IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE G. NARENDAR CRL. P. No.7969 of 2017 C/W.
CRL. P. No.8160 of 2017, CRL. P. No.8161 of 2017, CRL. P. No.8162 of 2017 & CRL. P. No.8163 of 2017 CRL. P. No.7969 of 2017 :
BETWEEN :
1. K. NARAYANASWAMY S/O. LATE KAPINAPPA AGED ABOUT 75 YEARS RETIRED JR. PLANNING OFFICER, B.E. FACTORY, (EX-PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. NO. 39 THIMMARAYASWAMY NILAYA 3RD CROSS, ANANDANAGARA 1ST BLOCK, RT NAGAR POST, BENGALURU – 560032.
2. M.P. RAJASHEKAR S/O. LATE PALLAPPA AGED ABOUT 65 YEARS JUNIOR SECTION OFFICER, B.E. FACTORY, (EX-VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 52, 1ST MAIN, 1ST CROSS, AMBEDKAR LAYOUT, VIJAYANAGAR, BENGALURU – 560023.
3. HONNAIAH S/O. LATE NARASHIMMAIAH AGED ABOUT 65 YEARS, JUNIOR SECTION OFFICER, B.E. FACTORY, (EX- VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 162, 7TH ‘A’ MAIN ROAD, NARASIPURA LAYOUT, VIDYARANYAPURA, BENGALURU – 560097.
4. C. LAKSHMANAN S/O. LATE CHINNAPPA AGED ABOUT 72 YEARS, RETIRED JOINT SECRETARY, B.E.L., (EX- DIRECTOR, BEACS) R/AT. # 82/2, 12TH MAIN, 4TH CROSS, SHIVANAGAR, RAJAJINAGAR, BENGALURU – 560010.
5. SMT. M. MANJULA W/O. D. RAMAIAH, AGED ABOUT 50 YEARS, SECRETARY, (BEACS), R/AT.#80, 7TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU – 560086.
6. S.R. NARASIMHA MURTHY S/O. LATE RANGAIAH AGED ABOUT 71 YEARS, RETIRED MECHANIC, BEL, (EX-PRESIDENT, DIRECTOR, BEACS) R/AT. NO.338, 3RD STAGE, 3RD BLOCK, 4TH ‘C’ CROSS, BASAVESHWARANAGAR, BENGALURU – 560079.
7. KENCHANNA S/O. LATE SHEERAPPA AGED ABOUT 73 YEARS, RETIRED OPERATOR, BEL, R/AT. # 40/9, MANJUNATH NILAYA (EX-DIRECTOR, BEACS) THINDLU VILLAGE, VIDYARANYAPURA POST, BENGALURU – 560079.
8. MUNIYAPPA S/O. LATE MUNISWAMAPPA AGED ABOUT 71 YEARS, RETIRED ASSISTANT MATERIAL MANAGER, BEL, (EX-DIRECTOR, BEACS) R/AT. #721, 11TH CROSS, MUTHALANAGAR, BENGALURU – 560054.
9. KARUNANIDHI S/O. LATE K.V. LOGANATHAN AGED ABOUT 68 YEARS, RETIRED SECTION OFFICER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 309, 7TH MAIN, 1ST BLOCK CROSS, HRBR LAYOUT, KALYAN NAGAR, BENGALURU – 560 013.
10. M. GOPAL S/O. LATE MURUGESH AGED ABOUT 73 YEARS, RETIRED CANTEEN HELPER, BEL (EX-DIRECTOR, BEACS), R/AT. # 409, BEL COLONY, JALAHALLI, BENGALURU-560013.
11. SMT. DEVI RAJASHEKAR W/O. LATE B.K. RAJASHEKAR AGED ABOUT 63 YEARS, SR. TECHNICAL ASSISTANT, BEL, (EX-DIRECTOR, BEACS), R/AT. # NA. 339, BEL COLONY, JALAHALLI, BENGALURU-560010.
12. MUNIKADIRAPPA S/O. LATE MUNISWAMAPPA AGED ABOUT 73 YEARS RET. PLANNER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 26, JALADHARSHINI LAYOUT, RAJMAHAL, II STAGE, BENGALURU – 560054.
(BY SRI M.R.C. MANOHAR, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY C.O.D., BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
2. D. PANDURANGAPPA DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES – I, BENGALURU URBAN DISTRICT, NO.146, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGLAURU – 560 003.
