Karnataka High Court
Shri. Virapuram Madhusudan Alias ... vs The State Of Karnataka on 10 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.103074 OF 2022 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 103206 OF 2022
CRIMINAL PETITION NO. 103207 OF 2022
CRIMINAL PETITION NO. 103208 OF 2022
CRIMINAL PETITION NO. 103209 OF 2022
CRIMINAL PETITION NO. 103210 OF 2022
CRIMINAL PETITION NO. 103211 OF 2022
CRIMINAL PETITION NO. 103216 OF 2022
CRIMINAL PETITION NO. 103218 OF 2022
CRIMINAL PETITION NO. 103219 OF 2022
CRIMINAL PETITION NO. 103221 OF 2022
IN CRL.P.NO.103074 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGE. 45 YEARS, RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BALLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR
AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
DHARWAD BENCH
Date: 2025.01.15
11:09:24 +0530
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. VEERESH HIREMATH S/O. GURAYYA HIREMATH,
AGED ABOUT 35 YEARS,
R/O. AT SHRI. VEERESHWAR PUNYASHRAMA,
PANCHAKSHARI NAGAR, GADAG,
TQ AND DIST. GADAG-582101.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
-2-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH ENTIRE CHARGE
SHEET AND PROCEEDINGS IN CC NO.4/2017 (ARISING IN KOPPAL
TOWN PS CRIME NO.134/2015) DATED 06.01.2017 PENDING ON
THE FILE OF SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE AT KOPPAL, ARRAYING THE PETITIONER AS
ACCUSED NO.3 FOR OFFENCES PUNISHABLE U/S 406, 420, 468,
465, 471, 201, 109 R/W SECTION 34 OF IPC, PRODUCED AS
ANNEXURE-C TO THE PETITION AS AGAINST PETITIONER HEREIN.
IN CRL.P. NO.103206 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS,
RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BALLARI-583103.
...PETITIONER
(BY SRI. SURAJ S.MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. CHANNAYYA V. MATHAD
S/O. VEERABHADRAYYA MATHAD,
AGED ABOUT 35 YEARS, RESIDING AT RAIVANAKI,
TQ. YALABURGA, DIST. KOPPAL-583236.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 14.10.2016 FILED ON 16.12.2016 AND ENTIRE
PROCEEDINGS IN CC NO.66/2017 (ARISING OUT OF PCR
NO.86/2014 REGISTERED AS KOPPAL TOWN PS CRIME
NO.77/2014) IMPLICATING THE PETITIONER AS ACCUSED NO.3
FOR OFFENCES PUNISHABLE U/S 420, 468, 504, 109, 471, 506 R/W
-3-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
SECTION 34 OF IPC, PENDING ON THE FILE OF ADDITIONAL CIVIL
JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS AT
KOPPAL PRODUCED AS ANNEXURE-H TO THE PETITION AS
AGAINST HEREIN, IN SO FAR AS PETITIONER/ACCUSED NO.3 IS
CONCERNED.
IN CRL.P. NO.103207 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGE. 45 YEARS, RESIDING AT #79/1,
PARVATHI NAGAR MAIN PART,
BELLARI CITY CORPORATION, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SMT. PADMAVATI VADDAR
D/O. YANKAPPA VADDAR,
AGED ABOUT 37 YEARS, OCC. TAILOR,
RESIDING AT AGALAKERA VILLAGE,
TQ. KOPPAL, TQ. KOPPAL-583234.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 23.09.2016 AND ENTIRE PROCEEDINGS IN CC NO.275/2016
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.3/2014)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 420, 468, 465, 421, 109, 149 OF IPC,
PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND CHIEF
JUDICIAL MAGISTRATE AT KOPPAL PRODUCED AS ANNEXURE-H
TO THE PETITION AS AGAINST PETITIONER HEREIN.
