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2026 Supreme(Online)(Kar) 55995

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SUSHEEL MONDAL S/O JAVALLAL MONDAL – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRIMINAL PETITION NO.9738 OF 2021



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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.9738 OF 2021 BETWEEN:

1. SUSHEEL MONDAL S/O JAVALLAL MONDAL AGED ABOUT 47 YEARS R/AT NO.25, CENTRAL STREET LAKSHMI ROAD, 5TH CROSS SHANTHI NAGAR BENGALURU-560077

2. PROBIR MAJUMDAR S/O GOPALA MAJUMDAR AGED ABOUT 45 YEARS R/AT NO.56/1 GANIGARA A LINE NAGARTHPET Digitally signed by DEVIKA M BENGALURU-560002 Location: H IGH COURT OF 3. RANJITH SARKAR KARNATAKA S/O LATE HARINDRANATH SARKAR AGED ABOUT 46 YEARS R/AT NO.24, 5TH FLOOR GANIGARA A LINE NAGARTHPET BENGALURU-560002

4. CHITTA RANJAN GORAI @ ANJAN GURANG S/O LAKSHMINARAYAN GARAN AGED ABOUT 41 YEARS R/AT NO.24, 5TH FLOOR GANIGARA A LINE NAGARTHPET BENGALURU-560002

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5. CHINMAY SUR S/O LATE DARAPADASUR AGED ABOUT 53 YEARS R/AT NO.58/3-1, 1ST FLOOR, 7TH CORSS PIPELINE MAIN ROAD MALLESHWARAM BENGALURU-560003 6. BOLAI SHARMA S/O NITHAHIPAD SHARMA AGED ABOUT 43 YEARS R/AT NO.48/86, 2ND FLOOR ANUVAPPA MAIN ROAD THIGALARPET BENGALURU

7. TAPAS BAKSI S/O LATE GANGARAM BAKSHI AGED ABOUT 38 YEARS R/AT NO.24, GANIGARA C LINE 6TH FLOOR, NAGATHPET CROSS BENGALURU …PETITIONERS (BY SRI. RAKSHITH R., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY HALASOOR GATE POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU-01

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2. SOHIDUL MONDAL S/O FOJU MONDAL AGED ABOUT 41 YEARS R/AT NO.25

1ST MAIN ROAD GANGANAGAR KRISHNAPPA BLOCK R.T. NAGAR BENGALURU-560032 …RESPONDENTS (BY SRI. SUHAS GOWDA M.,HCGP FOR R1;

SRI. BASAWA PRASAD KUNALE &

SRI. SIVAMANITHAN, ADVOCATES FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 06.01.2020 PASSED BY THE 1ST A.C.M.M., AT BENGALURU IN C.C.NO.18663/2020 AND QUASH THE FURTHER PROCEEDINGS AGAINST THIS PETITIONERS IN C.C.NO.18663/2020 CR.NO.4/2020 OF HALSOORU GATE P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 120-B R/W SECTION 34 OF IPC, PENDING ON THE FILE OF THE 1ST ACMM AT BENGALURU AND ETC.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL ORDER

This petition is filed praying this Court to set aside the order dated 06.01.2020 passed in C.C.No.18663/2020 by the I ACMM, Bengaluru and to quash the further proceedings against this petitioners for the offences under Sections 120B and 506 read with Section 34 of IPC.

2. Heard the learned counsel appearing for the respective parties.

3. This petition is filed by accused Nos.1 to 7. The factual matrix of case is that petitioner No.1 and the complainant had a land dispute. In the year 2014, the complainant had filed a suit before the City Civil Court in O.S.No.6060/2014 and due to the differences between them, the complaint was also filed.

4. The case of the prosecution is that accused Nos.1 to

7 i.e., petitioners herein, have formed a Trust in the name and style of Sri Mahakaali Matha Seva Trust and the petitioners are the active members of the said Trust. It is contended that there was a plan to eliminate the complainant and in the said plan, conspired each other. Petitioner Nos.3 and 7 have instigated petitioner No.2 and also approached CW6 and 7 to engage them as supari killers to eliminate the complainant. This instance is said to have been recorded by CW6 on his mobile phone and it has been informed to the complainant by CW6. Saying so, the complainant has filed a complaint before the respondent police station and police have registered the case in NCR No.003/2020 and copy of the NCR is also produced as Annexure-A.

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5. Having registered the NCR, the requisition was given before the I ACMM, Bengaluru. The copy of the requisition is also produced as Annexure-B. The learned Magistrate of I ACMM Court, having considered the requisition, passed an order permitting the Investigating Officer to investigate the matter vide order dated 06.01.2020. The copy of the said order is also produced as An

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