Karnataka High Court
Bosco Francis Caddy @ Doc Bosco vs The State Of Karnataka on 30 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.12257 OF 2023
CONNECTED WITH
CRIMINAL PETITION NO.10644 OF 2023
CONNECTED WITH
CRIMINAL PETITION NO.12294 OF 2023
CRIMINAL PETITION NO.12257 OF 2023
BETWEEN
1 . HARIMOHAN NAIDU
AGED ABOUT 70 YEARS,
S/O LATE VENUGOPALA NAIDU,
R/AT NO.14,
CAHARLES CAMPBELL ROAD,
COX TOWN,
BANGALORE NORTH,
BENGALURU FASER TOWN,
KARNATAKA - 560 005.
2 . SYED ALTAF AHMED
AGED ABOUT 72 YEARS,
S/O LATE SYED AHMED,
R/AT NO.5/1,
VENKATAPPA ROAD,
CONGRESS OFFICE,
SHIVAJINAGAR,
KARNATAKA - 560 005.
... PETITIONERS
(BY SRI. SHISHIR S. RAO, ADVOCATE)
2
AND
1. THE STATE OF KARNATAKA BY
BELLANDURU PS,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. M. SRINIVASAN
AGED ABOUT 70 YEARS,
S/O MUTHUSWAMY GOUNDER,
CHAIRMAN, GEAR FOUNDATION,
NO.175, GEAR ROAD,
DODDAKANNELLI,
BENGALURU - 560 035.
... RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1;
SRI. SATHYANARAYANA S. HALKE, ADVOCATE FOR
R2)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.PC PRAYING TO QUASH THE FIR
BEARING CR.NO.265/2023 PENDING ON THE FILE OF III
ADDL.C.M.M COURT, NRUPATHUNGA ROAD, BENGALURU
BY BELLANDUR P.S., FOR THE OFFENCE P/U/S 406, 420,
120B R/W 34 OF IPC 1860 AS PER ANNEXURE-A AND ALL
FURTHER PROCEEDINGS THERETO AGAINST THE
PETITIONERS.
CRIMINAL PETITION NO.10644 OF 2023
BETWEEN
1. PETER CADDY
AGED ABOUT 70 YEARS,
S/O LATE SRI. OSWAL CADDY,
R/AT FLAT NO. 4-B,
SELMA REGENCY, 18 HALLS ROAD,
RICHARD TOWN,
BENGALURU CITY, KARNATAKA - 560 005.
3
2. SANGEETHA CADDY
AGED ABOUT 58 YEARS,
W/O PETER CADDY,
R/AT FLAT NO. 4-B, SELMA REGENCY,
18 HALLS ROAD, RICHARD TOWN,
BENGALURU CITY, KARNATAKA - 560 005.
PETITIONER NO.1 AND 2 ARE ALSO R/AT
"PURVA PARK WAY" GROUND FLOOR NO.10,
FLAT NO.002, HALLS ROAD,
RICHARD TOWN, BENGALURU CITY,
KARNATAKA - 560 005.
3. AMIT CADDY
AGED ABOUT 40 YEARS,
S/O PETER CADDY, R/AT NO.10,
FLAT NO.3, HALLS ROAD,
RICHARD TOWN, BENGALURU CITY,
KARNATAKA - 560 005.
4. ASHWINI B M
AGED ABOUT 27 YEARS,
D/O MANJUNATHA B R
R/AT PURVA PARK WAY,
HALLS ROAD, RICHARD TOWN,
BENGALURU CITY, KARNATAKA - 560 005.
ALSO AT NO.95, BEHIND GUDDEKAL TEMPLE,
GURUPURA, SHIMOGGA,
KARNATAKA - 560 005.
... PETITIONERS
(BY SRI. K.J.KAMATH, ADVOCATE)
AND
1. THE STATE OF KARNATAKA BY
BELLANDURU PS,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
4
2. M. SRINIVASAN
AGED ABOUT 70 YEARS,
S/O MUTHUSWAMY GOUNDER,
CHAIRMAN, GEAR FOUNDATION,
NO.175, GEAR ROAD, DODDAKANNELLI,
BENGALURU - 560 035.
... RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1;
SRI. SATHYANARAYANA S. CHALKE, ADVOCATE FOR
R2)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.PC PRAYING TO QUASH THE FIR
BEARING CR.NO.265/2023 PENDING ON THE FILE OF THE
III ADDL.C.M.M COURT MAYO HALL, BENGALURU BY
BELLANDUR P.S., FOR THE OFFENCE P/U/S 406, 420,
120B R/W 34 OF IPC AS PER ANNEXURE-A AND ALL
FURTHER PROCEEDINGS THERETO AGAINST THE
PETITIONERS.
