IN THE COURT OF HON’BLE ADDITIONAL CIVIL JUDGE &

J. M. F. C. AT: KUSHTAGI
PCR No. _______ of 2024

IN THE MATTER OF:

Royal Sundaram General Insurance Co. Ltd. … Complainant
Versus
Mrs. Gangamma & Ors …Accused(s)

INDEX

[Link]. Description Page No.

1. Application u/s 175(3) r/w 223 Of The

Bhartiya Nagarik Suraksha Sanhita, 2023
(BNSS) Along with affidavit in support.

2. List of Documents

3. Vakalatnama
 4. Process Memo

Advocate for the Complainant

Place: Kushtagi
Date: 20-11-2024

IN THE COURT OF HON’BLE ADDITIONAL CIVIL JUDGE &

J. M. F. C. AT: KUSHTAGI
PCR No. _______ of 2024

IN THE MATTER OF:

Royal Sundaram General Insurance Co. Ltd. … Complainant
Versus
Mrs. Gangamma & Ors …Accused(s)
APPLICATION U/S 175(3) R/W 223 OF THE BHARTIYA NAGARIK
SURAKSHA SAMHITA, 2023 (BNSS), SEEKING DIRECTIONS TO THE
POLICE FOR THE REGISTRATION OF AN FIR AND
INVESTIGATION OF THE CASE

MOST RESPECTFULLY S OWETH: -

I. The address of the complainant for the purpose of service of summons,

notice etc. from Hon’ble court is stated in the cause title. The complainant
may also be served under the care of their advocate(s)

II. The address of the accused is-

1. Gangamma,
W/o Late Sanneppa Mudgal,
R/o Timmapur,
Taluk Maski,
Raichur District.
Karnataka. … Accused No.1

2. Mr. Yamanoora Gollar,

S/o Parashuram Gollar,
Timmapur Village,
Kannal, Lingasugar,
Raichur, Karnataka. … Accused No. 2

3. Mr. Nagappa,
S/o Yankappa,
Timmapur Village,
Kannal, Lingasugar,
Raichur, Karnataka … Accused No.3

The complainant most humbly submits as under.

1. The Petitioner is a private limited company registered under the
provisions of the Indian Companies Act, 1956 and is engaged in the
business of providing various Insurance based services. The Petitioner is
represented by its authorized representative, Mr. Karibasaveshwar S/o
Lakshman Holemmanavar, who is currently employed as an Investigation
Manager with the complainant company. [A copy of the authorization
letter dt: 07-08-2024 is marked herewith as Document No-1.]

2. That the present Complainant Royal Sundaram General Insurance Co.

Ltd. (hereinafter referred as “Company”), has been constrained to file
the present Complaint Case before this Hon’ble Court against the accused
Mrs. Gangamma (Hereinafter Accused No.1) for their acts of
Misrepresentation, Cheating, Fraud and Misleading information
given to Police, punishable under the Bharatiya Nyaya Samhita, 2023
and for filing fraudulent claim compensation under Motor Accidents
Claims Tribunal in the present accident.

3. That the present Criminal Complaint is upon a receipt of summons from

Motor Accidents Claims Tribunal, Lingasur under OP (MV) No.
517/2022, for death of one Raghavendra i.e. deceased son of the Accused
No.1 allegedly caused by the rash and negligent driving of Accused No. 2
who was riding Two-wheeler bearing Registration No. KA16-EK-1858
On 06-05-2022 at about: 04-30 PM, near to the Chandamma W/o
Narasappa Goudra Agri. land, MavinaItagi Village Limits,
Gudadoorukal-MavinItagi Road.

4. That according to the Crime No. 0061/2022 dated 06.05.2022, On 06-05-

2022 at about 04-30 PM, Near to the Chandamma W/o Narasappa Goudra
Agri land, Mavina Itagi Village Limits, Gudadoorukal-Mavin Itagi Road,
 at that time IV Motor cycle with Reg. bearing No: KA-16-EK-1858 rider
Yamanuru i.e Accused No.2 riding Motor cycle in rash and negligent
manner dashed to the road left side Tree due to this impact the pillion
rider Raghavendra (Son of the Accused No.1) died on the spot.
Thereafter, the Accused No.1 filed a complaint against Accused No. 2 for
his rash and negligent driving. An FIR bearing Crime No. 0061 of 2022
dated 06.05.2022 was registered by the Hanumasagar Police Station
based on the complaint filed by the Accused No.1 herein. Thereafter, a
Chargesheet dated 05.04.2023 is filed. [A copy of the FIR along with
the Complaint given by the Accused No.1 and Chargesheet is marked
herewith as Document No-2(Colly) and Document No-3 respectively]

5. That as an internal procedure, the Present company conducted an internal

investigation on receipt of court summons and found out the complaint
filed by Accused No.1 contains false information about the alleged
accident.