… PETITIONERS … RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR FOR R.1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALORE, IN CRL.R.P. NO.713 OF 2016 DATED 17.07.2017 CONFIRMING THE ORDER PASSED BY I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALORE, IN C.C. NO.18622 OF 2012 DATED 19.07.2016 REGISTERED BY JALAHALLI POLICE, BANGALORE, INVESTIGATED BY C.O.D. FOR THE OFFENCES PUNISHABLE UNDER SECTION 409 READ WITH 34 OF I.P.C. AND DISCHARGE THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOS.1, 2, 4 TO 11 AND 13.
CRL. P. No.8160 of 2017 :
BETWEEN :
1. C. LAKSHMANAN S/O. LATE CHINNAPPA AGED ABOUT 71 YEARS, RETIRED JOINT SECRETARY, B.E.L., (EX- DIRECTOR, BEACS) R/AT. # 82/2, 12TH MAIN, 4TH CROSS, SHIVANAGAR, RAJAJINAGAR, BENGALURU – 560010.
2. S.R. NARASIMHA MURTHY S/O. LATE RANGAIAH AGED ABOUT 71 YEARS, RETIRED MECHANIC, BEL, (EX-PRESIDENT, DIRECTOR, BEACS) R/AT. NO.338, 3RD STAGE, 3RD BLOCK, 4TH ‘C’ CROSS, BASAVESHWARANAGAR, BENGALURU – 560079.
3. SMT. M. MANJULA W/O. D. RAMAIAH, AGED ABOUT 50 YEARS, SECRETARY, (BEACS), R/AT.#80, 7TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU – 560086.
4. M.P. RAJASHEKAR S/O. LATE PALLAPPA AGED ABOUT 65 YEARS JUNIOR SECTION OFFICER, B.E. FACTORY, (EX-VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 52, 1ST MAIN, 1ST CROSS, AMBEDKAR LAYOUT, VIJAYANAGAR, BENGALURU – 560023.
5. K. NARAYANASWAMY S/O. LATE KAPINAPPA AGED ABOUT 75 YEARS RETIRED JUNIOR PLANNING OFFICER, B.E. FACTORY, (EX-PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. NO. 39 THIMMARAYASWAMY NILAYA 3RD CROSS, ANANDANAGARA 1ST BLOCK, RT NAGAR POST, BENGALURU – 560032.
6. KENCHANNA S/O. LATE SHEERAPPA AGED ABOUT 73 YEARS, RETIRED OPERATOR, BEL, R/AT. # 40/9, MANJUNATH NILAYA (EX-DIRECTOR, BEACS) THINDLU VILLAGE, VIDYARANYAPURA POST, BENGALURU – 560079.
7. MUNIYAPPA S/O. LATE MUNISWAMAPPA AGED ABOUT 71 YEARS, RETIRED ASSISTANT MATERIAL MANAGER, BEL, (EX-DIRECTOR, BEACS) R/AT. #721, 11TH CROSS, MUTHALANAGAR, BENGALURU – 560054.
8. KARUNANIDHI S/O. LATE K.V. LOGANATHAN AGED ABOUT 68 YEARS, RETIRED SECTION OFFICER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 309, 7TH MAIN, 1ST BLOCK CROSS, HRBR LAYOUT, KALYAN NAGAR, BENGALURU – 560 013.
9. M. GOPAL S/O. LATE MURUGESH AGED ABOUT 73 YEARS, RETIRED CANTEEN HELPER, BEL (EX-DIRECTOR, BEACS), R/AT. # 409, BEL COLONY, JALAHALLI, BENGALURU-560013.
10. HONNAIAH S/O. LATE NARASHIMMAIAH AGED ABOUT 65 YEARS, JUNIOR SECTION OFFICER, B.E. FACTORY, (EX- VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 162, 7TH ‘A’ MAIN ROAD, NARASIPURA LAYOUT, VIDYARANYAPURA, BENGALURU – 560097.
11. SMT. DEVI RAJASHEKAR W/O. LATE B.K. RAJASHEKAR AGED ABOUT 63 YEARS, SR. TECHNICAL ASSISTANT, BEL, (EX-DIRECTOR, BEACS), R/AT. # NA. 339, BEL COLONY, JALAHALLI, BENGALURU-560013.