CRIMINAL PETITION NO.12294 OF 2023
BETWEEN
1. BOSCO FRANCIS CADDY @ DON BOSCO
AGED ABOUT 74 YEARS,
S/O LATE SRI. OSWAL GREVAS CADDY,
R/AT CONNANDALE VILLA,
N BEERAPPA ROAD,
RAMASWAMYA PALAYA EXTN.,
BANGALORE NORTH,
MARUTI SEVANAGAR,
BANGALORE, KARNATAKA - 560 033.
2. MADHU BHALLA
AGED ABOUT 63 YEARS,
W/O ARUN KUMAR BHALLA,
R/AT NO.43, AIR FORCE COLONY,
DHOKOLI, ZIRAKPUR, DHAKAULI,
SAS NAGAR, MOHALI, PUNJAB - 160 104.
5
CURRENTLY R/AT
"PURVA PARK WAY" GROUND FLOOR NO.10,
FLAT NO.003, HALLS ROAD,
RICHARD TOWN,
BENGALURU CITY,
KARNATAKA - 560 005.
... PETITIONERS
(BY SMT. LEKHA.G.D., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY BELLANDURU PS,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. M. SRINIVASAN
AGED ABOUT 70 YEARS,
S/O MUTHUSWAMY GOUNDER,
CHAIRMAN, GEAR FOUNDATION,
NO.175, GEAR ROAD, DODDAKANNELLI,
BENGALURU - 560 035.
... RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1;
SRI. SATYANARAYANA S. CHALKE, ADVOCATE FOR
R2)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.PC PRAYING TO QUASH THE FIR
BEARING CR.NO.265/2023 PENDING ON THE FILE OF THE
III ADDL.C.M.M COURT MAYO HALL, BENGALURU BY
BELLANDUR P.S., FOR THE OFFENCE P/U/S 406, 420,
120B R/W 34 OF IPC AS PER ANNEXURE-A AND ALL
FURTHER PROCEEDINGS THERETO AGAINST THE
PETITIONERS.
THESE CRIMINAL PETITIONS HAVING BEEN HEARD
AND RESERVED FOR ORDERS ON 17.1.2024 THIS DAY,
THE COURT PRONOUNCED THE FOLLOWING:
6
ORDER
Criminal Petition No.10644/2023 is filed by the petitioner-accused Nos.1 to 4, Criminal Petition No.12257/2023 is filed by the petitioner accused Nos.6 and 5 and Criminal Petition No.12294/2023 is filed by the petitioner-accused Nos.17 and 8 under Section 482 of Cr.P.C., for quashing the FIR in Crime No.265/2023 registered by Bellandur police, pending on the file of the III ACMM, Bengaluru, for the offences punishable under Sections 34, 120B, 406 and 420 of IPC.
2. Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1-State and learned counsel for respondent No.2.
3. The case of the prosecution is that on the first information lodged by respondent No.2 on 26.07.2023, the police registered FIR against 38 accused persons and the present petitioners are accused Nos.1 to 6, 8 and 17, 7 who challenged FIR. It is alleged by respondent No.2 in his complaint that in May 2018, accused No.7 who is the neighbour known to the complainant, introduced accused No.1-Peter Caddy who arrange loans, enabling the complainant to establish the school. The complainant became acquainted with accused No.1 and accused No.1 proposed to help him in opening the world class school on 50 acres of campus with 25% of free education to the children of the Martyr and another 25% of free education to talented children. He promised the complainant in getting a loan and investment and in June 2018, he collected more than 100 signed cheques, promissory notes, signed blank papers, signed blank stamp papers and loan documents, from the complainant. Over a period of time, he squeezed more than Rs.21 crores from the complainant. The complainant has further alleged that accused No.1 is extorting money continuously and also the cheques and signed documents. The accused No.1 threatened him that when the complainant stopped paying money, he would expose the same in press media. 8 Accused No.1 also initiated cheque bounce cases through his associates and family members and demanded Rs.123,76,08,200/- to close all the cases and to return the documents and signed papers and all the signed cheques. The complainant has further alleged that he came to know that he was trapped and accused No.1 has cheated hundreds of innocent people and extracted money for more than Rs.500 crores for the last four decades and has filed more than 100 cheque bounce cases and according to his knowledge, more than 100 FIRs have been registered against accused No.1 for blackmailing, cheating and extortion and accused No.1 is trying to extract more than Rs.123,76,08,200/- crores from the complainant and threatened with his life and finish his school reputation in the printed social media. It is further alleged in the complaint that accused No.1 represented the Mascot Charitable Trust run by his daughter and he is willing to allege loan of Rs.50 crores by furnishing security and he has offered project loan of Rs.50 crores against the school property. He has called 9 the office offering Rs.25 crores of loan with Accused No.2 as a co-applicant for a mortgage loan of Rs.100 crores and requested for temporary loan of Rs.2,18,25,500/- in the name of accused No.2. The registration was completed, the said amount was paid through online between 18.06.2018 and 29.09.2018. The accused collected blank cheques for the proposed guarantee. He has obtained signatures on 100 blank white sheets, 100 stamp papers and 100 cheques for Rs.50 crores, in the guise of security. The accused No.2 borrowed from accused No.1 for Rs.3,28,25,500/- and accused No.2 for Rs.2,70,00,000/-, both the cheques of accused No.2 and accused No.1 have been dishonoured. Two cases were filed in C.C No.51516/2022 against accused No.2 for Rs.3,80,00,000/- and accused No.2 was in jail for some time.
