IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10446 OF 2025 BETWEEN:

1. SMT. LALITHA S. NIMBARAGI W/O SHIVANADAN NIMBARAGI, AGED ABOUT 42 YEARS, R/AT NO.11-421/15/2, SAMATA COLONY MAIN ROAD, VIJAYNAGAR, BRHMAPUR, GULBARGA DISTRICT - 585 103.

2. SRI NAGARAJA @ NAGANNA @ SAMAGARA S/O BASANNA, AGED ABOUT 30 YEARS, RESIDING AT NO HILL, ATNURU VILLAGE, ABJALAPURA, Digitally signed KALABURGI -585 101.

by SHARADAVANI B

3. SRI. SATISH Location: High Court of S/O SHIVANAND S NIMBARAGI, Karnataka AGED ABOUT 23 YEARS, RESIDING AT NO.11-421/15/2, SAMATA COLONY MAIN ROAD, VIJAYNAGAR, BRHMAPUR, GULBARGA DISTRICT - 585 103.

4. SRI SHREEMANTH S/O PRABHULIG MADYAL, AGED ABOUT 30 YEARS, RESIDING AT HANUMAN CHOUK, HATHANURU VILLAGE AND POST, ABJALAPURA, KALABURGI - 585 301.

…PETITIONERS (BY SRI. ASHOKA T., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY BYADARAHALLI P.S.

BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

2. SMT. CHETHANA S/O SHIVARAYA, AGED ABOUT 35 YEARS, RESIDING AT NO.203, NEAR SOUTH ASIAN SCHOOL, NAVILUNAGAR, KARIHOBANAHALLI, BENGALURU CITY - 560 058.

…RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;

R2 - SERVED)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET DATED 15.11.2022 IN FIR NO.243/2021 IN CC.NO.16416/2024, FOR THE OFFENCES P/U/S 451, 380, 411 OF IPC, 1860, PENDING ON THE FILE OF CJM, AT BENGALURU.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioners seek the following reliefs:

"WHEREFORE, it is prayed that this Hon'ble court may be pleased to:

Quash the charge sheet dated 15.11.2022 for offences punishable Sec. 451, 380, 411 of IPC in FIR No.0243/2021 in C.C.No.16416/2024 pending on the file of Chief Judicial Magistrate at Bengaluru and pass any other order/s as it may deem fit to the facts and circumstances of the case in the interest of justice."

2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and perused the material on record. Respondent No. 2 - defacto complainant having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition.

3. A perusal of the material on record will indicate that respondent No.2 - defacto complainant filed the instant complaint against petitioners - accused Nos.1, 2, 4 and 5 as well as accused No.3 - Smt. Neelamma and accused No.6 - Sri. Shivaputra for the alleged offences punishable under Sections 406, 420 read with Section 34 of the IPC, on 30.06.2021, which was registered as an FIR in Crime No.243/2021 by respondent No.1 - the police authorities.

4. In pursuance of the same, the police authorities have filed a charge sheet which is pending in C.C.No.16416/2024 for the alleged offences punishable under Sections 451, 380 and 411 of the IPC, which is pending adjudication. Accused Nos.3 and 6 came before this Court in Criminal Petition No.3847/2025, which was allowed and the proceedings qua accused Nos.3 and 6 were quashed by this Court vide final order dated 30.06.2025, which is as under:

"In this petition, the petitioners seek the following reliefs:

“Quash the charge sheet dated 15.11.2022 for offence punishable Sec. 451, 380, 411 of IPC in FIR No.243/2021, C.C.No.16416/2014 pending on the file of Chief Judicial Magistrate at Bengaluru and pass any other order/s as it may deem fit to the facts and circumstances of the case in the interest of justice.”

2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.

3. Though respondent No.2 was served with notice of this petition, he has not chosen to contest the petition and has remained unrepresented.

4. A perusal of the material on record will indicate that respondent – Police registere