IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO.25010 OF 2023 (GM-RES)

BETWEEN:

SHRI AMRIT PAUL-IPS S/O. SHRI NETRAM BANSAL AGED ABOUT 56 YEARS RESIDING AT NO.F-34 CHITRAKOOT, CENTURY APTS SAHAKARNAGAR BENGALURU - 560 092 …PETITIONER (BY SRI R. SWAROOP ANAND, ADVOCATE)

AND:

1. STATE BY HIGH GROUND P.S.

REPRESENTED BY H.C.G.P.

HIGH COURT OF KARNATAKA Digitally signed by LAKSHMINARAYAN BENGALURU - 560 001 N Location: High Court of Karnataka

2. MR. NARASIMHAMURTHY P.

AGED ABOUT 47 YEARS POLICE OFFICER DY. S.P., FIU, CID BENGALURU CITY - 560 001

3. THE DY. SUPERINTENDENT OF POLICE FIU DIVISION, CID, BENGALURU REPRESENTED BY S.P.P.

HIGH COURT OF KARNATAKA BENGALURU - 560 001

4. THE SUPERINTENDENT OF POLICE FIU-CID, BENGALURU REPRESENTED BY S.P.P.

HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENTS (BY SRI PRASANNA KUMAR P, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH IN SO FAR AS THE PETITIONER CONCERNED THE VARIOUS CHARGE SHEETS 7 CHARGE SHEETS (1 PRIMARY AND 6 ADDITIONAL) FILED BY THE RESPONDENT NOS.3 AND 4, BENGALURU IN RESPECT OF CRIME NO.60/2022 OF HIGH GROUNDS POLICE STATION, BENGALURU ARRAIGNING THE PETITIONER AS ACCUSED NO.35, AND IMPUTING HIM OF THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 36, 37, 119, 409, 420, 465, 468, 471, 201 READ WITH SECTION 34 OF IPC, SECTIONS 7(a) (c), 7A, 8 AND SECTION 13(1)(A) READ WITH SECTION 13(2) OF P/C ACT 1988 VIDE ANNEXURES-A, B, C, D, E, F AND G RESPECTIVELY AND ETC.

THIS WRIT PETITION IS COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

Petitioner who is arraigned as accused No.35 has filed this petition under Article 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against him in Spl.C.No.590/2023 on the file of XXIII Addl.City Civil and Sessions Judge, Bengaluru i.e., 1 primary and 6 additional charge sheets filed by respondent Nos.3 and 4 arising out of Cr.No.60/2022 of High grounds PS, for the offences punishable under Sections 120-B, 36, 37, 119, 409, 420, 465, 468, 471, 201 r/w Section 34 IPC and Sections 7(a) and (c), 8 and 13(1)(A) r/w 13(2) of Prevention of Corruption Act ('PC Act' for short).

2. For the sake of convenience, the parties are referred to by their ranks before the trial Court.

3. In support of the petition, accused No.35 has contended that the allegations in the charge sheet failed to show as to how actually accused No.35 conspired with the other accused. There is no evidence to show that accused No.35 is involved in conspiracy. Accused No.35 was not the only custodian of the keys of the Almirah, where the keys of kit box carrying OMR sheets were kept. CW-81 Smt.Sunitha Bai admitted of having another set of keys and she has left the keys of the kit box carrying OMR sheets in the Almirah using her own set of keys. As per the protocol, it was responsibility of CW-81 Smt.Sunitha Bai to check the seal of the Almirah and sign it as and when it was opened. No explanation is forthcoming anywhere in the charge sheet as to who has opened the Almirah to get the access to the kit box keys.

3.1 There is also statement of one Ismail to the effect that the Almirah keys were re-done since a set of keys were missing. There could be a chance that the said person has made more sets of keys and there was never a need for petitioner to get access to the Almirah keys.

3.2 Accused No.31 has stated that 7 - one time locks were seized from his possession and as such there was possibility of duplicate keys of the kit boxes as well. There is no material in the charge sheet to show that CW-81 Smt.Sunitha Bai was not involved in the conspiracy though she was maintaining a log book having had access to the Almirah. In any case there is no e