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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.3278 OF 2021

BETWEEN

Sri. T.R.Ramachandran,

S/o. Sri. T.S.Rajagopalan,

Aged about 53 years,

Former Chief Executive Officer,

Aviva Life Insurance India Ltd.,

Aviva Towers, Sector Road,

Opp. Golf Course, DLF,

Phase V, Sector 43, Gurgaon,

Haryana-122003.

Presently at No.1701

8The Capital9, Bandra Kurla Complex,

Bandra West, Mumbai-400072,

Maharashtra.

&Petitioner

(By Sri.K.N.Phaneendra, Senior Counsel, for

Smt. Vaishali Hegde, Advocate)

AND

1.

State of Karnataka

By Hebbal Police Station,

Bengaluru City,

Represented by its SPP.,

High Court of Karnataka,

Bengaluru-560001.

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2.

M/s Dream World India

Represented by its Proprietor,

Sri. Niketan J Devadiga

S/o. Late Sri. Jinnappa Devadiga,

No.85, SMR Arcade,

Vinayaka Nagar, Hebbal,

Beside Viva Toyota Showroom,

Bengaluru-560024.

&Respondents

(By Sri. Mahesh Shetty, HCGP, for R1;

R2 served, unrepresented)

This Crl.P. is filed under Section 482 of Cr.P.C.

praying to quash the FIR and complaint dated 03.07.2017,

charge sheet and entire proceedings a/w order dated

28.07.2018 passed in Cr.No.195/2017 now renumbered as

C.C.No.20686/2018 against petitioner/accused No.2 for

the offence punishable under Sections 406, 420, 120B

read with 34 of IPC pending on the file of the IV A.C.M.M.,

Bengaluru City, produced at Annexures A,A1, B and C.

This Crl.P. coming on for admission through video

conferencing this day, the court made the following:

ORDER

This is a petition filed under section 482 Cr.P.C. The

petitioner

is

accused

No.2

in

the

criminal

case,

C.C.20686/2018 on the file of IV ACMM, Bengaluru City.

Charge sheet is filed against him and other accused for the

offences punishable under sections 406, 420, 120B read

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with section 34 of IPC. The factual background, stated in

the charge sheet is as follows :

2. The second respondent in collaboration with

M.J.Maths used to hold examination in Mathematics and

give awards to the winning students. In the year 2013

accused No.3, an employee of Aviva Life Insurance

Company India Limited, (8Aviva9 for short) contacted CW1

of the second respondent company and made a proposal

that insurance policies could be issued to the winning

students instead of giving them prize in the form of cash.

Thinking that this proposal would benefit the students, the

second respondent agreed for the same and contracted

with the second respondent for obtaining 35 policies of

Aviva in the names of parents of the children. The second

respondent paid Rs.30,00,000/- by way of cheques.

Thereafter, accused No.3 failed to issue policies to CW1.

Then accused No.4 brought this matter to the notice of

accused Nos. 7 and 8 who agreed for issuing the policies.

On 19.4.2014 they communicated to CW1 by sending e-

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mail and expressed regrets for the inconvenience caused

and then assured of issuing new policies under the

Employer- Employee scheme. CW1 paid Rs.36,89,567/- to

Aviva. Policies were issued in the names of parents of the

children. It is stated that accused No.4 used the letter-

heads of second respondent and created documents to

give an impression that the parents of the children were

the employees of the second respondent. Thereafter,

Aviva cancelled the policies. CW1 wanted to meet the

petitioner who was the CEO of Aviva at that time, but the

meeting was not possible. Then A4 communicated CW1

once again through e-mail stating that there was a mistake

on their part and that Aviva would return the entire

premium amount with interest. CW1 did not agree for

this.

3. The FIR was registered with the first respondent

police station on 3.7.2017. In the FIR name of the

petitioner did not figure. Only in the charge sheet, he was

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arrayed as accused No.2. This petition has been filed for

qua