12. MUNIKADIRAPPA S/O. LATE MUNISWAMAPPA AGED ABOUT 72 YEARS RET. PLANNER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 26, JALADHARSHINI LAYOUT, RAJMAHAL, II STAGE, BENGALURU – 560054.
… PETITIONERS (BY SRI M.R.C. MANOHAR, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY C.O.D., BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
2. D. PANDURANGAPPA DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES – I, BENGALURU URBAN DISTRICT, NO.146, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGLAURU – 560 003.
… RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR FOR R.1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALORE, IN CRL.R.P. NO.714 OF 2016 DATED 17.07.2017 CONFIRMING THE ORDER PASSED BY I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALORE, IN C.C. NO.19681 OF 2012 DATED 19.07.2016 REGISTERED BY JALAHALLI POLICE, BANGALORE, INVESTIGATED BY C.O.D. FOR THE OFFENCES PUNISHABLE UNDER SECTION 409 READ WITH 34 OF I.P.C. AND DISCHARGE THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOS.1, 2, 4 TO 10, 12 AND 14.
CRL. P. No.8161 of 2017 :
BETWEEN :
1. C. LAKSHMANAN S/O. LATE CHINNAPPA AGED ABOUT 71 YEARS, RETIRED JOINT SECRETARY, B.E.L., (EX-DIRECTOR, BEACS) R/AT. # 82/2, 12TH MAIN, 4TH CROSS, SHIVANAGAR, RAJAJINAGAR, BENGALURU – 560010.
2. S.R. NARASIMHA MURTHY S/O. LATE RANGAIAH AGED ABOUT 71 YEARS, RETIRED MECHANIC, BEL, (EX-PRESIDENT, DIRECTOR, BEACS) R/AT. NO.338, 3RD STAGE, 3RD BLOCK, 4TH ‘C’ CROSS, BASAVESHWARANAGAR, BENGALURU – 560079.
3. SMT. M. MANJULA W/O. D. RAMAIAH, AGED ABOUT 50 YEARS, SECRETARY, (BEACS), R/AT.#80, 7TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU – 560086.
4. M.P. RAJASHEKAR S/O. LATE PALLAPPA AGED ABOUT 65 YEARS JUNIOR SECTION OFFICER, B.E. FACTORY, (EX-VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 52, 1ST MAIN, 1ST CROSS, AMBEDKAR LAYOUT, VIJAYANAGAR, BENGALURU – 560023.
5. K. NARAYANASWAMY S/O. LATE KAPINAPPA AGED ABOUT 75 YEARS RETIRED JUNIOR PLANNING OFFICER, B.E. FACTORY, (EX-PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. NO. 39 THIMMARAYASWAMY NILAYA 3RD CROSS, ANANDANAGARA 1ST BLOCK, RT NAGAR POST, BENGALURU – 560032.
6. KENCHANNA S/O. LATE SHEERAPPA AGED ABOUT 73 YEARS, RETIRED OPERATOR, BEL, R/AT. # 40/9, MANJUNATH NILAYA (EX-DIRECTOR, BEACS) THINDLU VILLAGE, VIDYARANYAPURA POST, BENGALURU – 560079.
7. MUNIYAPPA S/O. LATE MUNISWAMAPPA AGED ABOUT 71 YEARS, RETIRED ASSISTANT MATERIAL MANAGER, BEL, (EX-DIRECTOR, BEACS) R/AT. #721, 11TH CROSS, MUTHALANAGAR, BENGALURU – 560054.
8. KARUNANIDHI S/O. LATE K.V. LOGANATHAN AGED ABOUT 68 YEARS, RETIRED SECTION OFFICER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 309, 7TH MAIN, 1ST BLOCK CROSS, HRBR LAYOUT, KALYAN NAGAR, BENGALURU – 560 013.
9. M. GOPAL S/O. LATE MURUGESH AGED ABOUT 73 YEARS, RETIRED CANTEEN HELPER, BEL (EX-DIRECTOR, BEACS), R/AT. # 409, BEL COLONY, JALAHALLI, BENGALURU-560013.
10. HONNAIAH S/O. LATE NARASHIMMAIAH AGED ABOUT 65 YEARS, JUNIOR SECTION OFFICER, B.E. FACTORY, (EX-VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 162, 7TH ‘A’ MAIN ROAD, NARASIPURA LAYOUT, VIDYARANYAPURA, BENGALURU – 560097.
