Karnataka High Court
WP/32803/2024 of SRI CHANDRAKANTH BILLAVA Vs THE STATE OF KARNATAKA on 1 October 2026
CNR: KAHC010649782024 NC: 2026:KHC:55007 WP No. 32803 of 2024 C/W WP No. 34005 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.32803 OF 2024 (GM-RES) C/W WRIT PETITION No.34005 OF 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION No.32803 OF 2024 (GM-RES)
C/W WRIT PETITION No.34005 OF 2024 (GM-RES)
IN WP No.32803/2024
BETWEEN:
SRI CHANDRAKANTH BILLAVA
S/O LATE DURGAPRASAD
AGED ABOUT 50 YEARS,
R/AT KERKATTE, BASROOR VILLAGE,
KUNDAPURA TALUK
UDUPI DISTRICT -576 211
…PETITIONER
(BY SRI ARUNA SHYAM.M, SENIOR ADVOCATE FOR
SRI SUYOG HERALE.E, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
THROUGH KOLLUR PS,
REP. BY SPP
HIGH COURT OF KARNATAKA
BUILDING,
BENGALURU - 560 001
2.
THE EXECUTIVE OFFICER
TALUK PANCHAYATH,
KUNDAPURA TALUK
UDUPI DISTRICT - 570 218
…RESPONDENTS
(BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT PLEADER
FOR R1;
SRI ASHOK N. NAYAK, ADVOCATE FOR R2)
Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C NO.672/2023 (OLD CASE
NO.2463/2011) PENDING ON THE FILE OF HON’BLE COURT OF
CIVIL JUDGE AND JMFC, BAINDURU, FOR THE ALLEGED
OFFENCE UNDER SECTION 406 AND 408 OF IPC. (PRODUCED
AT ANNEXURE-A, B, C AND D AND ETC.,
IN WP No.34005/2024
BETWEEN:
SRI. CHANDRAKANTH BILLAVA,
S/O LATE DURGAPRASAD,
AGED ABOUT 50 YEARS,
R/AT KEREKATTE, BASROOR VILLAGE,
KUNDAPURA TALUK
UDUPI DISTRICT- 576 211
...PETITIONER
(BY SRI ARUNA SHYAM.M AND SRI SUYOG HERALE.E, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA
THROUGH KOLLUR P S
REP. BY SPP
HIGH COURT OF KARNATAKA
BUILDING, BENGALURU - 560 001
2.
THE EXECUTIVE OFFICER
TALUK PANCHAYATH
KUNDAPURA TALUK
UDUPI DISTRICT - 570 218
...RESPONDENTS
(BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT
PLEADER FOR R1;
HC-KAR
SRI ASHOK N. NAYAK, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION
482 CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH
ENTIRE PROCEEDINGS IN C.C.NO.405/2023 (OLD CASE
NO.1223/2021) PENDING IN THE FILE OF HON’BLE COURT
OF CIVIL JUDGE AND JMFC, BAINDURU, FOR THE ALLEGED
OFFENCES UNDER SECTION 403, 406 AND 409 OF INDIAN
PENAL CODE ARISING OUT OF FIR, COMPLAINT AND
CHARGESHEET IN CRIME NO.04/2010 (PRODUCED AT
ANNEXURE-A, B, C AND D) AND ETC.,
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
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ORAL ORDER
Heard Sri Aruna Shyam, learned Senior Advocate for the petitioner, Sri Ashok N. Nayak, learned counsel for respondent No.2 and Smt.Waheeda M.M., learned High Court Government Pleader.
2. At the outset, learned Senior Advocate would submit that in similar circumstances, co-ordinate Bench of this Court has quashed the pending criminal proceedings by noting the fact that similarly placed Panchayat Development Officer had agreed to repatriate the misappropriated amount with interest,
HC-KAR
pursuant to the departmental enquiry and same benefit be granted to the present petitioner also.
3. Learned High Court Government Pleader and Sri Ashok N.Nayak , learned counsel for respondent No.2 do not dispute the factual aspects involved in these cases as well as factual aspects involved in W.P.No.11821/2015 disposed of on 25.04.2017 are identical.
4. Since the petitioner in both these petitions has agreed to repatriate the misappropriated amount with interest, noting the fact that incident has occurred long ago and letter written by respondent No.2 is also in the year 2011, the benefit provided to the petitioner in W.P.No.11821/2015 has to be accorded to the present petitioner also.
5. Hence, the following:
ORDER
(i) Petitions allowed.
(ii) Consequently, criminal proceedings in C.C.No.672/2023 (old case No.2463/2011) and C.C.No.405/2023 (old case No.1223/2012) both pending on the file of the Civil Judge and JMFC,
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Bainduru, stand quashed, subject to recovery of entire misappropriated amount with interest.
(iii) In view of disposal of the petitions, pending applications if any, stand consigned to record.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 89 CT:VRR