Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3315 WP No. 1626 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1626 OF 2025 (GM-RES) BETWEEN:
SMT. RAMYA K.R, W/O ALLAMABRAHU T K, AGED ABOUT 38 YEARS, R/O AT MUDIGERE VILLAGE, BUGUDANAHALLI POST, BELLAVI HOBLI, TUMAKURU TALUK AND DISTRICT-572 107.
MOB: 9206650261 …PETITIONER (BY SRI V B SIDDARAMAIAH, ADVOCATE)
AND:
1.
THE POLICE INSPECTOR, TUMAKURU TOWN POLICE STATION, NEAR DC OFFICE, TUMAKURU-572 101.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, CUBBON PARK, BENGALURU-560 001.
2.
THE MANAGER, AXIS BANK, GROUND FLOOR, SIDDAGANGA OFFICE COMPLEX, B H ROAD, TUMAKURU-572 104.
3.
SRI T K ALLAMAPRABHU, S/O LATE T B KUMARASWAMY, R/O AT MUDIGERE VILLAGE, BUGUDANAHALLI POST, BELLAVI HOBLI, TUMAKURU TALUK AND DISTRICT-572 107. …RESPONDENTS (BY SMT. M.M WAHEEDA, HCGP FOR R-1;
Digitally signed by NANDINI R Location: High Court of Karnataka
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NC: 2025:KHC:3315 WP No. 1626 of 2025
SRI M UNNIKRISHNANAN, ADVOCATE FOR R-2;
SMT. CHAITANYA.S.G AND SRI MANOJ.S, ADVOCATES FOR R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO. 293/2024 DATED 16.07.2024, REGISTERED BY THE R-1 - TUMAKURU TOWN POLICE STATION, TUMAKURU, FOR THE ALLEGED OFFENCE U/S 327, 328, 308, 420, 465, 468, 34 OF IPC, VIDE ANNEXURE-D, REGISTERED ON THE COMPLAINT OF THE R-2 ALLAMAPRABHU, DATED 16.07.2024 VIDE ANNEXURE-C ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"a. Issue a Writ of Certiorari or any writ or order to quash direct the FIR in Crime No. 293/2024 dated 16.07.2024, registered by the 1st Respondent - Tumakuru Town Police Station, Tumakuru, for the alleged offence u/s 327, 328, 308, 420, 465, 468, 34 of IPC, vide Annexure-D, registered on the complaint of the 2nd Respondent-Allamaprabhu, dated 16.07.2024, vide Annexure-C with respect to Petitioner. b. Issue a Writ a Mandamus or any other writ or
order directing the 2nd Respondent-The Manager, Axis Bank, Ground Floor, Siddaganga Office Complex, B.H Road, Tumakuru, to de-freeze bank account of the petitioner, in account No. 923020064938888, vide
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NC: 2025:KHC:3315 WP No. 1626 of 2025
Annexure-K, by considering the letter of the 1st Respondent 10.12.2024, bearing No. TTPS/Case No. 206/2024 vide Annexure-J, in favour of Petitioner. c. Pass such other orders, as the Petitioners is entitled to in the facts an circumstances of the case, including the costs of the proceedings, in the interest of justice and equity."
2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent no.1, learned counsel for respondent no.2-Bank and learned counsel for respondent no.3-compalinant and perused the material on record.
3. A perusal of the material on record would indicate that pursuant the complaint given by the respondent no.3- complainant against the petitioner, FIR in Crime No.293/2024 was registered against the petitioner for the alleged offence under Sections 327, 328, 308, 420, 465, 468 r/w 34 of IPC.
4. In pursuance of the same, the second respondent- Bank in pursuance of the letter dated 10.12.2024, freezed the bank account of the petitioner bearing No.923020064938888.
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NC: 2025:KHC:3315 WP No. 1626 of 2025
5. Aggrieved by the impugned proceedings of freezing of the bank account, the petitioner is before this court, by filing the present petition.
6. Learned counsel for respondent no.3-complainant along with the complainant who is physically present before the court, submits that they have settled the matter amicably with the petitioner-accused and that they have no objection for the proceedings to be quashed and the account of the petitioner to be defreeezed as indicated in the letter dated 10.12.2024 at Annexure-A.
7. In view of the joint submission made by the learned counsel for petitioner and learned counsel for respondent nos.2 and 3 as well as learned HCGP, I deem it just and appropriate to quash the impugned proceedings and direct defreezing of the account of the petitioner.
8. Hence, the following:
ORDER a. The petition is hereby allowed. b. The impugned proceedings in Crime No.293/2024 registered against the petitioner for the alleged
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NC: 2025:KHC:3315 WP No. 1626 of 2025
offence under Sections 327, 328, 308, 420, 465, 468 r/w 34 of IPC is quashed qua the petitioner. c. Respondent no.2-Bank is directed to defreeze the account of the petitioner immediately upon receipt of copy of this order.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
NP List No.: 1 Sl No.: 91