CRL.P. NO.4212/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF SEPTEMBER, 2018

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.4212/2018

BETWEEN:

1. SRI. K.V. HALAPPA

S/O K. VEERAPPA

AGED 64 YEARS

R/AT FLAT NO.4B

DAEWOO PALACE

NO.8, 3^RD CROSS

AMARAJYOTHI LAYOUT

SANJAY NAGAR

BANGALORE-560 094

2. SRI. SADANAND

S/O MALLIKARJUNA

AGED 48 YEARS

R/AT FLAT NO.1B

DAEWOO PALACE

NO.8, 3^RD CROSS

AMARAJYOTHI LAYOUT

SANJAY NAGAR

BANGALORE-560 094

... PETITIONERS

(BY SHRI. M.H. PRAKASH, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY SANJAY NAGAR POLICE STATION

BANGALORE CITY

REP BY STATE PUBLIC PROSECUTOR

CRL.P. NO.4212/2018

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HIGH COURT OF KARNATAKA

BANGALORE-01

2. SRI. T.J. ABRAHAM

PRESIDENT

ANTI-GRAFT/CORRUPTION

& ENVIRONMENTAL FORUM

NO.2326, 2^ND "A"CROSS

16^TH "B" MAIN, HAL 2^ND STAGE

INDIRANAGAR

BANGLAORE-560 008

... RESPONDENTS

(BY SHRI. S. RACHAIAH, HCGP FOR R1;

R2-SERVED BUT UNREPRESENTED)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO

QUASH THE FIR IN CR.NO.41/2018 BY RESPONDENT

NO.1 WHICH IS PENDING BEFORE THE 4^TH A.C.M.M., AT

BANGALORE CITY FOR THE OFFENCE P/U/Ss 409, 406,

420, 468, 471 AND 120B R/W 34 OF IPC AGAINST THE

PETITIONERS.

THIS CRL.P COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Heard Shri Prakash M.H., learned Advocate for

the petitioners and Shri S.Rachaiah, learned HCGP

for respondent No.1. Though served, respondent

No.2 has remained unrepresented.

2. Learned Advocate for the petitioners submits

that petitioners are office bearers of “Daewoo Palace

CRL.P. NO.4212/2018

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Owners/Residents Welfare Association” formed for

the welfare of the owners and residents of the

Apartment situated at 3^rd Cross, Amarjyothi Layout,

Sanjay

Nagar,

Bengaluru.

Complainant-second

respondent has written a letter dated 10.02.2018 to

the Deputy Commissioner of Police, Bangalore North

Division,

stating

that

the

petitioners

have

unauthorisedly opened another bank account in the

name of Association. The complainant is in no way

connected with the Association. However, based on

the said complaint, an FIR has been registered in

Crime No.41/2018 for the offences punishable under

Sections 409, 406, 420, 468, 471, 120-B read with

34 of IPC in Sanjay Nagar Police Station. He further

submits that in the circumstances, petitioners had

approached the jurisdictional Court and obtained bail.

He contends that based on a letter written by an

unknown person, petitioners are dragged into a

criminal case.

CRL.P. NO.4212/2018

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3. Learned HCGP submits that since the letter has

been addressed to the Deputy Commissioner of

Police, veracity of the same is being examined by the

police, but no action has been taken against the

petitioners as of now.

4. I have carefully considered the submissions of

learned Advocate for the parties and perused the

records.

5. It appears on an earlier occasion also, a

similar complaint was given by one Venugopal, on

06.09.2017 to the Sanjay Nagar Police Station and

police have issued an endorsement on 31.01.2018

stating

that

complaint

allegations

are

false.

Thereafter, the instant letter has been addressed by

an unknown person to the Deputy Commissioner of

Police.

CRL.P. NO.4212/2018

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6. Conspectus of facts clearly discloses that

complaint is by one Abraham T.J. He has described

himself as President of Anti-Graft/Corruption &

Environmental Forum. In page No.2 of the

complaint, he has stated as follows:

“2. Around three years later it was reliably learnt that

Sri.K.V.Halappa and Sri.Sadanand had unauthorizedly

opened another account in the name of the Association

without

the

knowledge

of

the

other

members/residents/owners of the Apartment in the

Indian Bank, New BEL Road Branch, Bengaluru, which

has been assigned an Account NO.6462318093. On

enquir