-4-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
IN CRL.P. NO.103208 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS,
RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SMT. MANGALA JUKTIMATH
W/O. DUNDAYYA JUKTIMATH,
AGED ABOUT 70 YEARS,
RESIDING AT KANDAKUR ROAD,
KSCB COLONY, MARUTHI NAGAR,
KUSHTAGI, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 20.10.2016 AND ENTIRE PROCEEDINGS IN CC NO.68/2017
(ARISING OUT OF PCR NO.93/2014 AND KOPPAL TOWN PS CRIME
NO.79/2014) IMPLICATING THE PETITIONER AS ACCUSED NO.3
FOR OFFENCES PUNISHABLE U/S 420, 468, 465, 467, 109 R/W
SECTION 34 OF IPC, PENDING ON THE FILE OF ADDITIONAL CIVIL
JUDGE (JR.DN) AND JUDICIAL MAGISTRATE FIRST CLASS AT
KOPPAL PRODUCED AS ANNEXURE-H TO THE PETITION AS
AGAINST PETITIONER HEREIN.
-5-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
IN CRL.P. NO.103209 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT. 45 YEARS,
RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. MANJUNATH SALIMATH
S/O. BASAYYA SALIMATH,
AGED ABOUT 44 YEARS,
RESIDING AT PRAGATHI NAGAR,
KINNAL ROAD, TQ. AND DIST: KOPPAL-583268.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 06.06.2017 AND ENTIRE PROCEEDINGS IN CC NO.212/2017
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.169/2015)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 406, 420, 468, 465, 471, 201, 109 R/W
SECTION 34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOPPAL
PRODUCED AS ANNEXURE-H TO THE PETITION AS AGAINST
PETITIONER HEREIN.
IN CRL.P. NO.103210 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS, RESIDING AT
-6-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
UMA TOWERS, 3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. ERANNA VADDAR
S/O. HANAMAPPA VADDAR,
AGED MAJOR, RESIDING AT BETAGERI VILLAGE,
TQ AND DIST. KOPPAL-583238.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 07.01.2017 AND ENTIRE PROCEEDINGS IN CC NO.5/2017
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.125/2015)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 406, 420, 468, 465, 471, 201, 109 R/W
SECTION 34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOPPAL
PRODUCED AS ANNEXURE-H TO THE PETITION AS AGAINST
PETITIONER HEREIN.
IN CRL.P. NO.103211 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS,
RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
-7-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. SYED MURTHUJA S/O. SYED HUSSAINSAB
AGED ABOUT 44 YEARS,
RESIDING AT TEGGINA ONI,
KUSHTAGI, TQ. KUSHTAGI,
DIST. KOPPAL-583277.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH ENTIRE CHARGE
SHEET DATED /FILED ON 27.11.2015 AND ENTIRE PROCEEDINGS
IN CC NO.657/2015 (ARISING OUT OF KOPPAL TOWN PS CRIME
NO.150/2015) IMPLICATING THE PETITIONER AS ACCUSED NO.3
FOR OFFENCES PUNISHABLE U/S 406, 420, 468, 465, 471, 201, 109
R/W SECTION 34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOPPAL
PRODUCED AS ANNEXURE-H TO THE PETITION AS AGAINST
PETITIONER HEREIN.
IN CRL.P. NO.103216 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS,
RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S.MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
-8-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
2. SHRI. MALLAPPA HADAPAD
S/O. SIDDAPPA HADAPAD,
AGED ABOUT 52 YEARS,
RESIDING AT CHIKKENAKOPPA VILLAGE,
TQ. YELBURGA-583232, DIST. KOPPAL.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 10.01.2017 AND ENTIRE PROCEEDINGS IN CC NO.07/2017
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.126/2015)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 406, 420, 468, 465, 471, 201, 109 R/W
SECTION 34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOPPAL
PRODUCED AS ANNEXURE-H TO THE PETITION AS AGAINST
PETITIONER HEREIN.
IN CRL. P. NO.103218 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN
@ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS,
RESIDING AT #79/1, PARVATHI NAGAR,
BELLARI CITY CORPORATION,
BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SMT. PADMAVATI VADDAR
D/O. YANKAPPA VADDAR,
AGE. 37 YEARS, OCC: TAILOR,
RESIDING AT AGALAKERA VILLAGE,
-9-
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
DIST. KOPPAL, TALUK. KOPPAL-583234.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 24.09.2016 AND ENTIRE PROCEEDINGS IN CC NO.274/2016
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.3/2014)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 420, 468, 465, 421, 109, 149 OF IPC,
PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND CHIEF
JUDICIAL MAGISTRATE AT KOPPAL PRODUCED AS ANNEXURE-C
TO THE PETITION AS AGAINST PETITIONER HEREIN.
