SANDEEP KARANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in Crl.P.No.6399/2022 being accused No.1 and the petitioner in Crl.P.No.10725/2022, being accused No.2 in Crime No.75/2022 of Seshadripuram Police Station, pending on the file of the learned IV Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offence punishable under Ss. 506, 504, 406, 420 read with Sec. 34 of Indian Penal Code (for short 'IPC') are seeking to quash the criminal proceedings initiated against them.

(2.) Brief facts of the case are that, respondent No.2 filed the first information against accused Nos. 1 to 3 alleging commission of the offences as stated above. It is the contention of respondent No.2 that he is a Doctor by profession, practicing at England. His father Sri. H.M. Mallikarjunappa had bequeathed a site in his favour and he had constructed the building thereon. Since he was away at England, he entrusted management of the building to accused No.1 from 2012 to 2017. Accused No.1 while representing the complainant, committed criminal breach of trust and transferred Rs.25.00 Lakhs to Rs.30.00 Lakhs to his personal account. Thereby, misappropriated the amount and committed cheating. When the informant questioned the acts of accused No.1, accused Nos.1 to 3 threatened him to withdraw the complaint and also criminally intimidated to cause his death. Therefore, he requested the police to register the case and to initiate legal action. Accordingly, the police have registered the FIR in Crime No. 75/2022 of Seshadripuram police station for the above said offences and took up investigation.

(3.) The petitioners beings accused Nos. 1 and 2 have approached this Court, seeking to quash the criminal proceedings. This Court granted interim order of stay of the further proceedings in the criminal case and therefore, it is stated that no investigation was undertaken by the police.