6. That based on our internal investigation, it was also found that the alleged
accident did not occur as per the narration stated in the complaint. That
the narration mentioned in the complaint is only an afterthought and in
fact it is a case of murder converted to RTA. The truth of the same is
based on the statement obtained by none other than the mother of the
deceased (Accused No.1 herein) who confirmed in her written statement
and video recording that her son Raghavendra has been murdered by the
Accused No.2 herein i.e. Mr. Yamanoora Gollar and his death is not due
to the alleged accident, since the Accused No.2 is a relative of one Mr.
Dyamappa S/o Thimmanna who is working in the Police Department.
Therefore, due to his influence the police authorities have changed the
complaint version as an accident and denied taking complaint as murder.
 The Complainant i.e. the Accused No.1 has further mentioned in her
statement that the Accused No.2 was under the impression that deceased
Raghavendra was having love affair with his younger sister hence he
murdered her son. (Copy of the written statement of the Accused No.1
and the photographs taken on the spot is marked as Document No-4
and Document No-5 respectively)

7. That the Accused No.1 and her family members have also visited SP
office Koppal to address the issue but there also the police have denied
taking her complaint as murder and the same was reported in local
Newspaper. (Copy of the Newspaper cutting published in the local
News Paper is marked as Document No-6)

8. That as per the narration in police records Motorcycle dashed to the road
side tree but on close observation of the real time photos of Motor Cycle
front both shock absorbers damaged, head light mask damaged, steering
handle damaged, but Motor Cycle mudguard didn't get damaged and
there is not even visible scratch's found in mud guard which is highly
suspicious. For the IV Motor Vehicle Accident Report dated 17.05.2022
submitted by the concerned Police Authorities. (Copy of the Motor
vehicle Accident Report is marked as Document No-7)

9. That the concerned police authorities under the influence of one

Dyamappa have filed FIR under the rash and negligent driving for cause
of the death and not under the charges of murder. Thus, making the
present matter a clear case of Misrepresentation of facts. That the fact that
the collusion of the alleged two-wheeler bearing Reg. No. KA16-EK-
1858 with a roadside tree as the cause of the death of the is not at all true.
That it is a gruesome murder due to some personal enmity and the same
was concealed with complete knowledge of the accused and the police
 and the same would disentitle them to claim the Accidental Insurance.
The injury on the deceased confirms cut marks and injuries on the face of
the deceased and the same is mentioned in the Postmortem Report dated
07.05.2022 of the Karnataka Medical Department. Further, as per
Postmortems Report the probable cause of death is due to intracran ial
hemorrhage as a result of head injury secondary to blunt force trauma.
The injury mentioned as irregular grazed abrasions in many parts of the
body which invites strong suspicion on the Complaint given by the
Accused No.1 and the contents of the FIR. (Copy of the Post Mortem
report as filed is marked as Document No-8)

[Link], on a careful study of the facts and attached supporting documents, it

can be clearly made out, that the present matter is a clear case of
Misrepresentation of facts done with an oblique intent of avoiding the
legal liability and enriching themselves at the cost of public money
(through claim amount).

[Link] have written a Police complaint to the Inspector of Police,

Hanumasagar Police Station, Koppal District however the Police did not
take any action on the complaint dated 17.06.2024 (A copy of the Police
complaint filed is marked as Document-9)

[Link] the Police did not take any action to the complaint, we have also
issued a gentle reminder as to the requisition for filing an FIR before the
Inspector of Police dated 06.08.2024 (A copy of the Gentle reminder as
filed is marked as Document-10)

[Link] spite of the Police complaint, the present complainant had approached
the Superintendent of Police and filed an escalation complaint before the
 Superintendent of Police, Office of The Superintendent of Police, Koppal
on 17.06.2024 (A copy of an escalation complaint as filed is marked as
Document-11)

14. However, in spite of filing the same before the Senior Police officials no
action has been taken on our complaint.

[Link] is pertinent to be noted that a false case has been registered and it is a
sheer case of Misrepresentation of facts, cheating, fraud and fraudulent
claim.

[Link], in the interest of justice it is prayed to take cognizance of the

complaint and necessary directions may kindly be issued to the Police to
investigate the present case and lodge an FIR.

[Link] the acts of the Accused disclose the commission of cognizable

offences and hence the police was duty bound to register an FIR on
Complaint dated 17.06.2024, as filed by the Company/Complainant
before The Inspector-in-charge/SHO, Hanumasagar Police Station,
Koppal District and subsequent complaint before the Superintendent of
Police dated 17.06.2024 as per the Criminal Procedure Code, 1973.

[Link] the offences have been committed within the local jurisdiction of
this Hon’ble Court and hence the Hon’ble Court has the power to try the
present complaint case.

[Link] there has been no delay in reporting the matter to the police or to
this Hon’ble Court. As such, the present complaint case has been filed as
per the procedure established by law.
[Link] according to various judgements by Hon’ble Supreme Court of India
and Hon’ble High Court(s), this Hon’ble Court can direct the police to
register an F.I.R against the Accused for cheating and impeding the
reputation of the Complainant Company. That as per the judgment of the
Hon’ble Supreme Court of India in Lalita Kumari v. Government of
Uttar Pradesh [AIR 2014 SC 187].

