IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAVI V HOSMANI

CRIMINAL REVISION PETITION NO. 1062 OF 2025

BETWEEN:

SRI. SANJEEV KUMAR

S/O. LATE RAJU,

AGED ABOUT 45 YEARS,

R/A LAXMI GARDEN, THINDAL,

ERODE, R/O MELUR VILLAGE,

NILIGIRI POST, NILGIRIS,

TAMILNADU - 638 012.

…PETITIONER

[BY SRI PRAKASH GOKLANEY, ADVOCATE FOR

SRI RAMESHA C.N., ADVOCATE (PH)]

AND:

STATE BY TOWN POLICE STATION,

CHIKKABALLAPUR,

Digitally signed REP. BY STATE PUBLIC PROSECUTOR,

by ANUSHA V HIGH COURT OF KARNATAKA,

BENGALURU - 562 101.

Location: H igh

…RESPONDENT

Court of

Karnataka

[BY SMT. N. ANITHA GIRISH, HCGP (PH)]

THIS CRL.RP IS FILED U/S. 397 R/W 401 CR.P.C PRAYING TO

SET ASIDE THE ORDER DATED 02.04.2025 PASSED ON DISCHARGE APPLICATION IN CC NO.350/2019 ON THE FILE OF THE COURT OF THE PRL.SENIOR CIVIL JUDGE AND CJM AT CHIKKABALLAPURA AND ALLOW THE PETITION AND CONSEQUENTLY DISCHARGE THE PETITIONER FOR THE ALLEGED OFFENCES U/S 417, 406, 420 R/W

SECTION 34 OF IPC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

ORAL ORDER

Challenging order dated 02.04.2025 passed by Prl.Senior Civil Judge & CJM, Chikkaballapura, in C.C.no.350/2019, dismissing discharge application/petition, this revision petition is filed.

2. Sri Prakash Goklaney, learned counsel for petitioner submitted, on 02.05.2017, a complaint came to be registered against petitioner (Accused no.1) and BC Timmayya (Accused no.2) for offences punishable under Sections 417, 420, 406 read with Section 34 of IPC stating that with intention to make wrongful gain, they had contacted Sri Ashok Babu Pandit (complainant), who was trying to get medical seat for his daughter, introduced himself stating that for year 2016, a 'management quota' seat was available at Nitte University's Dr.K.S Hedge Medical College, Mangalore, for which he would be required to pay Rs.20 Lakhs, apart from yearly fee of Rs.7.5 Lakhs and inducing complainant to pay Rs.10 Lakhs twice to Accused no.2 on 24.08.2016 and 12.09.2016 through RTGS and thereafter accused no.1 calling complainant to attend counseling on 15.09.2016 and after attending same and finding medical seat was not allotted to his daughter, he realized that he was cheated etc. It was submitted, a case was registered as Crime no.120/2017 by Chikkaballapura Town Police Station and after investigation, charge-sheet was filed on 16.11.2018. 3. It was submitted, bare perusal of complaint as well as charge-sheet would only reveal allegation that accused no.1 introduced complainant to accused no.2. There is no allegation of accused no.1 receiving money or other benefit from complainant. Even during investigation, no evidence was collected against accused no.1 about making wrongful gain. Thus none of offences as alleged could be established against accused no.1. It was further submitted, there was not even bare allegation about mens rea in order to prosecute accused no.1 for offences punishable under Sections 417, 420, 406 of IPC. It was further submitted, only material witnesses for prosecution were, wife and daughter of complainant and not any independent witnesses. Said factors were sufficient for allowing discharge application and prayed for allowing revision petition.

4. On other hand, Smt.N Anitha, learned HCGP opposed revision petition. It was submitted, prosecution records would show that there were continuous calls by accused no.1 to complainant, inducing him to transfer money to account of accused no.2, indicating his involvement in commission of offences. Statement of CWs.2 and 3 would duly corroborate statement of complainant. Thus there was prima facie material to proceed against all accused. Hence, rejection of application by trial Court was justified and did not call for interference.

5. Heard learned counsel for petitioner and learned HCGP for respondent and perused impugned order.

6. This revision petition is against order rejecting application for di