- 1 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11984 OF 2024 C/W CRIMINAL PETITION NO. 11661 OF 2024 CRIMINAL PETITION NO. 11722 OF 2024 IN CRL.P No. 11984/2024 BETWEEN: G. T. GOPALA S/O THIMMEGOWDA G., AGED ABOUT 54 YEARS, ELECTRICAL CONTRACTOR, NO.68, BEGUR WOODS, BEGUR, BENGALURU – 68. …PETITIONER (BY SRI PARASHURAM R. HATTARAKIHAL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HULIMAVU P.S., REPRESENTED BY SPP, HIGH COURT BLDGS., BENGALURU – 560 001. 2. MUNIYAPPA @ Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 CHIKKAMUNIYAPPA S/O LATE PUTTAIAH, AGED ABOUT 64 YEARS, R/AT NO.2/3/1, NYANAPPANAHALLI, BEGUR POST, BENGALURU – 68. …RESPONDENTS (BY SRI P.THEJESH, HCGP FOR R-1; SRI S.G.RAJENDRA REDDY, ADVOCATE FOR SRI C.R.RAGHAVENDRA REDDY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNNS) PRAYING TO SETASIDE THE ORDER DATED 05.10.2019 (ANNEXURE-A) PASSED BY THE 1ST ADDL. C.M.M., BENGALURU IN CR.NO.149/2019 AND CONSEQUENTLY DISMISS THE APPLICATION DATED 31.08.2019 FILED BY 2ND RESPONDENT U/S 451 AND 457 OF CR.PC., AND FURTHER DIRECTED THE 2ND RESPONDENT TO DEPOSIT THE RELEASE AMOUNT OF RS.1,89,98,000/- IN P.F.NOS.58 AND 59/2019 IN CR.NO.149/2019 AND SAME TO BE DEPOSITED BEFORE THE LEARNED SESSIONS JUDGE (CCH-64) IN S.C.NO.1838/2022 TILL COMPLETION OF THE TRIAL. IN CRL.P NO. 11661/2024 BETWEEN: G. T. GOPALA S/O THIMMEGOWDA G., AGED ABOUT 54 YEARS ELECTRICAL CONTRACTOR NO.68, BEGUR WOODS BEGUR, BENGALURU – 68. ...PETITIONER (BY SRI PARASHURAM R. HATTARAKIHAL, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 AND: 1. STATE OF KARNATAKA BY HULIMAVU P.S., REPRESENTED BY SPP HIGH COURT BLDGS., BENGALURU - 560 001. 2. MUNIYAPPA @ CHIKKAMUNIYAPPA S/O LATE PUTTAIAH AGED ABOUT 64 YEARS R/AT NO 2/3/1 NYAPPANAHALLI BEGUR POST BENGALURU – 68. ...RESPONDENTS (BY SRI P.THEJESH, HCGP FOR R-1; SRI S.G.RAJENDRA REDDY, ADVOCATE FOR SRI C.R.RAGHAVENDRA REDDY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNNS) PRAYING TO SETASIDE THE ORDER DATED 10.02.2020 (ANNEXURE-A) PASSED BY THE 1ST ADDL. C.M.M., BENGALURU IN CR.NO.149/2019 AND CONSEQUENTLY DISMISS THE APPLICATION DT.13.01.2020 FILED BY 2ND RESPONDENT U/S 451 AND 457 OF CR.P.C, AND FURTHER DIRECTED THE 2ND RESPONDENT TO DEPOSIT THE RELEASE AMOUNT OF RS.55 LAKHS IN P.F.NOS. 65, 66, 68, 69 AND 70/2019 IN CR.NO.149/2019 AND SAME TO BE DEPOSITED BEFORE THE LEARNED SESSIONS JUDGE (CCH-64) IN S.C.NO.1838/2022 TILL COMPLETION OF THE TRIAL. - 4 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 IN CRL.P NO. 11722/2024 BETWEEN: G. T. GOPALA S/O THIMMEGOWDA G., AGED ABOUT 54 YEARS, ELECTRICAL CONTRACTOR, NO.68, BEGUR WOODS, BEGUR, BENGALURU – 68. ...PETITIONER (BY SRI PARASHURAM R. HATTARAKIHAL, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HULIMAVU P.S., REPRESENTED BY SPP, HIGH COURT BLDGS., BENGALURU – 560 001. 2. MUNIYAPPA @ CHIKKAMUNIYAPPA S/O LATE PUTTAIAH, AGED ABOUT 64 YEARS, R/AT NO.2/3/1, NYANAPPANAHALLI, BEGUR POST, BENGALURU – 68. ...RESPONDENTS (BY SRI P.THEJESH, HCGP FOR R-1; SRI S.G.RAJENDRA REDDY, ADVOCATE FOR SRI C.R.RAGHAVENDRA REDDY, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 28.08.2020 (ANNEXURE-A) PASSED BY THE 1ST ADDL. - 5 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 C.M.M, BENGALURU IN CR.NO.149/2019 AND CONSEQUENTLY DISMISS THE APPLICATION DATE 31.08.2019 FILED BY 2ND RESPONDENT U/S 451 AND 457 OF CR.P.C ; AND FURTHER DIRECTED THE 2ND RESPONDENT TO DEPOSIT THE RELEASE AMOUNT OF RS. 1,35,00,000/- IN P.F.NOS. 12, 16 AND 50/2019 IN CR.NO. 149/2019 AND SAME TO BE DEPOSITED BEFORE THE LEARNED SESSIONS JUDGE (CCH-64) IN S.C.NO.1838/2022 TILL COMPLETION OF THE TRIAL. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – accused No.1 in S.C.No.1838/2022, common in all the petitions, is at the doors of this Court calling in question orders dated 05.10.2019, 10.02.2020 and 28.08.2020, passed by I Additional Chief Metropolitan Magistrate, Bengaluru, on the applications respectively, filed by the petitioner under Sections 451 and 457 of the Cr.P.C., whereby, allowing the applications with a direction to transfer certain amounts to the account of the victim, albeit, on certain conditions. - 6 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 2. Heard Sri Parashuram Hattarakihal, learned counsel for petitioner, Sri P. Tejesh, learned High Court Government Pleader for respondent No.1, Sri S.G.Rajendra Reddy, learned counsel for Sri C.R.Raghavendra Reddy, learned counsel for respondent No.2. 3. It is submitted that the amount as directed by the concerned Court in terms of the impugned orders, is already been transferred into the account of respondent No.2 - victim. 4. The petitioner, at this juncture, would contend that the orders of the concerned Court i.e., the learned Magistrate is without hearing the petitioner - accused No.1. The petitioner becoming an accused is on account of the fact that a complaint comes to be registered by the second respondent alleging that the petitioner - accused No.1 along with others have hatched conspiracy, abducted the victim and took away `6.5 crores from the hands of the victim. Therefore, the matter is pending consideration in S.C.No.1838 of 2022, where the offences against the petitioner - accused No.1 are the ones punishable under Sections 120B, 364A, 342, 323, 386 and 506 of the IPC. - 7 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 5. It transpires that respondent No.2 files applications under Sections 451 and 457 of the Cr.P.C. before the concerned Court and the concerned Court in terms of the impugned orders, directs to release the amount into the account of the victim, on conditions. 6. The allegation now is that, the accused is not heard while it is desirable or imperative that the accused also be heard in the matter, at the time when the victim files an application and a direction is issued to transfer an amount into the account of the victim. One such order impugned, dated 05.10.2019, in Crl.P.No.11984/2024, reads as follows: “ORDER ON APPLICATION FILED BY THE APPLICANT UNDER SECTIONS 451 & 457 OF Cr.P.C. The petitioner namely Muniyappa has filed the application u/s 451 and 457 of Cr.P.C. with a prayer for giving the interim custody of property in item No.2- 100 rupee note 35 bundles and separately 26 notes totally 3526 notes amount Rs.3,52,600/-, 500 notes 128 bundles and separately 12 notes and total notes 12,812 which totally Rs.64,06,000/- only. 20 notes 17 no. which is Rs.3,400/- and 2000 notes 26 bundles separately 19 notes totally 2,619 notes which is Rs.52,38,000/- totally 1 crore 20 lakhs, item No.3- 500 notes 60 bundles and 100 rupee notes 6000 which totally Rs.30 lakhs only item No.3 totally 1 - 8 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 crore 50 lakhs only in P.F.No.58/19 and in item No.1-2000 rupee note 400 nos. total Rs.8 lakhs 2,500 rupee notes 5996 nos. total 29 lakhs 98 thousand only 3-200 rupee notes 1000 nos. total 2 lakhs item No.1 to 3 totally 39 lakhs 98 thousand only in P.F.No.59/2019/-, which was seized by the complainant police in Cr.No.149/2019. 2. IO has filed his report. 3. The learned Senior APP had filed opposed the application by way of filing objections. 4. Heard the arguments. 