IN CRL.P. NO.103219 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS, RESIDING AT
UMA TOWERS, 3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. MALLAPPA M. GATTI
AGED ABOUT 42 YEARS,
RESIDING AT THUGGALADONI VILLAGE,
TQ. KUSHTAGI, TQ. KOPPAL-583280.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 24.09.2016 AND ENTIRE PROCEEDINGS IN CC NO.276/2016
- 10 -
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.124/2015)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 420, 468, 465, 421, 109, R/W SECTION
34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
CHIEF JUDICIAL MAGISTRATE AT KOPPAL PRODUCED AS
ANNEXURE-H TO THE PETITION AS AGAINST PETITIONER HEREIN.
IN CRL.P. NO.103221 OF 2022:
BETWEEN:
SHRI. VIRAPURAM MADHUSUDAN @ MADHUSUDAN
S/O. VIRAPURAM PRABHANJAN RAO,
AGED ABOUT 45 YEARS,
RESIDING AT UMA TOWERS,
3RD FLOOR, 3RD CROSS,
PARVATHI NAGAR, BELLARI-583103.
...PETITIONER
(BY SRI. SURAJ S. MUTNAL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH KOPPAL TOWN POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. SHRI. BHEEMANNA SHETTY
S/O. RAMANNA SHETTY,
AGED ABOUT 70 YEARS,
RESIDING AT KUSHTAGI,
TQ. KUSHTAGI-584121, DIST. KOPPAL.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION AND QUASH CHARGE SHEET
DATED 10.01.2017 AND ENTIRE PROCEEDINGS IN CC NO.6/2017
(ARISING OUT OF KOPPAL TOWN PS CRIME NO.160/2015)
IMPLICATING THE PETITIONER AS ACCUSED NO.3 FOR
OFFENCES PUNISHABLE U/S 406, 420, 468, 465, 471, 201, 109, R/W
SECTION 34 OF IPC, PENDING ON THE FILE OF SENIOR CIVIL
JUDGE AND CHIEF JUDICIAL MAGISTRATE AT KOPPAL
- 11 -
NC: 2025:KHC-D:467
CRL.P No. 103074 of 2022
AND CONNECTED MATTERS
PRODUCED AS ANNEXURE-H TO THE PETITION AS AGAINST
PETITIONER HEREIN.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner in all these petitions is the same. These petitions arise from a common allegation in relation to different crime numbers. Therefore, they are taken up together, heard jointly, and disposed of by this common order.
2. The petitioner/accused No. 3, who is facing charges for offences punishable under Sections 406, 420, 468, 465, 471, 201, 109 read with Section 34 of the Indian Penal Code, 1860, is before this Court.