11. SMT. DEVI RAJASHEKAR W/O. LATE B.K. RAJASHEKAR AGED ABOUT 63 YEARS, SR. TECHNICAL ASSISTANT, BEL, (EX-DIRECTOR, BEACS), R/AT. # NA. 339, BEL COLONY, JALAHALLI, BENGALURU-560013.
12. MUNIKADIRAPPA S/O. LATE MUNISWAMAPPA AGED ABOUT 72 YEARS RET. PLANNER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 26, JALADHARSHINI LAYOUT, RAJMAHAL, II STAGE, BENGALURU – 560054.
… PETITIONERS (BY SRI M.R.C. MANOHAR, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY C.O.D., BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
2. D. PANDURANGAPPA DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES – I, BENGALURU URBAN DISTRICT, NO.146, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGLAURU – 560 003.
… RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR FOR R.1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALORE, IN CRL.R.P. NO.715 OF 2016 DATED 17.07.2017 CONFIRMING THE ORDER PASSED BY I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALORE, IN C.C. NO.19682 OF 2012 DATED 19.07.2016 REGISTERED BY JALAHALLI POLICE, BANGALORE, INVESTIGATED BY C.O.D. FOR THE OFFENCES PUNISHABLE UNDER SECTION 409 READ WITH 34 OF I.P.C. AND DISCHARGE THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOS.1, 2, 4 TO 10, 12 AND 14.
CRL. P. No.8162 of 2017 :
BETWEEN :
1. C. LAKSHMANAN S/O. LATE CHINNAPPA AGED ABOUT 72 YEARS, RETIRED JOINT SECRETARY, B.E.L., (EX- DIRECTOR, BEACS) R/AT. # 82/2, 12TH MAIN, 4TH CROSS, SHIVANAGAR, RAJAJINAGAR, BENGALURU – 560010.
2. SMT. DEVI RAJASHEKAR W/O. LATE B.K. RAJASHEKAR AGED ABOUT 64 YEARS, SR. TECHNICAL ASSISTANT, BEL, (EX-DIRECTOR, BEACS), R/AT. # NA. 339, BEL COLONY, JALAHALLI, BENGALURU-560010.
3. SMT. M. MANJULA W/O. D. RAMAIAH, AGED ABOUT 50 YEARS, SECRETARY, (BEACS), R/AT.#80, 7TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU – 560086.
4. S.R. NARASIMHA MURTHY S/O. LATE RANGAIAH AGED ABOUT 71 YEARS, RETIRED MECHANIC, BEL, (EX-PRESIDENT, DIRECTOR, BEACS) R/AT. NO.338, 3RD STAGE, 3RD BLOCK, 4TH ‘C’ CROSS, BASAVESHWARANAGAR, BENGALURU – 560079.
5. K. NARAYANASWAMY S/O. LATE KAPINAPPA AGED ABOUT 75 YEARS RETIRED JUNIOR PLANNING OFFICER, B.E. FACTORY, (EX-PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. NO. 39 THIMMARAYASWAMY NILAYA 3RD CROSS, ANANDANAGARA 1ST BLOCK, RT NAGAR POST, BENGALURU – 560032.
6. SMT. PARVATHI SUBRAMANYAM W/O. SUBRAMAYAM JUNIOR PURCHASING OFFICER (EX. DIRECTOR, BEACS) R/AT. 39/1, 5TH MAIN ROAD 6TH CROSS, KRISHNAPPA BLOCK GANGANAGAR BENGALURU – 560 032.
7. R. RAJASHEKAR S/O. LATE M. RAJU AGED ABOUT 63 YEARS CANTEEN OFFICER, BEL (EX. DIRECTOR, BEACS), R/AT. AN #39. BEL COLONY, JALAHALLI BENGALURU – 560 013.
8. KRISHNAPPA S/O. LATE PUJAPPA AGED ABOUT 75, RETD. PLANNER BEL (EX.DIRECTOR, BEACS) R/AT. AN #39. BEL COLONY, JALAHALLI BENGALURU – 560 013.
9. M.P. RAJASHEKAR S/O. LATE PALLAPPA AGED ABOUT 65 YEARS JUNIOR SECTION OFFICER, B.E. FACTORY, (EX-VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 52, 1ST MAIN, 1ST CROSS, AMBEDKAR LAYOUT, VIJAYANAGAR, BENGALURU – 560023.
