IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19348 OF 2022 (GM-POLICE)

BETWEEN:

1. JOSEPH SUDHARSHAN S/O. S.A. FRANCIS XAVIER, AGED ABOUT 52 YEARS, RESIDING AT NO.15, 8^TH CROSS, VICTORIA LAYOUT, BENGALURU - 560 047.

…PETITIONER (BY SRI. MURTHY D. NAIK, SENIOR ADVOCATE FOR SRI. MAHENDRA G., ADVOCATE)

AND:

1. THE SUPERINTENDENT OF POLICE Digitally signed by CENTRAL BUREAU OF INVESTIGATION, ARUNKUMAR M S Location: HIGH ANTI CORRUPTION BRANCH, COURT OF KARNATAKA GANGANAGAR, BELLARY ROAD, BENGALURU - 560 032.

…RESPONDENT (BY SRI. PRASANNA KUMAR P., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT - CBI TO REGISTER AN FIR, BASED ON THE WRITTEN INFORMATION DATED 28.06.2021 AT ANNEXURE-A SUBMITTED BY THE PETITIONER TO THE RESPONDENT & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B-GROUP', THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

In this writ petition, the petitioner has sought for direction to the respondent - CBI to register FIR based on the written information dated 28.06.2021 (Annexure 'A'), submitted by the petitioner.

2. The relevant facts for adjudication of this writ petition are that, the petitioner and his mother are the joint owners of the immovable property measuring to an extent of 02.02 guntas in Survey No.74/1 and 74/3 of Horamavu Agara Village, K R Puram Hobli, Bangalore South Taluk. It is also stated that one of the developers namely, Mrs.Akshaya Builders, Developers and Promoters represented by one of its partners -Sri Arya Lohith Reddy approached the petitioner and his mother for developing the property jointly and as such the petitioner and his mother have entered into a Joint Development Agreement on 03.09.2012 with the developers. It is also further stated that, as per the Joint Development Agreement, the construction has to be made in the property wherein 74 flats have to be handed over to the owners- petitioners and the remaining 94 flats have to be handed over to the developer. It is further stated in the writ petition that, after the construction of the apartments, the aforementioned developer approached the petitioner and his mother to purchase 25 flats from their share. In this regard, it is stated that the aforementioned developer offered them ₹ 3,100/- per square feet and ₹. 2,00,000/- per car parking space. In this regard, it is the case of the petitioner that the aforementioned developer has forced the petitioner to open an Escrow account in Syndicate Bank (now merged with Canara Bank), Saunders Road Branch Bengaluru. It is further case of the petitioner that, the petitioners were induced to open the escrow account at the instance of the developer in connivance with the Manager of the Bank - Nazir and therefore, the Bank Officials, thereafter, refused to give information about the account opened at the instance of the aforementioned developer. It is also stated in the writ petition that the petitioners were able to get the account details through RTI, wherein a credit of ₹14,97,34,079/- out of which ₹8,81,38,803/- has been deposited as sale consideration paid by various purchasers of 17 flats from the share of the petitioner (Owners) Apartments. Thereafter, it is also stated that the aforementioned developer has misused the account of their company without notice to the petitioner and with an intention to avoid the payment of income tax for their business and therefore, the act of the aforementioned developer along with the Bank Manager namely, Mr. Nazir and other Bank Officials involved is said to be fraudulent transaction. Hence the petitioners have approached the RBI Banking Ombudsman on 15.03.2019. However, the Ombudsman by letter dated 11.02.2021 (Annexure 'C'), refused to interfere with the allegation made by the petitioner. Hence the petitioners have presented this writ petition, seekin