IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6097 OF 2016 BETWEEN:
1. SMT. KASTOORI AGED ABOUT 63 YEARS, W/O. DR. G. KRISHNA REDDY, R/AT NO. 748, 18TH "A" MAIN, 6TH BLOCK, KORAMANGALA, BANGALORE-560 095.
2. H.R. RAVICHANDRA AGED ABOUT 45 YEARS, S/O. LATE R. RAJASHEKAR REDDY, RESIDING AT NO.551, 16TH "A" MAIN, 3RD BLOCK, KORAMANGALA, BANGALORE-560 034. ... PETITIONERS (BY SRI: S K MITHUN, ADVOCATE) AND 1. SRI. N. NAGARAJU S/O. SRI. HOGEBANDI NAGAPPA @ CHIKKA NAGAPPA, AGED ABOUT 70 YEARS, 2. SMT. MAITHRA W/O. SRI. RAJA KUMAR, AGED ABOUT 30 YEARS, 3. SRI. MANU S/O. SRI. N. NAGARAJU, AGED ABOUT 24 YEARS, 4. KUM. SHASHI D/O. SRI. N. NAGARAJU, MAJOR, SL. NO. 1 TO 4 ARE R/AT NO. 1245, 1ST FLOOR, 5TH MAIN, 18TH CROSS, 7TH SECTOR, HSR LAYOUT, BANGALORE-560 034.
5. STATE OF KARNATAKA REPRESENTED BY CIRCLE INSPECTOR HULIMAVU POLICE STATION, MICO LAYOUT SUB DIVISION, BANGALORE-560 100.
... RESPONDENTS (BY SRI: ABHINAV.R., ADVOCATE FOR R1 TO R4; SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R5) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET PRODUCED VIDE ANNEXURE-A AND CONTINUATION OF PROCEEDINGS IN PENDING IN C.C.NO.12072/2015 IN THE COURT OF V ACMM, BANGALORE IN PURSUANCE OF PCR.NO.13362/2012.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioners. Counsel for respondent Nos.1-4 are absent.
2. Petitioners are accused Nos.1 and 2 in the charge sheet filed under sections 465, 468, 471 & 420 r/w 34 IPC.
3. The material allegations levelled against the petitioners are that in collusion with accused No.2, accused No.1 obtained a General power of attorney for construction of six floors, but got constructed 24 floors by procuring a plan contrary to the authority given under the power of attorney and further in order to create a right of way to the said properties, forged a letter in the name of CW-1 and based on the said letter fabricated and forged a relinquishment deed and thereby committed the above offences.
4. The above allegations prima-facie disclose the ingredients of the above offences. These allegations are sought to be substantiated through cogent material. Hence, no ground is made out to quash the proceedings. Consequently, the petition is dismissed. Liberty is reserved to the petitioners to seek for discharge before the trial court on such grounds available under law.
Sd/- JUDGE *mn/-