VINAY KUMAR Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners who are arraigned as Accused Nos.1, 3 to 6 in C.C.No.4015/2016 arising out of PCR No.26195/2009 seeking to quash the entire criminal proceedings initiated against them for the offences punishable under Sections 406, 120A and B, 378, 464, 468, 420 of IPC which is pending before the IV Addl.CMM, Bangalore City.

(2.) Heard Sri Hashmath Pasha, learned senior counsel for the petitioners and learned HCGP for respondent No.1 State who are physically present before the Court. There is no representation for second respondent either through video conference or physically present before the Court. Therefore, it is taken as there are no arguments on behalf of second respondent.

(3.) It is transpired in the complaint filed by Smt.Radhamma, the second respondent herein and the defacto complainant that she is none other than the mother of accused No.1 Vinay Kumar. It is stated that there is a temple by name Sri Kalika Durga Parameshwari at Vidyaranyapura, Thindlu, Bangalore. There is a Trust by name Sri Kalika Durga Parameshwari Trust. The founder Trustees of this Trust are second respondent Radhamma and the first petitioner Vinay Kumar. Later after marriage of the first petitioner, his wife Smt.Sandhya was added as another Trustee. Thereafter, by amendment of Trust deed, petitioners 2 to 4 and one D.Srinivas Murthy were appointed as additional Trustees as per Clause (c) of the Trust Deed dated 25.08.2006. The amended Trust Deed was executed on 05.03.2009