4. He further alleges that the said accused No.1 approached the complainant and promised to arrange Rs.80 crores through his daughter Moya caddy and 10 insisted on furnishing security and obtained blank signed stamp papers, cheques and went on postponing the loan and neither he has arranged the loan nor returned the documents. He further alleges that a Memorandum of Understanding for exchange of demonetized notes was made with 3 individuals and he did not read the Memorandum of Understanding but signed the same. The accused No.1 did not perform, the Mangalore party filed case against accused No.1 and settled the matter for Rs.5.25 crores and the amount was transferred to his account for Rs.2,02,00,000/- and obtained the cheques with signature and he also transferred about Rs.1.67 crores from various account, he has planned to extract cheques for getting amount transferred to his account and a complaint was registered and he has managed to file 'B Final report'. The accused No.1, was also involved in CBI case, he has begged for the help and the complainant has transferred Rs.3,59,01,000/- from his relatives' account through the complainant's account. Loan of Rs.20 crores was sanctioned by Adithya Birla Finance and the same 11 was available to the complainant and by that time CBI case was over. The complainant transferred Rs.5,16,20,000/- to the accused No.1 out of Bank loan of Rs.20 crores. He further claims the accused continuously cheated him by obtaining crores of rupees by obtaining the signatures on blank cheques. Almost 13 incidents have been mentioned by the complainant and he further contended, that there were 100 cases filed and settled amicably. The complainant is having benami properties of more than Rs.500 crores and prayed for taking action against the accused. After obtaining the complaint, the police registered the FIR in crime No.265/2023 for the offences punishable under Sections 120B, 406, 420 read with 34 of IPC, which is under challenge.
5. Learned senior counsel appearing for the petitioners has contended that the matter is a civil dispute between the parties. The complainant himself has admitted that he has received amount and executed the documents as security. He has issued the cheque, which 12 was dishonoured. There are so many complaints filed against the accused which is punishable under Section 138 of the NI Act, pending before the court. There are 14 cases are pending against respondent No.2. There were 13 incidents were mentioned in the complaint. In most of the cases, complainant himself received money and executed the documents, there is a clear admission that it is a financial transaction. The complaint is vague as names of the Deputy Commissioner and others names are mentioned and there are no clear names. It is not a fit case for investigation. All the cases are civil in nature. Hence, prayed for quashing the FIR.
6. Per contra, learned counsel respondent No.2 seriously objected the petition, there are crores of rupees received from the complainant and paid a lesser amount in the name of arranging the loan. The accused received crores of rupees, but cheated the complainant. There are NI Act, cases filed by him against the complainant, through his kith and kin, friends and relatives. The police 13 have now transferred the investigation to the CID, they are investigating the matter. Therefore, it is not a fit case for quashing the FIR. The Trial Court already rejected the anticipatory bail petition. Such being the case, granting stay is nothing but granting bail. Therefore, prayed for dismissing the petition.
7. Having heard the arguments, perused the records. On perusal of the same, there are complaints, especially there were 13 detailed incidents mentioned by the complainant in his complaint. Though it looks like a financial transaction, but the complainant paid huge crores of money and received only some money from the accused. But under the guise of arranging the loan for respondent No.2, for the purpose of opening the International School, the petitioner/accused persons obtained the blank signed cheques and blank stamp papers for number of times. In order to return the same, the accused said to be demanded Rs.123,76,08,200/- crores from the respondent No.2. There are so many 14 cases of cheating the complainant and also money laundering activities which were done by the accused persons, including the exchange of demonetization currency. Also, the petitioner said to have cheated various people by collecting the money and extracting money from the complainant and others. In the complaint, apart from naming 9 accused persons, there were some other accused persons also shown as Deputy Commissioners and other persons without giving details, including Sub-Registrar and some associations. Therefore, the police were required to investigate the matter in detail to find out the truth and file a report. It is not possible for the ordinary police to investigate the matter. Therefore, the CID took the investigation and continuing the investigation, if they are not able to investigate the matter within the near future then the complainant may approach the court in writ petition for referring the complaint to the CBI investigation. 15
Therefore, I am of the view, as there is the cognizable case made out against accused persons and there were crores of rupees of cheating and extortion which were involved in this case, therefore, I am of the opinion, it is not a fit case for quashing the FIR.
Accordingly, these petitions are dismissed. The CID police are permitted to investigate the matter and file the final report as per the law.
Sd/-
JUDGE CS/AKV CT:SK