Criminal investigations involving disputed facts should proceed to trial rather than being quashed prematurely. However, a person whose role is limited to acting as an attesting witness to a document cannot be prosecuted for the document's contents absent evidence of active participation in the underlying criminal act.

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF THE BNSS, 2023 PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.86/2025 ONE REGISTERED BY THE CENTRAL CRIME BRANCH, POLICE STATION, BENGALURU BASED UPON THE COMPLAINT ONE FILED BY THE RESPONDENT NO.2 AGAINST THE PETITIONERS HEREIN FOR THE ALLEGED OFFENCES P/U/S 45, 54, 61, 314, 318, 319, 324, 335, 336, 340, 341 AND 351 OF BNS, 2023, PENDING ON THE FILE OF I ACJM, BENGALURU CITY FOUND AT ANNEXURE-A AND A1 TO THE PETITION.

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

CAV ORDER

Both these petitions call in question registration of a solitary crime in Crime No.86 of 2025 in Criminal Petition No.15375 of 2025 filed by accused Nos. 1, 2 and 4 and Criminal Petition No.15351 of 2025 preferred by accused No.6.

2. Heard in both the petitions Sri Sunil S. Rao, learned counsel appearing for the petitioners, Sri Vinay Mahadevaiah, learned High Court Government Pleader appearing for respondent No.1 and Sri R. Swaroop Anand, learned counsel appearing for respondent No.2.

3. Facts, in brief, germane, are as follows: -

Accused No.4 founded a Trust for the purpose of charitable and educational purposes in the name and style of Abhyudaya Educational Trust. The initial life Trustees of the said Trust were accused No.1 and accused No.3 one Eshwar Prasad. It is the averment in the petition that clause 4 of the Trust deed empowers the author to appoint life trustees to the Trust. The said Trust deed dated 23-06-1990 comes to be registered on the same day and stood the test of time. After about 11 years, certain amendments come to be made to the Trust deed calling it as supplementary deed dated 03-08-2001 and several other amendments were carried out on 30-06-2007, 04-04-2013, 01-02-2016 and 17-04-2021. The Trust deed is said to have been reconstituted and one Karthik Krishna was appointed into the Trust on 03-08-2001. Thereafter, the daughter of accused No.1 and complainant Miss Kavya Krishna was appointed in the Trust as Trustee in the year 2013. Owing to certain disputes and alleged false declaration, the children were removed from the Trust and thereafter again after three years they were re-inducted. Again, owing to certain disputes between the two, the parties to the lis are before the civil Court in O.S.No.3144 of 2025, which is filed by accused No.1. The complainant has also filed a suit in O.S.No.7703 of 2025. A third suit is also preferred by the petitioners in O.S.No.5509 of 2025. During pendency of these civil suits emerges the subject crime by the complainant registering the complaint, alleging offences of forgery, conspiracy and breach of trust. The complaint becomes a crime in Crime No.86 of 2025 for the offences punishable under Sections 45 , 54, 61, 314, 318, 319, 324, 335, 336, 340, 341 and 351 of the BNS. Registration of crime and beginning of conduct of investigation, the petitioners in all these cases approach this Court in the subject petitions.

4. A coordinate Bench of this Court, on 11-11-2025, grants initially an interim order in Crl.P.No.15375 of 2025 and on the score that the interim order is subsisting in the companion petition, interim order is also granted in the other petition. The orders granting interim orders read as follows:

Interim order in Criminal Petition No.15375 of 2025:

“11-11-2025

(VIDEO CONFERENCING/PHYSICAL HEARING)

CORAM: HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL