IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 9731 OF 2021 BETWEEN:

M/S ANUSHKA REALTY INC.

A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED ADDRESS AT NO.102, RAJ RESIDENCY-1 MAHAVIR NAGAR, DHANUKARWADI KANDIVALI WEST MAHARASHTRA-400067.

REPRESENTED BY ITS GENERAL POWER OF ATTORNEY M/S PURAVANKARA LIMITED (FORMERLY PURAVANKARA PROJECTS LTD.)

A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT

130/1, ULSOOR ROAD, BANGALORE-566043 Digitally REPRESENTED BY ITS AUTHORIZED SIGNATORY signed by HEMALATHA MR. NITHIN BHAT J …PETITIONER Location:

HIGH COURT (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR OF SRI. JOSEPH ANTHONY, ADVOCATE)

KARNATAKA AND:

1. STATE OF KARNATAKA BY BESCOM VIGILANCE WING INDIRANAGAR POLICE STATION BENGALURU-560043. 2. SRI. A. ATAULLA ASSISTANT EXECUTIVE ENGINEER (ELECTRICAL)

BESCOM VIGILANCE WING INDIRANAGAR POLICE STATION BENGALURU-560043.

…RESPONDENTS (BY SRI. MOHD. AYUB ALI, ADDL. STATE PUBLIC PROSECUTOR FOR RESPONDENT NO.1;

SRI. KRISHNA S., ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE FOR RESPONDENT NO.2)

THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE IMPUGNED COMPLAINT DATED NOVEMBER 17, 2021 (ANNEXURE-B) AND IMPUGNED FIR BEARING CRIME NO.228/2021 DATED NOVEMBER 17, 2021 (ANNEXURE-A) REGISTERED BY THE INDIRANAGAR BESCOM VIGILANCE P.S., AS WELL AS QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.228/2021 PENDING ON THE FILE OF THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged an FIR in Crime No.228/2021 by the respondent No.1 for the offences punishable under Section 135(e) of the Electricity Act, 2003, pending on the file of the Additional City Civil and Sessions Judge (CCH-71), Bengaluru.

2. (i) The petitioner is a developer of a multi-

dwelling residential apartment, where a 66/11 KV sub-station is installed to cater to the needs of the residents in the project. It is claimed that on information received that the fire-fighting equipments installed in the apartment was drawing electricity unauthorisedly, the installation was inspected on 17.11.2021 and it was found that the same were true. A mahazar was drawn on the same day and some electric meters used for allegedly drawing of the electricity unauthorisedly were seized. Following this, a case in Crime No.228/2021 was registered against the petitioner for offences punishable under Section

135(e) of the Electricity Act, 2003.

(ii) Being aggrieved by the FIR drawn against the petitioner, this petition is filed.

3. (i) The learned Senior counsel for the petitioner submitted that under Section 135(3) of the Electricity Act, 2003, a procedure is prescribed at the time of search of a place and the manner of seizure of equipments used for committing theft of electricity. He submits that the mahazar which is drawn by the respondents shows that the occupants of the apartment or the representative of the occupants of the apartment were not informed about the search and seizure and their signatures were not obtained on the mahazar. Likewise, he submits that the list of articles that were seized was also not handed over to the person in charge. Therefore, he submits that the entire procedure adopted by the respondents falls foul of Section 135 of the Electricity Act, 2003 and hence, vitiates the prosecution. Besides this, he contends that the Conditions of Supply of Electricity of Distribution Licenses in the State of Karnataka, which was notified on 17.06.2006, is issued under Section 16 of the Electricity Act, 2003 and therefore, has statutory flavour. He invited the attention of the Court to Clause No.42.06(e), which reads as follows:-

"42.06: Theft of Electricity (e) In case of