5. It is pertinent to note here that, at this juncture I have gone through the decision rendered by the Hon'ble Supreme Court of India in Sunder Bhai Ambalal Desai and another Vs. State of Gujarat, reported in AIR 2003 SC 638. In view of the dictum rendered in the said decision, the present application is deserves to be allowed. The apprehension of the prosecution will be taken care by imposing some conditions. In view of the same, I proceed to pass the following: ORDER The application filed by the applicant under Sections 451 and 457 of Cr.P.C. is hereby allowed with following condition: Property in item No.2- 100 rupee note 35 bundle and separately 26 notes totally 3526 notes amount Rs.3,52,600/-, 500 notes 128 bundle and separately 12 notes and total notes 12,812 which totally Rs.64,06,000/- only, 20 notes 17 no. which is Rs.3,400/- and 2000 notes 26 bundles separately 19 notes totally 2,619 notes which is Rs.52,38,000/- totally 1 crore 20 lakhs, item No.3- 500 notes 60 bundles and 100 rupee notes 6000 which totally Rs.30 lakhs only item No.3 totally 1 - 9 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 crore 50 lakhs only in P.F.No.58/19 and in item No.1-2000 rupee note 400 nos. total Rs.8 lakhs 2,500 rupee notes 5996 nos. total 29 lakhs 98 thousand only 3-200 rupee notes 1000 nos. total 2 lakhs item No.1 to 3 totally 39 lakhs 98 thousand are ordered to be released in favour of the petitioner Muniyappa. The said petitioner shall execute indemnity bond for a sum of Rs.1,89,98,000/- with one surety for like sum. The petitioner shall produce the said amount as and when called upon by the court.. Issue release order after furnishing surety.” The concerned Court has directed execution of an indemnity bond and also imposed a condition that the victim shall produce the amount so released as and when summoned by the concerned Court. 7. Sri S.G.Rajendra Reddy, learned counsel appearing for respondent No.2 – victim would undertake that as and when summoned by the concerned Court, the amount or the document of the amount would be placed before the concerned Court, as the case would be. He would further submit that the amount that is now transferred into the account of the victim in all three petitions is secured. In that light, there is no warrant - 10 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 of interference at this stage. However, if any further amount is to be transferred on any application that would be filed by the victim before the concerned Court, the concerned Court shall not allow without hearing the accused. 8. Learned counsel for the petitioner submits that the complainant – victim is not cooperating with the trial as substantial amount is already transmitted into his account. 9. In the light of the submissions made by the learned counsel for both parties, I deem it appropriate to dispose the petition. Therefore, the following: ORDER a. The criminal petitions are disposed. b. Respondent No.2 - victim shall cooperate with the proceedings and its expeditious conclusion in S.C.No.1838/2022, pending before the concerned Court. c. The concerned Court hearing S.C.No.1838/2022 shall not decide the application if any filed, or if filed by respondent No.2 without hearing the accused. - 11 - HC-KAR NC: 2025:KHC:19749 CRL.P No. 11984 of 2024 C/W CRL.P No. 11661 of 2024 CRL.P No. 11722 of 2024 d. The concerned Court shall also bear in mind the interest that is earning on the amount released in favour of the victim / in the custody of the victim, while determining whether the amount belongs to whom, the accused or the victim. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 19