10. KENCHANNA S/O. LATE SHEERAPPA AGED ABOUT 66 YEARS, RETIRED OPERATOR, BEL, R/AT. # 40/9, MANJUNATH NILAYA (EX-DIRECTOR, BEACS) THINDLU VILLAGE, VIDYARANYAPURA POST, BENGALURU – 560079.
11. PARANDHAMAN, S/O. KRISHNA MURTHY AGED ABOUT 72 YEARS, RETIRED JUNIOR SECTION OFFICER, BEL, (EX-DIRECTOR, BEACS), R/AT. # 40, RAMACHANDRA MUDALIAR STREET MURPHY TOWN, ULSOOR BENGALURU – 560 008.
(BY SRI M.R.C. MANOHAR, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY C.O.D., BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
2. D. PANDURANGAPPA DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES – I, BENGALURU URBAN DISTRICT, NO.146, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGLAURU – 560 003.
… PETITIONERS … RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR FOR R.1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALORE, IN CRL.R.P. NO.716 OF 2016 DATED 17.07.2017 CONFIRMING THE ORDER PASSED BY I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALORE, IN C.C. NO.19683 OF 2012 DATED 19.07.2016 REGISTERED BY JALAHALLI POLICE, BANGALORE, INVESTIGATED BY C.O.D. FOR THE OFFENCES PUNISHABLE UNDER SECTION 409 READ WITH 34 OF I.P.C. AND DISCHARGE THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOS.1, 2, 4 TO 11, AND 13.
CRL. P. No.8163 of 2017 :
BETWEEN :
1. C. LAKSHMANAN S/O. LATE CHINNAPPA AGED ABOUT 72 YEARS, RETIRED JOINT SECRETARY, B.E.L., (EX- DIRECTOR, BEACS) R/AT. # 82/2, 12TH MAIN, 4TH CROSS, SHIVANAGAR, RAJAJINAGAR, BENGALURU – 560010.
2. SMT. DEVI RAJASHEKAR W/O. LATE B.K. RAJASHEKAR AGED ABOUT 64 YEARS, SR. TECHNICAL ASSISTANT, BEL, (EX-DIRECTOR, BEACS), R/AT. # NA. 339, BEL COLONY, JALAHALLI, BENGALURU-560013.
3. SMT. M. MANJULA W/O. D. RAMAIAH, AGED ABOUT 50 YEARS, SECRETARY, (BEACS), R/AT.#80, 7TH MAIN ROAD, MAHALAKSHMI LAYOUT, BENGALURU – 560086.
4. S.R. NARASIMHA MURTHY S/O. LATE RANGAIAH AGED ABOUT 71 YEARS, RETIRED MECHANIC, BEL, (EX-PRESIDENT, DIRECTOR, BEACS) R/AT. NO.338, 3RD STAGE, 3RD BLOCK, 4TH ‘C’ CROSS, BASAVESHWARANAGAR, BENGALURU – 560079.
5. K. NARAYANASWAMY S/O. LATE KAPINAPPA AGED ABOUT 75 YEARS RETIRED JUNIOR PLANNING OFFICER, B.E. FACTORY, (EX-PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. NO. 39 THIMMARAYASWAMY NILAYA 3RD CROSS, ANANDANAGARA 1ST BLOCK, RT NAGAR POST, BENGALURU – 560032.
6. SMT. PARVATHI SUBRAMANYAM W/O. SUBRAMANYAM AGED ABOUT 65 YEARS, JR. PURCHASING OFFICER (EX.DIRECTOR, BEACS) R/AT NO.39/1, 5TH MAIN ROAD 6TH CROSS, KRISHNAPPA BLOCK GANGANAGAR BENGALURU – 560032.
7. R. RAJASHEKAR S/O. LATE M. RAJU AGED ABOUT 62 YEARS CANTEEN OFFICER, BEL, (EX. DIRECTOR, BEACS) R/AT NO. 39, BEL COLONY JALAHALLI BENGALURU – 560 013.
8. KRISHNAPPA S/O. LATE PUJAPPA AGED ABOUT 75, RETD. PLANNER BEL (EX. DIRECTOR, BEACS) R/AT. AN#39, BEL COLONY, JALAHALLI BENGALURU – 560 013.
