Reserved on : 30.01.2026 Pronounced on : 27.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.202 OF 2024 BETWEEN:

1 . SRI S.SHIVAKUMAR S/O SRI SIDDALINGAPPA AGED ABOUT 53 YEARS.

2 . SMT.H.GIRIJA W/O SRI SHIVAKUMAR AGED ABOUT 46 YEARS.

BOTH ARE RESIDING AT NO.193/4, HARSHA HOSPITAL CAMPUS, NELAMANGALA BYPASS, NH 4, NELAMANGALA, BENGALURU RURAL – 562 123.

... PETITIONERS (BY SRI SANDESH J.CHOUTA, SR. ADVOCATE A/W SRI T. KRISHNA, ADVOCATE)

AND:

1 . G.H.PRAKASH NO.5971, S.M.T NILAYA, GOVINDAPPA LAYOUT, SHUBHASH NAGAR, NELAMANGALA, BENGALURU – 562 123.

2 . SUNANDA W/O LATE H.SHIVAKUMAR

3 . S.MANJUNATH S/O LATE H.SHIVAKUMAR

4 . S.PAVITHRA D/O LATE H.SHIVAKUMAR RESPONDENTS 2 TO 4 RESIDING AT NO.5743, BEHIND PWD QUARTERS SHUBHASH NAGAR NELAMANGALA BENGALURU – 562 123.

5 . STATE OF KARNATAKA THROUGH THE INSPECTOR OF POLICE NELAMANGALA TOWN POLICE STATION BENGALURU – 562 123 REPRESENTED BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDINGS, BENGALURU – 560 001.

... RESPONDENTS (BY SRI A.VELAN, ADVOCATE FOR R-1 TO R-4;

SRI K.NAGESHWARAPPA, HCGP FOR R-5)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.331/2023 REGISTERED BY NELAMANAGALA TOWN POLICE STATION FOR THE OFFENCES P/U/S.403, 405, 415, 441, 464, 468, 471, 420, 149 OF IPC PRODUCED HEREWITH AS ANNEXURE A PENDING ON THE FILE OF THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC NELAMANGALA, BENGALURU RURAL ALLOW THIS CRIMINAL PETITION WITH COSTS THROUGHOUT.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 30.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners are before this Court calling in question registration of a crime in Crime No.331 of 2023 registered for offences punishable under Sections 403, 405, 415, 441, 464, 468, 471, 420 and 149 of the IPC.

2. Heard Sri Sandesh J. Chouta, learned senior counsel appearing for the petitioners, Sri A.Velan, learned counsel appearing for respondents 1 to 4 and Sri K.Nageshwarappa, learned High Court Government Pleader appearing for respondent No.5.

3. Brief facts, germane, are as follows:

3.1. The 1^st respondent and one late H.Shivakumar along with the petitioners establish a partnership firm and a hospital in the name and style of M/s Harsha Hospital on 16-01-2004. 1^st petitioner is the founder trustee of the Trust – Sri Srinivasa Charitable Trust and the 1^st respondent and late H. Shivakumar were also the trustees who were removed as trustees with effect from 12-12-2006 from the Trust which runs several educational institutions under the name and style of Harsha Group of Institutions. The allegation was that respondents 1 to 4 are said to have interfered with the administration and management of the trust allegedly, notwithstanding they being ousted as trustees 7 years ago. This necessitated the petitioners to approach the civil Court in O.S.No.185 of 2017 seeking injunction against the respondents from interfering with the administration and management of the Trust. On 25-11-2017, as a counterblast to the said suit, an application is made under Section 92 of the CPC in the said suit seeking an inquiry into the affairs of the Trust and to convert the suit into a Scheme suit. The civil Court rejects the said application in terms of its order dated 25-11-2017. The said order is said to have become final.

3.2. Sri H. Shiva Kumar who was the partner of the firm and a Trustee dies in the year 2019. The respondents 2 to 4 are the wife and children of the deceased Sri H. Shiva Kumar. The respondents are said to have instituted a civil miscellaneous petition owing to the projection of rights and dispute between the partners in C.M.P. No.202 of 2023 seeking appointment of an Arbitrator to adjudicate certain dispute between the partners of the firm and M/s Harsha Hospital. Notwithstanding the sa