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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF FEBRUARY 2015

BEFORE

THE HON’BLE MR.JUSTICE N. ANANDA

CRIMINAL PETITION No.504/2014

BETWEEN:
1. MR. PRABHUDEV K V
S/O MR. K R VEERANNA, 63 YEARS
R/AT NO.1, 6TH MAIN
12TH CROSS, N S PALYA
BTM 2ND STAGE
BANGALORE – 560 076.

2. MR. SRIKANTH H S
S/O LATE MR. H D SATHYAN, 54 YEARS
R/AT NO.9, 8TH CROSS, SRIPURAM
SHESHADRIPURAM,
BANGALORE – 560 020

3. MR. ROOP R GOKLANEY

S/O MR. RAJKUMAR T GOKLANEY, 43 YEARS
R/AT NO.6, 1ST MAIN ROAD
KUMARAPARK WEST
BANGALORE – 560 020

4. MR. MADHU R
S/O MR. T S RANGA RAO, 66 YEARS
R/AT NO.83, DIAGONAL ROAD
V V PURAM, BANGALORE – 560 004

5. MR. ANUP BAJAJ

S/O MR. VISWANATH BAJAJ, 59 YEARS
FORMER COMMITTEE MEMBER
IN 2010-11 TO 2011-12
PRESENTLY PRESIDENT
FOR THE YEARS 2012-13, 2013-14
R/AT NO.4, 10TH MAIN ROAD
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3RD BLOCK, JAYANAGAR

BANGALORE – 560 011

6. MR. AMITH G CHUGH

S/O LATE GOPAL M CHUGH, 36 YEARS
FORMER COMMITTEE MEMBER IN 2011-12
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE

7. MR. BASAPPA S
S/O LATE B SEETHARAMAIAH, 52 YEARS
FORMER COMMITTEE MEMBER IN 2011-12
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE - 01

8. MR. HARISH
S/O MR. B V ASHWATH , 54 YEARS
FORMER COMMITTEE MEMBER IN 2011-12
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE - 01

9. MR. TARUN I KUIPALANI

S/O LATE MR. I T KRIPALANI, 41 YEARS
R/AT 68/2, CHARLES CAMBELL ROAD
COX TOWN, BANGALORE – 560 005

10. MRS. NAWAB MARZIA BEGUM

W/O MR. SYED NASIR AHMED, 49 YEARS
COMMITTEE MEMBER
(SINCE 2011-12 TO PRESENT)
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE
R/AT NO.34/12, KOHINOOR
5TH CROSS, LAXMI ROAD
SHANTHINAGAR
BANGALORE – 560 027
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11. MRS. STUART CLARKE

S/O MR. MAJOR P D DALAL, 54 YEARS
R/AT FLAT NO.T4
GAYATRI SPARKLING-ISLE
7-15, BERLIE STREET CROSS
SHANTHINAGAR
BANGALORE – 560 027

12. MR. JAYAKUMAR

S/O MR. RAJENDER KUMAR, 39 YEARS
FORMER COMMITTEE MEMBER IN
2011-12, PRESENT YEAR
COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE
R/AT NO.30, 1ST CROSS
P & T COLONY, R T NAGAR
BANGALORE – 560 026

13. SRI SANDEEP S

S/O MR. SUDARSHAN R, 38 YEARS
PRESENT YEAR COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE
R/AT 90/1-20, 2ND MAIN
10TH CROSS, VITTAL NAGAR
BANGALORE - 26

14. SRI. RAJANIKANTH S

S/O MR. SHIVASWAMY C, 40 YEARS
PRESENT YEAR COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE
R/AT NO.254, 8TH CROSS
LAXMI ROAD, SHANTHINAGAR
BANGALORE - 27

15. SRI SURESH RAO P

S/O MR. B M PANDURANGA RAO, 58 YEARS
PRESENT YEAR COMMITTEE MEMBER
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BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE – 560 011
R/AT NO.30, 1ST FLOOR
3RD CROSS, BANGIAPPA GARDEN
SHANTHINAGAR, BANGALORE - 27

16. MR. GOVIND B THAKARAL

S/O MR BEHARILAL LAKSHMANDAS, 39 YEARS
PRESENT YEAR COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARKS ROAD
BANGALORE
R/AT NO. 1, YAMUNABAI ROAD
MADHAVANAGAR, BANGALORE - 01

17. SRI BHASKAR S

S/O MR. SUNDERRAJ K, 50 YEARS
PRESENT YEAR COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE
R/AT NO.506, JAYALAKSHMI NIVAS
40TH CROSS, 8TH BLOCK
JAYANAGAR, BANGALORE - 82