"The word "shall" used in section 154³ of Code of Criminal

Procedure, 1973 (hereinafter called "CRPC") leaves no
discretion in police officer to hold preliminary inquiry before
recording FIR. Use of the expression "information" without any
qualification also denotes that police have to record the
information despite it being unsatisfied by its reasonableness or
credibility",
The police officials are duty bound to register an FIR upon receipt of a
complaint which discloses the commission of a cognizable offence. As
per settled law, at this stage the credibility or veracity of the information
is not required to be gone into. A perusal of the complaints made to the
police authorities would clearly show the commission of the cognizable
offences by the accused persons.

[Link] present case has been filed with bonafide intent and in the interest of
justice.

[Link] the complainant has a prima facie case in his favor and for the
proper adjudication of the case, it is very much necessary that the Officer-
In-Charge, Hanumasagar Police Station, Koppal District to be directed to
register an FIR and conduct a fair investigation in this respect.
 [Link] the complainant has been approaching the police as well as other
higher authorities on numerous occasions even after filing of the
complaint, reminder and escalation letter to superintendent of Police,
whatsoever the police has failed to take any action against the accused
person and hence the complainant has no other remedy but to approach
this Hon’ble Court.
PRAYER
WHEREFORE the complainant above named most respectfully prays that
this Hon’ble Court may be pleased to:

1. To pass appropriate directions to the concerned Police officials to

register an F.I.R and investigate the present matter.
2. Any other or further order which the Hon’ble Court may deem fit
and proper as per the facts and circumstances of this case may also
be passed in favour of the complainant and in the interest of justice.

Place: Kushtagi Complainant

Date: 20-11-2024

[Link]
Advocate for Complainant
IN THE COURT OF HON’BLE ADDITIONAL CIVIL JUDGE &
J. M. F. C. AT: KUSHTAGI
PCR No. _______ of 2024

IN THE MATTER OF:

Royal Sundaram General Insurance Co. Ltd. … Complainant
Versus
Mrs. Gangamma & Ors …Accused(s)
 A F F I DA V I T
I, Mr. Karibasaveshwar S/o Lakshman Holemmanavar, Age:29Yrs. Occ:
Investigation Officer in Royal Sundaram General Insurance Co .Ltd. R/o Hubli,
at No: 11, 13 & 14, 2nd Floor, SKD Height’s and Opposite: Reliance Digital,
Vidyanagar, Po: Hubballi-580031 & also authorised agent do hereby solemnly
affirm and stated as under:-

1. I say that I am the Complainant on behalf of the company in the present

matter and well conversant with the facts and circumstances of the case,
and hence competent to depose before this Hon’ble Court.

2. I say that the accompanying complaint case U/Sec. 175(3) r/w 223 Of
The Bhartiya Nagarik Suraksha Samhita, 2023, has been drafted by my
counsel under my instructions and the contents of the said complaint has
been explained to me by my lawyer and I accept the same to be true and
correct and same are not to be repeated here in sake of brevity and same
may please be read as part and parcel of the present affidavit.
 3. I state on Oath that, priorly, on behalf of company, a letter complaint was
given to P.S.I. Hanamasagar On 17-06-2024 through Regd. Post but he
did not take any legal action. Hence, a gentle reminder was sent again to
him by the Company through Regd. Post dt: 06-08-2024. .

DEPONENT

[Link] L. Holemmanavar Authorised

Agent for Royal Sundaram General Ins. Co. Ltd. Hubli

VERIFICATION:

Verified at Kushtagi on this 20th Day of November 2024. That the contents of
the affidavit are true, correct and best of my knowledge and belief and nothing
has been concealed therefrom.

Place: Kushtagi Deponent

Date: 20-11-2024

Identified By Me:

[Link] Advocate, Kushtagi.

 IN THE COURT OF HON’BLE ADDITIONAL CIVIL JUDGE &
J. M. F. C. AT: KUSHTAGI
PCR No. _______ of 2024
IN THE MATTER OF:
Royal Sundaram General Insurance Co. Ltd. … Complainant
Versus
Mrs. Gangamma & Ors …Accused(s)

LIST OF DOCUMENTS
S. Description Page
No. No.
1. Document No. 1:
Letter of Authorization dated _______, in favour of Mr.
Karibasaveshwar Holemmanavar , for proceeding with the
matter against the Accused.

2. Document No. 2 (Colly):

A copy of the FIR No. 0061 of 2022 dated 06.05.2022
along with the Complaint given by the Accused No.1
herein.
3. Document No. 3:
A copy of the Chargesheet dated 05.04.2023

4. Document No. 4:
A copy of the written statement of the Accused No.1 i.e
Mrs. Gangamma (Mother of the deceased)

5. Document No. 5:
A copy of the photographs taken on the accident spot

6. Document No. 6:
A copy of the News published in the local News paper

7. Document No. 7:
A copy of the Motor Vehicle Accident Report dated
17.05.2022

8. Document No. 8:
A copy of the Post-Mortem Report dated 07.05.2022

9. Document No.9:
Copy of the Police Complaint dated 17.06.2024 filed by
Complainant.
10. Document No.10:
Place: Kushtagi [Link]
Date: 20-11-2024 Advocate for the Complainant