3. The prosecution's case is that V3 Life Care India Pvt. Ltd. between 15.03.2010 and 12.02.2014, collected and deposited various amounts from the complainants. The details of these deposits include:
• Rs. 4,00,000/- from CW-1 Veeresh, • Rs. 10,000/- from CW-8 Smt. Eeramma on 14.03.2011, • Rs. 10,000/- from CW-9 Smt. Bharathi on 10.02.2011, • Rs. 20,000/- from CW-10 Smt. Saraswati on 10.05.2011,
- 12 -
NC: 2025:KHC-D:467 CRL.P No. 103074 of 2022 AND CONNECTED MATTERS • Rs. 10,000/- from CW-11 Smt. Vijayalakshmi on 20.05.2011, • Rs. 30,000/- from CW-12 Shri Shivakumar on 10.05.2011, • Rs. 10,000/- from CW-13 Shri Manjunath on 10.05.2011, • Rs. 40,000/- from CW-14 Shri Karabassappa on 25.06.2010, • Rs. 20,000/- from CW-15 Shri Basavaraj on 25.08.2010, • Rs. 50,000/- from CW-16 Shri Sharanbasav Shastri on 20.07.2011, • Rs. 5,000/- from CW-17 Shri Shivagoud on 15.02.2011, • Rs. 20,000/- from CW-18 Smt. Jakkavva on 25.10.2010, • Rs. 5,00,000/- from CW-19 Shri Channayya during 2009, 2010, and 2011, • Rs. 1,00,000/- from CW-20 Smt. Surekha, • Rs. 5,000/- from CW-21 on 04.11.2010, • Rs. 3,00,000/- from CW-22 Smt. Basavannemma on 15.03.2010,
- 13 -
NC: 2025:KHC-D:467 CRL.P No. 103074 of 2022 AND CONNECTED MATTERS • Rs. 40,000/- from CW-23 Basavaraj, • Rs. 5,000/- from CW-24 Smt. Peeravva on 31.01.2011, • Rs. 15,000/- from CW-25 Smt. Hanumavva on 11.08.2011, • Rs. 1,00,000/- from CW-26 Shri Gaveesh on 20.09.2011, • Rs. 6,00,000/- from CW-27 Shri Mudukappa, and • Rs. 50,000/- from CW-28 Smt. Siddamma.
4. In total, Rs. 23,90,000/- was collected from the complainants and others at Koppal with the promise of returning double the amount deposited and allocating a plot at Kushtagi (Sy. No. 93/1) or Ballari (Sy. No. 37). However, after the deposit period lapsed, the company failed to fulfill its promises or return the invested amounts, thereby committing fraud.
5. The cognizance of the above offences is being challenged in these petitions.
6. Despite being served with notice, the complainants have not appeared in person or through counsel and are therefore placed ex parte.
7. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for Respondent No. 1- State.
- 14 -
NC: 2025:KHC-D:467 CRL.P No. 103074 of 2022 AND CONNECTED MATTERS
8. The only allegation against the petitioner is that he was a Director of V3 Infrastructures and Estate Pvt. Ltd., a company incorporated under the Companies Act. Beyond this, there is no specific allegation that the petitioner induced investors to deposit money V3 Life Care India Pvt. Ltd which is a different / sister concern with an intention to deceive the public.
9. The petitioner has annexed the Memorandum of Association of V3 Life Care India Pvt. Ltd. The prosecution's case is that the complainants were induced to invest money in V3 Life Care India Pvt. Ltd., with the promise of receiving double the amount invested after 34 to 36 months and a plot of land. However, after the period elapsed, V3 Life Care India Pvt. Ltd. neither returned the money nor conveyed any plots to the investors.
10. The allegation against the petitioner is limited to his role as Director of V3 Infrastructures and Estate Pvt. Ltd. The petitioner has submitted a communication showing that he tendered his resignation from the company. This resignation was accepted, as evidenced by the relieving letter dated 30.05.2013 (Annexure-F). The genuineness of this letter has not been disputed by the complainants, nor have they refuted the petitioner's claim that he resigned from the company.
11. Therefore, when there is no specific act by the petitioner to show that he induced the investors to deposit money with fraudulent intent, he cannot be prosecuted for the alleged offences solely based on his position as a Director of V3 Infrastructures and Estate Pvt. Ltd., particularly when he was not a
- 15 -
NC: 2025:KHC-D:467 CRL.P No. 103074 of 2022 AND CONNECTED MATTERS Director of V3 Life Care India Pvt. Ltd., where the investments were made.
12. Therefore, continuing the criminal proceedings against the petitioner under these circumstances would amount to an abuse of the process of law.
13. Hence, I pass the following:
ORDER
i) Accordingly, the criminal petitions are allowed.
ii) The criminal proceedings in C.C. Nos.4/2017, 66/2017, 275/2016, 68/2017, 212/2017, 5/2017, 657/2015, 7/2017, 274/2016, 276/2016 and 6/2017 pending on the file of the Senior Civil Judge & CJM, Koppal, insofar as it relates to accused No.3, the petitioner herein, are hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 68