- 1 - NC: 2025:KHC:5882 CRL.P No. 215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 215 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. TWINSPARK MOTORS, A PARTNERSHIP FIRM HAVING OFFICE AT NO 15 5TH MAIN SHANTHIVANA KODIGEHALLI MAIN ROAD SAHAKARANAGAR BENGALURU-560092 REPRESENTED BY ITS PARTNER 2. S NAGENDRA PARTNER TWINSPARK MOTORS NO 15, 5TH MAIN SHANTHIVANA KODIGEHALLI MAIN ROAD SAHAKARANAGAR BENGALURU-560092. …PETITIONERS (BY SRI. THRIMURTHY K P.,ADVOCATE) AND: SRI SATISH KUMAR S/O LATE B H SRIKANTAPPA AGED ABOUT 53 YEARS R/AT NO 259 5TH MAIN MILK COLONY MALLESWARAM WEST BANGALORE-560055. …RESPONDENT (NOTICE TO RESPONDENT IS D/W V/O DATED 10.02.2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO MODIFY THE ORDER DATED 7/12/23 PASSED BY HON'BLE LXVIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5882 CRL.P No. 215 of 2025 (CCH 69) BY DIRECTING THE HON'BLE XIX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE CITY, TO RELEASE THE AMOUNT OF RS. 3,82,000/- DEPOSITED IN CC 10435/2018, IN THE NAME OF SECOND PETITIONER S. NAGENDRA AND ALSO TO RELEASE THE AMOUNT OF RS. 15,000/- IN THE NAME OF SECOND PETITIONER S. NAGENDRA BY ALLOWING THIS PETITION. 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 petitioners seek the following reliefs: "modify the order dated 7/12/23 passed by Hon'ble LXVIII Addl. City Civil & Sessions Judge at Bengaluru City (CCH 69) by directing the Hon'ble XIX Addl. Chief Metropolitan Magistrate at Bangalore City, to release the amount of Rs.3,82,000/- deposited in CC 10435/2018, in the name of second petitioner S. Nagendra and also to release the amount of Rs.15,000/- in the name of second petitioner S. Nagendra by allowing the petition." 2. Heard learned counsel for the petitioners and perused the material on record. For the order proposed, notice to the respondent is dispensed with. 3. A perusal of the material on record will indicate that the petitioners were accused persons in C.C.No.10435/2018 filed by the respondent in which they were convicted vide order dated 31.03.2022. Aggrieved by the same, the petitioners filed an appeal in Crl.A.No.509/2022 in which there was an interim order of stay - 3 - NC: 2025:KHC:5882 CRL.P No. 215 of 2025 subject to the petitioners depositing Rs.3,82,000/- before the trial Court. In pursuance of the same, the petitioners deposited Rs.3,82,000/- vide D.D.No.040915 dated 24.06.*2022 before the trial Court. Subsequently, the said appeal filed by the petitioners was allowed vide order dated 18.07.2023 and the Criminal Appeal in No.1788/2023 filed by the respondent was withdrawn by the respondent - complainant. 4. Under these circumstances, the petitioners filed an application before the trial Court for a direction to release the amount in favour of the petitioner No.2. It is submitted that the petitioner No.2, who is accused No.3 in CC.No.10435/2018 is actually known as 'S. Nagendra' and erroneously mentioned by the respondent - complainant as 'Nagendra S. Murthy' and the impugned order dated 07.12.2023 directing the amount to be released in favour of the petitioner No.2 wrongly showing the name as 'Nagendra S. Murthy' is coming in his way in withdrawing the said amount. 5. In view of the aforesaid facts and circumstances, the petition stands disposed of by the following: *Corrected vide Court Order dated 27.02.2025. - 4 - NC: 2025:KHC:5882 CRL.P No. 215 of 2025 ORDER The impugned order dated 07.12.2023 in Crl.A.No.509/2022, is hereby modified directing the trial Court to release Rs.3,82,000/- [deposited by the petitioners vide D.D.No.040915 dated 24.06.*2022] and Rs.15,000/- [deposited by the petitioners at the time of obtaining bail] in favour of the petitioner No.2 mentioning the name as 'S. Nagendra' immediately upon receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB *Corrected vide Court Order dated 27.02.2025.