You are on page 1of 9

1

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

MARK’S ROAD BANGALORE . ST.01 8. MARK’S ROAD BANGALORE 7. AMITH G CHUGH S/O LATE GOPAL M CHUGH. ST. ST. BANGALORE – 560 005 10. BASAPPA S S/O LATE B SEETHARAMAIAH. MR. MR.19. 54 YEARS FORMER COMMITTEE MEMBER IN 2011-12 BOWRING INSTITUTE NO. ST. MR. MRS. I T KRIPALANI.19. 49 YEARS COMMITTEE MEMBER (SINCE 2011-12 TO PRESENT) BOWRING INSTITUTE NO. MR. JAYANAGAR BANGALORE – 560 011 6. NAWAB MARZIA BEGUM W/O MR. CHARLES CAMBELL ROAD COX TOWN. HARISH S/O MR. 41 YEARS R/AT 68/2. MARK’S ROAD BANGALORE . MARK’S ROAD BANGALORE R/AT NO. 36 YEARS FORMER COMMITTEE MEMBER IN 2011-12 BOWRING INSTITUTE NO.01 9.34/12. TARUN I KUIPALANI S/O LATE MR.19. B V ASHWATH . LAXMI ROAD SHANTHINAGAR BANGALORE – 560 027 . KOHINOOR 5TH CROSS. 52 YEARS FORMER COMMITTEE MEMBER IN 2011-12 BOWRING INSTITUTE NO. 2 3RD BLOCK. SYED NASIR AHMED.19.

3 11.19. SRI SURESH RAO P S/O MR.19.19. SHIVASWAMY C. VITTAL NAGAR BANGALORE . MRS. MARK’S ROAD BANGALORE R/AT 90/1-20. MARK’S ROAD BANGALORE R/AT NO.254. SRI SANDEEP S S/O MR.T4 GAYATRI SPARKLING-ISLE 7-15.26 14. RAJANIKANTH S S/O MR. ST. SRI. MAJOR P D DALAL. PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO. ST. B M PANDURANGA RAO. MR. JAYAKUMAR S/O MR.27 15. 58 YEARS PRESENT YEAR COMMITTEE MEMBER . STUART CLARKE S/O MR. MARK’S ROAD BANGALORE R/AT NO. R T NAGAR BANGALORE – 560 026 13. 54 YEARS R/AT FLAT NO.30. 40 YEARS PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO. 2ND MAIN 10TH CROSS. BERLIE STREET CROSS SHANTHINAGAR BANGALORE – 560 027 12. RAJENDER KUMAR. SHANTHINAGAR BANGALORE . 8TH CROSS LAXMI ROAD. SUDARSHAN R. 38 YEARS PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO. 1ST CROSS P & T COLONY. 39 YEARS FORMER COMMITTEE MEMBER IN 2011-12. ST.

MARK’S ROAD BANGALORE . MARK’S ROAD BANGALORE R/AT NO. BANGIAPPA GARDEN SHANTHINAGAR. MR. 36 YEARS CASHIER.27 16.19.19. 4 BOWRING INSTITUTE NO. MARK’S ROAD BANGALORE .01.506. SRI PUNDARIKA S/O MR. 8TH BLOCK JAYANAGAR.. ST. SRI BHASKAR S S/O MR.19. ADV.19. SRI NARASIMHAMURTHY S/O LATE B N RAMA RAO. MARKS ROAD BANGALORE R/AT NO. 1ST FLOOR 3RD CROSS. . ST.30. ST.. ST. SENIOR ADVOCATE FOR SRI SANDESH J CHOUTA. SHIVANNA.) . ST. PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO. BANGALORE . BANGALORE . BANGALORE . SUNDERRAJ K. JAYALAKSHMI NIVAS 40TH CROSS. YAMUNABAI ROAD MADHAVANAGAR.82 18. PETITIONERS (BY SRI B V ACHARYA. 59 YEARS OFFICE MANAGER PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO.19.01 19. GOVIND B THAKARAL S/O MR BEHARILAL LAKSHMANDAS.01 17. MARK’S ROAD BANGALORE – 560 011 R/AT NO. 39 YEARS PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO. 50 YEARS PRESENT YEAR COMMITTEE MEMBER BOWRING INSTITUTE NO. 1.