9. M.P. RAJASHEKAR S/O. LATE PALLAPPA AGED ABOUT 65 YEARS JUNIOR SECTION OFFICER, B.E. FACTORY, (EX-VICE PRESIDENT B.E.
DR. AMBEDKAR CO-OPERATIVE SOCIETY) R/AT. # 52, 1ST MAIN, 1ST CROSS, AMBEDKAR LAYOUT, VIJAYANAGAR, BENGALURU – 560 023.
10. KENCHANNA AGED ABOUT 66 YEARS S/O. LATE SHEERAPPA RETD. OPERATOR, BEL R/AT. #40/9, MANJUNATH NILAYA, (EX.DIRECTOR, BEACS) THINDLU VILLAGE VIDYARANYAPURA POST BENGALURU – 560 079.
11. PARANDHAMAN AGED ABOUT 72 YEARS S/O. KRISHNA MURTHY RETD. JUNIOR SECTION OFFICER BEL, (EX.DIRECTOR, BEACS) R/AT. #40, RAMACHANDRA MUDALIAR STREET, MURPHY TOWN, ULSOOR BENGALURU – 560 008.
… PETITIONERS (BY SRI M.R.C. MANOHAR, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY C.O.D., BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
2. D. PANDURANGAPPA DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES – I, BENGALURU URBAN DISTRICT, NO.146, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGLAURU – 560 003.
… RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDITIONAL STATE PUBLIC PROSECUTOR FOR R.1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALORE, IN CRL.R.P. NO.717 OF 2016 DATED 17.07.2017 CONFIRMING THE ORDER PASSED BY I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALORE, IN C.C. NO.19684 OF 2012 DATED 19.07.2016 REGISTERED BY JALAHALLI POLICE, BANGALORE, INVESTIGATED BY C.O.D. FOR THE OFFENCES PUNISHABLE UNDER SECTION 409 READ WITH 34 OF I.P.C. AND DISCHARGE THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOS.1, 2, 4 TO 11 AND 13.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING :
ORDER Heard the learned counsel for the petitioners and the learned Additional SPP for respondent No.1.
2. Though the petitions pertain to different co- operative years, the allegations made against the parties are one and the same.
3. The petitioners are arrayed as accused in C.C.Nos. 18622/2012, 19681/2012, 19682/2012, 19683/2012 and 19684/2012 on the file of the I Additional Chief Metropolitan Magistrate, at Bengaluru.
4. The petitioners are aggrieved by the orders dated 19.07.2016 passed by the trial Court on the applications preferred by them under Section 239 of Cr.P.C., praying for discharge on the premise that the charge sheet laid by the prosecution against them does not disclose the commission of any offence. It is further contended that the Society has been progressing and making profits and no loss has been suffered on account of the allegation of misappropriation and hence the petitioners are entitled to be discharged from the case.
5. The trial Court after hearing the prosecution and the petitioners has taken note of the fact that the Deputy Registrar of Co-operative Societies – an authority under the Co-operative Societies Act, had initiated proceedings under Section 64 of the Karnataka Co-operative Societies Act, 1959, and on obtaining the report and after verification of the records submitted by the Enquiry Officer has proceeded to lodge a criminal case under the Act.
6. It is contended by the learned counsel for the petitioners that the said report has subsequently been set aside by the appellate authority. That, apart from two minor issues, all other issues have been resolved and there is no question of misappropriation as alleged. He further pointed out, even as per the statement made by C.W.2 – retired Co-operative Development Officer and C.W.14 – an auditor with the Criminal Investigation Department which forms part of the charge sheet, the said witnesses have completely absolved the petitioners of any wrong doing and have clearly stated that the earlier statements recorded under Section 161 were under a mistaken impression and without reference to records.
7. Assuming the same to be true, the petition under Section 482 seeking for discharge of the same cannot be the basis and it is for the petitioners to take advantage of the same during the trial. The matter involves adjudication of factual issues, which can be demonstrated and appreciated only after a full-fledged trial. Both the trial court and the revisional court have concurrently held against the petitioners. It is lastly argued by the learned counsel that even if all the material on record is taken, ingredients of Section 409 are not made out. The same involves appreciation of material on record and cannot be interpreted at the present stage.
8. In view of the above discussion, I do not find any material in the petitions. Accordingly, petitions stand dismissed.
The trial court shall consider the matters on merits, independently and uninfluenced by the observations made by this Court.
Sd/- JUDGE Mgn/-