1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

CRIMINAL PETITION No.8135 OF 2018

BETWEEN:

1.

SRI CHANDER RAJAGOPAL

S/O LATE RAJAGOPALAN,

AGED ABOUT 58 YEARS

R/O. NO. AG-16 MAY FLOWER,

BRIGADE MILLENNIUM,

J.P. NAGAR, VII PHASE,

BENGALURU - 560 076.

2.

SRI. GAUTAM JANARDHAN

S/O. P JANARDHAN,

CEO JENESYS TECHNOLOGIES,

AGED ABOUT 47 YEARS

HAVING OFFICE AT NO. 45/A,

4^TH FLOOR, GREEN ARCH,

1^ST MAIN, J.P.NAGAR,

III PHASE, BENGALURU - 560 078.

... PETITIONERS

(BY SRI VIJETHA R.NAIK, ADVOCATE (PHYSICAL

HEARING))

AND:

1.

STATE OF KARNATAKA

BY INDIRANAGAR POLICE STATION,

BENGALURU,

REPRESENTED BY THE

STATE PUBLIC PROSECUTOR,

2

HIGH COURT OF KARNATAKA,

HIGH COURT BUILDING,

BENGALURU - 560 001.

2.

FIRE PRO SYSTEMS P. LTD.,

REGISTERED OFFICE,

100 FEET ROAD,

HAL II STAGE, INDRANAGAR,

BENGALURU 560008.

REPRESENTED BY VIJAY KUMAR.

... RESPONDENTS

(BY SMT.NAMITHA MAHESH B.G., AGA FOR R1 (PHYSICAL

HEARING);

SRI BIBHAS V.KITTUR, ADVOCATE FOR R2 (VIDEO

CONFERENCING))

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C., A.QUASH THE FIR IN CRIME NO.356/2011, REGISTERED

BY THE INDIRANAGAR POLICE AGAINST THE PETITIONERS FOR

THE OFFENCES P/U/S 408 OF IPC AND 72 AND 72A OF

INFORMATION TECHNOLOGY ACT.

B.QUASH THE PROTEST PETITION DATED 22.10.2016, FILED

BY THE RESPONDENT NO.2 HEREIN IN CRIME NO.356/2011.

C.QUASH THE ORDER DATED 31.07.2018, PASSED BY THE

LEARNED

I

ACMM,

BANGALORE

IN

CRIME

NO.356/2011,

REJECTING THE 'B' REPORT AND DIRECTING THE OFFICE TO

REGISTER CRIMINAL CASE AGAINST THE PETITIONERS FOR NO

OFFENCES.

D.QUASH THE CRIMINAL CASE NO.21975/2018, PENDING ON

THE FILE OF THE LEARNED I ACMM, BANGALORE.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 30.11.2021, COMING ON FOR

PRONOUNCEMENT

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING :-

3

ORDER

The petitioners are before this Court seeking the following

prayer:

“WHEREFORE, the petitioners most humbly pray that

this Hon’ble Court may be pleased to:

(a)

Quash the FIR in Crime No.356/2011 registered

by the Indiranagar Police against the petitioners

for offences punishable under Sections 408 of

IPC and 72 and 72A of Information Technology

Act;

(b)

Quash the protest petition dated 22-10-2016

filed by the respondent No.2 herein in Crime

No.356 of 2011;

(c)

Quash the order dated 31-07-2018 passed by

the learned I Additional Chief Metropolitan

Magistrate, Bengaluru in Crime No.356/2011

rejecting the ‘B’ report and directing the office to

register Criminal Case against the petitioners for

no offences;

(d)

This Honourable Court be pleased to quash the

Criminal Case No.21975 of 2018 pending on the

file of the learned I Additional Chief Metropolitan

Magistrate, Bengaluru.

(e)

Grant such other relief or reliefs as this Hon’ble

Court deems in the facts and circumstances of

the case, in interest of justice and equity."

4

2. Heard Smt. Vijetha R.Naik, learned counsel for the

petitioners, Smt. Namitha Mahesh.B.G., learned Additional

Government Advocate for respondent No.1 and Sri Bibhas

V.Kittur, learned counsel for respondent No.2.

3. Brief facts leading to the filing of the present criminal

petition, as borne out from the pleadings, are as follows:

The petitioners are accused 1 and 3 in Crime No.356 of

2011 which has now become C.C.No.21975 of 2018. 1^st

petitioner was in service of one Fire Pro Systems Private Limited

(hereinafter referred to as the ‘Company’ for short) and is the

General Manager of a unit named BoltZ, which was a Home

Intelligence division of the Company. One Channayya, an

employee of the Company was discharging his duties as Senior

Executive in Boltz. 2^nd petitioner was working in a company

called Jenesys Technologies which is the