in the high court of karnataka at bengaluru dated this the 18th day of

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY 2015
BEFORE
THE HON’BLE MR.JUSTICE N.ANANDA
CRIMINAL PETITION NO.6682 OF 2014
BETWEEN:
PREMA H.B. @ PREMA SHIVA KUMAR
AGED ABOUT 33 YEARS,
#137, RENUKA NILAYA,
2ND FLOOR, 13TH MAIN,
5TH CROSS,
M.T.STREET,
KODIHALLI,
BANGALORE – 560 072.
...PETITIONER
(BY SRI PRAVEEN R.J.S. FOR SRI G.PAPI REDDY, ADV.)
AND:
1.
STATE BY JB POLICE STATION
REPRESENTED BY S.P.P .,
HIGH COURT OF KARNATAKA
BANGALORE – 560 075.
2.
D.R.TILAK,
S/O LATE M.D.RAJENDRAN,
AGED ABOUT 41 YEARS,
#944, “D” BLOCK, SAHAKARANAGAR,
BANGALORE – 560 092.
...RESPONDENTS
(BY SRI VIJAYAKUMAR MAJAGE, HCGP. FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.50305/13 PENDING ON THE FILE OF THE X
ADDITIONAL C.M.M., MAYOHALL,
BANGALORE CITY, AND
CONSEQUENTLY, THE FIR AND THE CHARGE SHEET
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REGISTERED PURSUANT TO THE COMPLAINT IN CRIME
NO.231/11 IN SO FAR AS THE PETITIONER IN CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT, MADE THE FOLLOWING:
ORDER
When the matter was taken up for hearing, learned
Counsel for the petitioner brought to the notice of this court
that charge sheet has been filed against the petitioner
(accused No.2) and her husband Shivakumar (accused No.1).
2. The learned Government Pleader has also brought
to my notice that in the bail application filed before the court
below,
petitioner
has
given
her
address
as
“Prema
Shivakumar w/o Shivakumar, residing at S-01, Lokesh
House,
Kodihalli,
HAL
III
Stage,
Near
Leela
Palace,
Bangalore”. In the instant petition, the petitioner has given
her address as “Prema H.B. @ Prema Shivakumar, residing at
# 137, Renuka Nilaya, 2nd Floor, 13th Main, 5th Cross,
M.T.Street, Kodihalli, Bangalore-560 072”. The petitioner has
suppressed that she is the wife of first accused.
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3. The statements of the witnesses would reveal that
the petitioner along with her husband induced the second
respondent
to
invest
a
sum
of
Rs.20
lakhs
with
M/s.S.S.Tours & Travels, which was being managed by the
petitioner and her husband.
They had assured second
respondent of higher returns with interest. There is prima
facie material to constitute an offence punishable under
Section 420 of IPC. There are no reasons to quash the final
report.
The petition is dismissed reserving liberty to petitioner
to plead for discharge before the trial court.
Sd/JUDGE
KNM/-
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