.2014 PASSED BY VIII ACMM AT BANGALORE. 8 to 18 and 20 to 22 in Crime No.260 9TH ‘A’ MAIN ROAD JAYANAGAR III BLOCK BANGALORE – 560 001. . RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE. have sought for quashing of proceedings. REP. PRAYING TO SET ASIDE THE ORDER DATED 09. HCGP FOR R1.01. BY THE STATE PUBLIC PROSECUTOR STATE OF KARNATAKA HIGH COURT BUILDING BANGALORE – 560 001 2.11/2014 which was registered pursuant to reference of PCR No. SRI AMAR CORREA.2 to 6.. THIS PETITION COMING ON FOR ADMISSION THIS DAY. MR.P. FOR R2) THIS PETITION IS FILED UNDER SECTION 482 CR. BANGALORE. 30 YEARS R/A NO. IN PCR NO. SURYAMUKHI BULL TEMPLE ROAD BANGALORE – 560 019 PRESENTLY R/A NO. JAGMOHAN B S/O JAYAPRAKASH BUTADA. ADV. . THE COURT MADE THE FOLLOWING: ORDER The petitioners arrayed as accused no. THE STATE OF KARNATAKA THROUGH CUBBON PARK POLICE STATION.848/2014 PRODUCED HERETO AS ANNEXURE-A & ETC.C. 5 AND: 1..99/3.848/2014.

the managing .3) was the Secretary.Amar Correa. learned counsel for second respondent and Sri. later.000/. the second respondent had gone to the club as a member on three occasions.8. I have heard Sri.B.2) was the President and second petitioner (accused no. 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. learned Government Pleader for the State.Acharya. It is the case of second respondent that he wanted to become a member of Bowring Institute of which the first petitioner(accused no.V.2 and 3) on their assurance of getting a membership to the second respondent.10 Lakhs to be paid to obtain membership on out of turn basis. 6 2.as against a sum of Rs.Vijaykumar Majage.1 and 2 (accused no.500/.50. 3. The second respondent has alleged that he had paid a sum of Rs. learned Senior Counsel for petitioners and Sri.to petitioners no. the second respondent was given a dependent membership. later.

12. 7 committee of the club caused notice for which there was no proper response from the second respondent. As regards petitioner’s no. Thereafter. later. the second respondent has alleged that he had paid a sum of Rs.1 and 2.B. these averments of complaint cannot be disbelieved. At this stage. Even in the .Acharya.3 to 19. 5. 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.V. 4. the second respondent lodged a complaint in PCR No.to them on their assurance of getting him membership in Bowring Institute. the averments of complaint accepted on their face value do not constitute any of the offences alleged against petitioner’s no. the dependant membership of second respondent was terminated.50.8. In my considered opinion. Sri. 848/2014 making several allegations not only against accused no.500/-.2 and 3 but also against other committee members of the Bowring Institute.000/.

2 and 3) is dismissed. 8 reply notice caused by second respondent. I pass the following: ORDER The petition is accepted in part. these factual controversies cannot be decided in a petition filed under Section 482 Cr. The investigation officer shall proceed with the investigation against petitioners 1 and 2 (accused no. The petition as it relates to petitioners 3 to 19 (accused no. The investigation against petitioners 3 to 19 is quashed. he had not whispered that he had paid a sum of Rs.1 and 2 (accused no.000/.4 to 6.8.2 and 3).50.to petitioners no. The petitioners 1 and 2 are also at liberty to produce the documents which are in their possession before the .2 and 3). Therefore. 8 to 18 and 20 to 22) is accepted. The petition as it relates to petitioners 1 and 2 (accused no.P. In my considered opinion.C.

Sd/- JUDGE Np/- . 9 investigation officer and the investigation officer shall consider the same impartially.