devanahalli, Bengaluru Rural District is
hereby quashed.
IN CRL.P NO. 662/2024
21. It is reported that petitioner No. 2 has passed away
during the pendency of the present petition. In view of the
abated
same, the petition as against petitioner No.2 stands
22. After arguing the matter for some time, the learned
counsel for the petitioner seeks permission of this Court to
withdraw the present petition
23. Accordingly, the petition is dismissed as not pressed.
SD/-
(RAJESH RAI K)
JUDGE
AKV_List No.: 1 Sl No.: 12