Karnataka High Court
Serious Fraud Investigation Office vs C P Yogeshwara on 26 February, 2026
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2026:KHC:12036
CRL.P No. 1284 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
CRIMINAL PETITION NO. 1284 OF 2026
BETWEEN:
1. SERIOUS FRAUD INVESTIGATION OFFICE
MINISTRY OF CORPORATE AFFAIRS,
GOVERNMENT OF INDIA,
2ND FLOOR, PARYAVARAN BHAWAN,
CGO COMPLEX, LODHI ROAD,
NEW DELHI - 110 003
REPRESENTED BY ASSISTANT DIRECTOR
PARAMVEER BHATI
... PETITIONER
(BY SMT. ANUPARNA BORDOLOI., ADVOCATE)
Digitally signed
by VIDYA G R AND:
Location: HIGH
COURT OF 1. C P YOGESHWARA
KARNATAKA
S/O SHRI. PUTTAMADEGOWDA,
AGED ABOUT 60 YEARS,
464, 1ST G CROSS, 2 ND PHASE,
BANASHANKARI 3RD STAGE,
BENGALURU - 560 085.
2. C.P GANGADHARESHWARA,
S/O PUTTAMADEGOWDA,
AGED ABOUT 60 YEARS
NO. 367, 1ST E CROSS, 2ND PHASE
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NC: 2026:KHC:12036
CRL.P No. 1284 of 2026
HC-KAR
BSK 3RD STAGE,
BENGALURU - 560 085
3. SHRI. P. MAHADEVAIAH
S/O SH. PUTTEGOWDA,
AGED ABOUT 56 YEARS
143, 5TH MAIN, BSK 3RD STAGE,
BANGALORE - 560 085
4. SHRI RAMESH H. R.
AGED ABOUT 42 YEARS
435, 1ST G CROSS, 6 TH BLOCK,
BSK 3RD STAGE,
BENGALURU - 560 085.
5. M/S MEGACITY (BENGALURU) DEVELOPERS
AND BUILDERS LIMITED,
HAVING OFFICE AT MEGA TOWER,
120, KENGAL HANUMANTHAIAH ROAD,
BENGALURU - 560 027.
REPRESENTED BY ITS NOMINEE DIRECTOR
SRI.C.V. SANJEEVAN
... RESPONDENTS
(BY SRI. VIVEKANANDA N., ADVOCATE FOR
SRI LINGARAJ SHARANAPPA., ADVOCATE)
THIS CRL.P IS FILED U/S.482 OF CR.P.C., 1973, PRAYING
TO A. SET ASIDE THE IMPUGNED ORDER DATED 09.01.2026
REJECTING THE PETITIONER'S APPLICATION U/S.309 OF CR.PC
PASSED BY HON'BLE XLII ADDL CJM BENGALURU (ANNEXURE -
A).
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:12036
CRL.P No. 1284 of 2026
HC-KAR
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
This petition has been filed seeking to set aside the order at Annexure-'A' dated 09.01.2026 passed in C.C.No.30790/2021 by the Court of XLII Additional Chief Judicial Magistrate, Bengaluru, whereby, the application of the petitioner filed under Section 309 of Cr.P.C. seeking adjournment was rejected.
2. Learned counsel for the petitioner submits that the non-examination of independent witness, Sri Ravindra Beleyur was due to bona fide reasons and that, if the Court were to put the petitioner on terms, they would ensure his presence and undertake to go ahead with his examination on a date to be fixed by this Court.
3. Learned counsel appearing for the respondents submits that subject to the petitioner adhering to its undertaking, the Court may pass appropriate orders. -4-
NC: 2026:KHC:12036 CRL.P No. 1284 of 2026 HC-KAR
4. Taking note of the stand of both sides and also the petitioner seeking condonation of lapse in not diligently prosecuting the proceedings, it would be appropriate to afford the petitioner another opportunity to examine the said witness.
5. Accordingly, the order at Annexure-'A' dated 09.01.2026 passed in C.C.No.30790/2021 by the Court of XLII Additional Chief Judicial Magistrate, Bengaluru, rejecting the application filed under Section 309 of Cr.P.C. seeking adjournment, is set aside. The matter is to be proceeded and the petitioner to examine the said witness, Sri Ravindra Beleyur by ensuring his presence at the petitioner's instance on 16.03.2026. However, it is made clear that the petitioner would not seek any further adjournment on the said date.
6. It is needless to state that the Special Court is to proceed expeditiously to conclude the proceedings, as the proceedings itself have reached the final stage. -5-
NC: 2026:KHC:12036 CRL.P No. 1284 of 2026 HC-KAR Accordingly, the petition is disposed of.
SD/-
(S SUNIL DUTT YADAV) JUDGE VGR