- 1 - HC-KAR NC: 2025:KHC:49610 CRL.P No. 8638 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8638 OF 2024 BETWEEN: 1. SHANTHALAKSHMI W/O LATE K N SHAM SUNDAR AGED ABOUT 75 YEARS NO.505, 5TH FLOOR AMBIKA APARTMENT PANDURANGA NAGAR HINDUPURA TALUK ANANTHAPURA DISTRICT ANANTHPURA ANDRAPRADESH …PETITIONER (BY SRI. MOHAMMED MUJASSIM, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HANUMANTH NAGAR P.S. REP BY SPP HIGH COURT OF KARNATAKA BENGALURU - 01 2. SATHISH S/O V. KRISHNA SHETTY AGED ABOUT 60 YEARS RESIDING AT SAI SKANDA APARTMENT NO.501, 6TH FLOOR 2ND BLOCK HANUMANTHNAGAR Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49610 CRL.P No. 8638 of 2024 BENGALURU - 50 3. ASHA W/O SATHISH KUMAR AGED ABOUT 55 YEARS RESIDING AT SAI SKANDA APARTMENT NO.501, 6TH FLOOR 2ND BLOCK BANASHANKARI 1ST STAGE BENGALURU - 50 4. CHETHANA S/O BADRINATH K.G. AGED ABOUT 40 YEARS KAVERIPATANAM RESIDING AT NO.7, LALBHAG SIDDAPUR 2ND CROSS JAYNAGAR 1ST BLOCK BENGALURU - 560 011 5. BHARGAVI D/O SATHISH KUMAR AGED ABOUT 30 YEARS RESIDING AT SAI SKANDA APARTMENT NO.501, 5TH CROSS STH FLOOR HANUMANTHNAGAR BENGALURU 50 6. SAMURTHA W/O SATISH KUMAR AGED ABOUT 33 YEARS R/AT NO.15 G, 8TH STREET 7TH CROSS, GOGUPALYA - 3 - HC-KAR NC: 2025:KHC:49610 CRL.P No. 8638 of 2024 BENGALURU CITY - 560 011 …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 10.01.2024 PASSED BY THE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE IN THE C.C.NO.30414/2022 ARSING OUT OF CR.NO.145/2022 REGISTERED BY HANUMANTHANAGAR P.S. FOR THE OFFENCES P/U/S 406, 420, 342, 504, 506, 511, 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "a) To set-aside the order dated 10.1.2024 passed by the 4th Additional Chief Metropolitan Magistrate in the CC 30414/2022 arraising out of Cr no 145/2022 registered by Hanumanthnagar PS for the offence punishable under SEC 406, 420, 342, 504, 506, 511, 34 of IPC in the interest of justice. - 4 - HC-KAR NC: 2025:KHC:49610 CRL.P No. 8638 of 2024 b) To pass any such orders if this Hon'ble Court deems fit in the interest of Justice." 2. Heard Sri. Mohammed Mujassim, learned counsel appearing for the petitioner, Sri. B.N. Jagadeesha, learned Addl.SPP appearing for respondent No.1 and have perused the material on record. 3. Owing to the prayer of the petition, hearing the petitioner-the complainant and the State, this Court, on 19.09.2025, had passed the following order: "The petitioner is before this Court calling in question an order dated 10.01.2024, passed by the concerned Court, which rejects an application filed by the petitioner under Sections 451 and 457 of the Cr.P.C. seeking release of the amount that is involved in the subject matter of the proceedings. The petitioner is a 75 year old lady, who is allegedly cheated by respondent Nos.2 to 6 – the accused. The petitioner was wanting to be taken care of by the accused. Therefore, towards the said promise, certain amount is said to have been paid by the petitioner. Now, the petitioner is left in the lurch as there is neither money nor a shelter to reside in. Learned Additional State Public Prosecutor submits that the money is taken by the accused on the promise that they would secure a house to the petitioner and the petitioner would be made to reside in the said house. Since the allegation of cheating is writ large, charge sheet is also filed by the police and have recovered an amount of ₹14,00,000/- that is now lying in the bank. He would submits that P.F. to that effect is already registered by the Investigating Officer. - 5 - HC-KAR NC: 2025:KHC:49610 CRL.P No. 8638 of 2024 In the peculiar facts of this case, since respondent Nos.2 to 6 are served and unrepresented, I deem it appropriate to direct the Investigating Officer to get the account defreezed, if it is frozen, and hand over the amount existing in the bank account, as claimed, to the petitioner without brooking any further delay. List the matter on 31.10.2025." 4. Learned counsel appearing for the petitioner submits that pursuant to the order dated 19.09.2025, an amount of Rs.18.00 lakhs is already returned to the petitioner. 5. In the light of the said amount being returned to the petitioner, learned counsel appearing for the petitioner submits that nothing further would survive for consideration at the hands of this Court. 6. In that light, the petition is disposed as having rendered infructuous. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 13