Sri K V Halappa vs State Of Karnataka on 20 September, 2018

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Karnataka High Court

Sri K V Halappa vs State Of Karnataka on 20 September, 2018

Bench: P.S. Dinesh Kumar

                        1
                                CRL.P. NO.4212/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 20TH DAY OF SEPTEMBER, 2018

                     BEFORE

  THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

        CRIMINAL PETITION No.4212/2018

BETWEEN:

  1. SRI. K.V. HALAPPA
     S/O K. VEERAPPA
     AGED 64 YEARS
     R/AT FLAT NO.4B
     DAEWOO PALACE
     NO.8, 3RD CROSS
     AMARAJYOTHI LAYOUT
     SANJAY NAGAR
     BANGALORE-560 094

  2. SRI. SADANAND
     S/O MALLIKARJUNA
     AGED 48 YEARS
     R/AT FLAT NO.1B
     DAEWOO PALACE
     NO.8, 3RD CROSS
     AMARAJYOTHI LAYOUT
     SANJAY NAGAR
     BANGALORE-560 094              ... PETITIONERS

(BY SHRI. M.H. PRAKASH, ADVOCATE)

AND:

  1. STATE OF KARNATAKA
     BY SANJAY NAGAR POLICE STATION
     BANGALORE CITY
     REP BY STATE PUBLIC PROSECUTOR
                          2
                                   CRL.P. NO.4212/2018
     HIGH COURT OF KARNATAKA
     BANGALORE-01

  2. SRI. T.J. ABRAHAM
     PRESIDENT
     ANTI-GRAFT/CORRUPTION
     & ENVIRONMENTAL FORUM
     NO.2326, 2ND "A"CROSS
     16TH "B" MAIN, HAL 2ND STAGE
     INDIRANAGAR
     BANGLAORE-560 008            ... RESPONDENTS

(BY SHRI. S. RACHAIAH, HCGP FOR R1;
    R2-SERVED BUT UNREPRESENTED)

     THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.41/2018 BY RESPONDENT
NO.1 WHICH IS PENDING BEFORE THE 4TH A.C.M.M., AT
BANGALORE CITY FOR THE OFFENCE P/U/Ss 409, 406,
420, 468, 471 AND 120B R/W 34 OF IPC AGAINST THE
PETITIONERS.

     THIS CRL.P COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:-

                      ORDER

Heard Shri Prakash M.H., learned Advocate for the petitioners and Shri S.Rachaiah, learned HCGP for respondent No.1. Though served, respondent No.2 has remained unrepresented.

2. Learned Advocate for the petitioners submits that petitioners are office bearers of "Daewoo Palace 3 CRL.P. NO.4212/2018 Owners/Residents Welfare Association" formed for the welfare of the owners and residents of the Apartment situated at 3rd Cross, Amarjyothi Layout, Sanjay Nagar, Bengaluru. Complainant-second respondent has written a letter dated 10.02.2018 to the Deputy Commissioner of Police, Bangalore North Division, stating that the petitioners have unauthorisedly opened another bank account in the name of Association. The complainant is in no way connected with the Association. However, based on the said complaint, an FIR has been registered in Crime No.41/2018 for the offences punishable under Sections 409, 406, 420, 468, 471, 120-B read with 34 of IPC in Sanjay Nagar Police Station. He further submits that in the circumstances, petitioners had approached the jurisdictional Court and obtained bail. He contends that based on a letter written by an unknown person, petitioners are dragged into a criminal case.

CRL.P. NO.4212/2018

3. Learned HCGP submits that since the letter has been addressed to the Deputy Commissioner of Police, veracity of the same is being examined by the police, but no action has been taken against the petitioners as of now.

4. I have carefully considered the submissions of learned Advocate for the parties and perused the records.

5. It appears on an earlier occasion also, a similar complaint was given by one Venugopal, on 06.09.2017 to the Sanjay Nagar Police Station and police have issued an endorsement on 31.01.2018 stating that complaint allegations are false. Thereafter, the instant letter has been addressed by an unknown person to the Deputy Commissioner of Police.

CRL.P. NO.4212/2018

6. Conspectus of facts clearly discloses that complaint is by one Abraham T.J. He has described himself as President of Anti-Graft/Corruption & Environmental Forum. In page No.2 of the complaint, he has stated as follows:

"2. Around three years later it was reliably learnt that Sri.K.V.Halappa and Sri.Sadanand had unauthorizedly opened another account in the name of the Association without the knowledge of the other members/residents/owners of the Apartment in the Indian Bank, New BEL Road Branch, Bengaluru, which has been assigned an Account NO.6462318093. On enquiry it is learnt that the said Unauthorized Bank Account was opened by submitting Fake and fabricated documents to the bank, with the intent to cheat the bank and cornering them to permit the opening of the illegal account on the basis of such a Fabricated, Fake and False document."

6. The petitioners are office bearers of Apartment owners Association. It is rather strange that an outsider has attempted to complain against the petitioners though there is no complaint by the 6 CRL.P. NO.4212/2018 members of Association. In the circumstances, this petition merits consideration.

7. Accordingly, this petition is allowed and proceedings in Crime No.41/2018 pending on the file of 4th Additional Chief Metropolitan Magistrate, Bangalore City, are quashed.

       Petition allowed.     No costs.




                                              Sd/-
                                             JUDGE

Yn.

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