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2026 Supreme(Online)(Kar) 21965
THE HIGH COURT OF KARNATAKA
M.Nagaprasanna, J
Vinay Kesavan – Appellant
Versus
State of Karnataka – Respondent
CRL.P No. 2773 of 2026|CRL.P No. 14930 of 2025|CRL.P No. 14937 of 2025|CRL.P No. 14940 of 2025|CRL.P No. 15156 of 2025|CRL.P No. 657 of 2026|CRL.P No. 809 of 2026|CRL.P No. 821 of 2026|CRL.P No. 853 of 2026|CRL.P No. 854 of 2026|CRL.P No. 856 of 2026|CRL.P No. 868 of 2026|CRL.P No. 923 of 2026|CRL.P No. 946 of 2026|CRL.P No. 2485 of 2026|CRL.P No. 2494 of 2026
For the Appellants/Petitioners: Mahesh S., S. Sriranga, Harish Narasappa, Manjunatha H., Aditya Kasturkar
For the Respondents: B.N.Jagadeesha, Shridevi Bhosale, KO.Vijayakumar, Rosa Paramel, H. Vinod Kumar, S.D.Keshav Babhu, Sunil K.N., Amar Correa
The court declined to quash FIRs involving complex financial and contractual disputes at the initial stage, ruling that such matters necessitate full investigation. It directed the completion of the investigation within a fixed timeline and granted liberty to seek bail, to be determined on merits without prejudice.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita (BNSS) - Section 528 - Bharatiya Nyaya Sanhita (BNS) - Sections 316, 318, 190, 3, 351, 352, 129, 329, 344, 61 - Criminal Procedure - Quashing of First Information Report - Multiple petitions seeking quashment of FIRs alleging various offences by a company and its office bearers - Court declined to quash proceedings at initial stage, observing that allegations require thorough investigation - Directions issued for completion of investigation within a stipulated time frame, allowing petitioners to move for bail, which shall be considered on merits without prejudice from prior orders. (Paras 3, 4, 8, 9, 10)
Facts of the case:
Numerous petitions were filed seeking to quash criminal proceedings initiated against a company and its directors across various police stations. The allegations involved multi-layered financial disputes, failure to hand over possession of properties, and misappropriation of funds. Petitioners sought the scuttling of the FIRs, while the state submitted that the matters were under investigation.
Findings of Court:
The court observed that the nature of the allegations clearly indicated that the matters necessitated investigation by the police. Consequently, the court directed the investigating authorities to complete the investigation and file final reports within 12 weeks. Liberty was granted to petitioners to file regular bail applications, to be decided in accordance with law.
Issues: Whether the registration of multiple FIRs and institution of criminal proceedings against the petitioners ought to be quashed at the preliminary stage, and whether the scope of investigation warranted judicial intervention to curtail the process.
Ratio Decidendi: Where complaints disclose multiple allegations requiring factual inquiry and investigation, inherent powers under criminal procedure should not be utilized to quash proceedings prematurely. The court emphasized that the ongoing investigation must reach its logical conclusion, and bail applications should be considered objectively on merits, irrespective of past outcomes.
Result: Petitions disposed of with directions for completion of investigation within 12 weeks.
| Table of Content |
|---|
| 1. allegations of professional misconduct and criminal breach in real estate transactions requiring investigation. (Para 2 , 3) |
| 2. the court prioritizes completion of the investigation process over immediate quashing of criminal proceedings. (Para 4 , 5 , 6 , 7) |
| 3. court directs time-bound investigation and grants liberty to seek bail for the accused. (Para 8 , 9 , 10 , 11 , 12) |
IN CRL.P No. 2773/2026
BETWEEN:
SRI VINAY KESAVAN
S/O LATE PAKKUTTY
AGED ABOUT 46 YEARS
RESIDING AT NO. 12 INDRASREE
1ST FLOOR, 1ST MAIN ROAD
AMARJYOTHI LAYOUT
CHOLANAYAKANA HALLI
R.T.NAGAR, BENGALURU – 560 032.
…PETITIONER
(BY SRI MAHESH S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY RAMAMURTHY NAGAR POLICE STATION
NOW INVESTIGATION BY CRIME INVESTIGATION
DEPARTMENT (CID)
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNTAKA
BENGALURU – 560 032.
2. THIRUNAVUKARASU S.,
S/O LATE V.SHANKAR SWAMY
AGED ABOUT 77 YEARS
PLOT NO. 104, NAVA ATHITHI GRAND
APARTMENT, ASHIRVAD COLONY, HORAMAVU
MAIN, BENGALURU – 560 068.
…RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;
SMT. SHRIDEVI BHOSALE, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.528 BNSS PRAYING TO QUASH THE REGISTRATION OF FIR IN CRIME NO.699/2025 REGISTERED BY THE I RESPONDENT RAMAMURTHY NAGAR POLICE STATION, BENGALURU NOW BEING INVESTIGATED BY CID FOR THE OFFENCE P/U/S 316(2), 318(4) AND SEC.190 OF BNS PENDING ON THE FILE OF THE HON’BLE I ACJM AT BENGALURU AS AGAINST THE PETITIONER ARRAIGNED AS ACCUSED NO.11.
IN CRL.P NO. 14930/2025
BETWEEN:
MR. VIVEK KESHAVAN
S/O P A K KUTTY
AGE: 48 YEARS
OCCUPATION: DIRECTOR
C/O PAK KUTTY, B-1399
SANGAM VIHAR, DEVLI, SOUTH
DELHI, DELHI – 110 080.
...PETITIONER
(BY SRI S.SRIRANGA AND SRI HARISH NARASAPPA,
SENIOR ADVOCATES FOR
SRI MANJUNATHA H., ADVOCATE)
AND:
1. THE STATE THROUGH
SHO OF ELECTRONIC CITY POLICE STATION
ELECTRONIC CITY, BANGALORE
ITS REPRESENTED BY
SPP HIGH COURT OF KARNATAKA
PRINCIPAL BENCH AT BENGALURU – 560 001.
2. RUDRESH S. P.,
S/O S.R.PUTTAPPA
AGE: 39 YEARS
OCCUPATION: SOFTWARE ENGINEER
R/AT NO.103, 3RD FLOOR
SURYA SOLITAIRE APARTMENT
SARJAPURA MAIN ROAD
DODDAKANAHALLI
BENGALURU - 560 035.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;
SRI KO.VIJAYAKUMAR, ADVOCATE FOR R2;
SRI AMAR CORREA, ADVOCATE FOR IMPLEADING
APPLICANT ON IA 2/2025)
THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE FIR DTD 18.08.2025 REGISTERED IN CR.NO.309/2025 REGISTERED BY ELECTRONIC CITY P.S., BENGALURU, FOR THE ALLEGED OFFENCES P/U/S 316(2) AND 318(4) OF BNS, 2023, PENDING ON THE FILE OF THE CJM, BENGALURU RURAL DISTRICT, BENGALURU AGAINST THE ACCUSED NO.1/PETITIONER AND TO QUASH ALL FURTHER PROCEEDINGS ARISING THERE FROM AS AGAINST THE PETITIONER.
IN CRL.P NO. 14937/2025
BETWEEN:
1. MR. VIVEK KESHAVAN
S/O P A K KUTTY
AGE: 48 YEARS
OCCUPATION: DIRECTOR
C/O PAK KUTTY, B-1399
SANGAM VIHAR, DEVLI, SOUTH
DELHI, DELHI – 110 080.
2. MRS. ASWATHY VIVEK
W/O MR. VIVEK KESHAVAN
AGED ABOUT 41 YEARS
OCCUPATION: HOUSEWIFE
R/AT B-1399, SANGAM VIHAR,
DEVLI, SOUTH DELHI – 110.
...PETITIONERS
(BY SRI S.SRIRANGA AND SRI HARISH NARASAPPA,
SENIOR ADVOCATES FOR
SRI MANJUNATHA H., ADVOCATE)
AND:
1. THE STATE THROUGH
SHO OF RAMAMURTHYNAGAR POLICE STATION
BANASWADI SUB-DIVISION, BANGALORE
REPRESENTED BY ITS
SPP HIGH COURT OF KARNATAKA
PRINCIPAL BENCH AT BENGALURU – 560 001.
2. SATHISH KUMAR V.,
AGE: 27 YEARS
S/O G.VELU
OCCUPATION: SOFTWARE ENGINEER
R/AT A-3, 3RD FLOOR, SJP APARTMENT
5TH MAIN, 1ST CROSS, NRI LAYOUT
KALKERE MAIN ROAD, BENGALURU – 560 016.
...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1;
SRI KO.VIJAYAKUMAR, ADVOCATE FOR R2;
SRI AMAR CORREA, ADVOCATE FOR IMPLEADING
APPLICANT ON IA 2/2025)
THIS CRL.P IS FILED U/S.528 BNSS PRAYING TO QUASH THE FIR DATED 30.09.2025 RAMAMURTHY P.S., REGISTERED IN CRIME NO.658/2025 FOR THE OFFENCE P/US/ 318(4) AND 190