18. SRI PUNDARIKA

S/O MR. SHIVANNA, 36 YEARS
CASHIER, PRESENT YEAR COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE - 01

19. SRI NARASIMHAMURTHY

S/O LATE B N RAMA RAO, 59 YEARS
OFFICE MANAGER
PRESENT YEAR COMMITTEE MEMBER
BOWRING INSTITUTE
NO.19, ST. MARK’S ROAD
BANGALORE - 01. ... PETITIONERS

(BY SRI B V ACHARYA, SENIOR ADVOCATE FOR SRI SANDESH J

CHOUTA, ADV.)
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AND:
1. THE STATE OF KARNATAKA
THROUGH CUBBON PARK POLICE
STATION, BANGALORE, REP. BY THE
STATE PUBLIC PROSECUTOR
STATE OF KARNATAKA
HIGH COURT BUILDING
BANGALORE – 560 001

2. MR. JAGMOHAN B
S/O JAYAPRAKASH BUTADA, 30 YEARS
R/A NO.99/3, SURYAMUKHI
BULL TEMPLE ROAD
BANGALORE – 560 019
PRESENTLY R/A NO.260
9TH ‘A’ MAIN ROAD
JAYANAGAR III BLOCK
BANGALORE – 560 001. ... RESPONDENTS

(BY SRI VIJAYAKUMAR MAJAGE, HCGP FOR R1; SRI AMAR

CORREA, ADV. FOR R2)

THIS PETITION IS FILED UNDER SECTION 482 CR.P.C.,

PRAYING TO SET ASIDE THE ORDER DATED 09.01.2014
PASSED BY VIII ACMM AT BANGALORE, IN PCR NO.848/2014
PRODUCED HERETO AS ANNEXURE-A & ETC.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioners arrayed as accused no.2 to 6, 8 to 18

and 20 to 22 in Crime No.11/2014 which was registered

pursuant to reference of PCR No.848/2014, have sought for

quashing of proceedings.
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2. I have heard Sri.B.V.Acharya, learned Senior

Counsel for petitioners and Sri.Amar Correa, learned counsel

for second respondent and Sri.Vijaykumar Majage, learned

Government Pleader for the State.

3. It is the case of second respondent that he wanted

to become a member of Bowring Institute of which the first

petitioner(accused no.2) was the President and second

petitioner (accused no.3) was the Secretary.

The second respondent has alleged that he had paid a

sum of Rs.8,50,000/- to petitioners no.1 and 2 (accused

no.2 and 3) on their assurance of getting a membership to

the second respondent; later, the second respondent was

given a dependent membership; the second respondent had

gone to the club as a member on three occasions; later, it

was found by the management of club that there were bogus

dependent members who have got dependent membership by

producing false documents by paying lowest membership fee

of Rs.500/- as against a sum of Rs.10 Lakhs to be paid to

obtain membership on out of turn basis; the managing

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committee of the club caused notice for which there was no

proper response from the second respondent; later, the

dependant membership of second respondent was

terminated. Thereafter, the second respondent lodged a

complaint in PCR No. 848/2014 making several allegations

not only against accused no.2 and 3 but also against other

committee members of the Bowring Institute.

4. In my considered opinion, the averments of

complaint accepted on their face value do not constitute any

of the offences alleged against petitioner’s no.3 to 19. As

regards petitioner’s no.1 and 2, the second respondent has

alleged that he had paid a sum of Rs.8.50,000/- to them on

their assurance of getting him membership in Bowring

Institute. At this stage, these averments of complaint cannot

be disbelieved.

5. Sri.B.V.Acharya, learned Senior counsel for

petitioners has brought to the notice of the court that second

respondent had filed an affidavit and he had also produced

receipts for having paid a sum of Rs.12,500/-. Even in the

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reply notice caused by second respondent, he had not

whispered that he had paid a sum of Rs.8,50,000/- to

petitioners no.1 and 2 (accused no.2 and 3). In my

considered opinion, these factual controversies cannot be

decided in a petition filed under Section 482 Cr.P.C.

Therefore, I pass the following:

ORDER

The petition is accepted in part.

The petition as it relates to petitioners 1 and 2

(accused no.2 and 3) is dismissed.

The petition as it relates to petitioners 3 to 19 (accused

no.4 to 6, 8 to 18 and 20 to 22) is accepted. The

investigation against petitioners 3 to 19 is quashed.

The investigation officer shall proceed with the

investigation against petitioners 1 and 2 (accused no.2 and

3). The petitioners 1 and 2 are also at liberty to produce the

documents which are in their possession before the

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investigation officer and the investigation officer shall

consider the same impartially.

Sd/-
JUDGE
Np/-