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2025 DAILYLAW 79384 (KAR)

K. SRINIVAS PRASAD v. THE STATE OF KARNATAKA

CRL.P/10929/2024 · 2025-11-18

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47260 CRL.P No. 10929 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10929 OF 2024 BETWEEN: K. SRINIVAS PRASAD S/O LATE KANOJ LAKSHMANA PRASAD, AGED ABOUT 58 YEARS, R/AT NO. 3/325/1, NALLAGUTTA STREET, KADIRI, ANANTHAPUR DIST., ANDHRA PRADESH 515 591. …PETITIONER (BY SRI. SHRAVAN MADHAV K P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DIRECTOR GENERAL, PRISONS AND CORRECTIONAL SERVICES, AT NO.4, SHESHADRI ROAD, GANDHINAGAR, BANGALORE - 560 009 REPRESENTED BY THE PUBLIC PROSECUTOR 2. P. ARCHANA PANDEY W/O K. SRINIVAS PRASAD, D/O PARASURAM PANDEY, AGED ABOUT 44 YEARS, R/AT NO. 159/6 (OUT HOUSE), Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47260 CRL.P No. 10929 of 2024 19TH MAIN, I BLOCK, RAJAJINAGAR, BANGALORE - 560 010. …RESPONDENTS (BY SRI.B.N.JAGADEESH., ADDL. SPP FOR R1 SMT. JAMUNA BAI., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 12.04.2021 PASSED BY THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, AT BANGALORE IN C.MISC.210/2015 AND CONSEQUENTLY SET ASIDE ORDER DATED 02.09.2024 PASSED BY THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, AT BANGALORE IN C.MISC.210/2015 (AT ANNEXURE-E) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned counsel for respondent No.2 and perused the material on record. 2. In a proceeding initiated by the respondent under Section 125(3) of Cr.P.C., the Family Court Judge at Bangalore vide order dated 12.04.2021 ordered to commit - 3 - HC-KAR NC: 2025:KHC:47260 CRL.P No. 10929 of 2024 the petitioner to prison, which order is assailed in this petition. 3. This Court vide order dated 11.11.2024 directed the petitioner to deposit a sum of Rs.10,00,000/-. Further, on 14.11.2024, since the petitioner deposited the said amount, granted an interim order of stay of the order passed by the trial court. 4. The learned counsel appearing for both the parties would submit that the matter has been settled in M.C.No.2129/2023 before 6th Addl. Principal Judge, Family Court at Bangalore and memorandum of settlement is already filed. They further submit that the petitioner has agreed to pay a sum of Rs.75,00,000/- to the respondent and out of the said amount Rs.65,00,000/- is already paid, which submission is not disputed by the learned counsel for respondent No.2. - 4 - HC-KAR NC: 2025:KHC:47260 CRL.P No. 10929 of 2024 5. Respondent No.2 has filed I.A.No.1/2025 to release the amount of Rs.10,00,000/- deposited by the petitioner before this Court on 02.12.2024. 6. Since it is submitted that the parties have settled the dispute and they have filed memorandum of settlement before the Family Court, Bangalore, the respondent is permitted to withdraw the amount of Rs.10,00,000/- which is deposited before this Court, in this petition. 7. The Registry shall release the said amount to respondent No.2, on due identification. I.A.No.1/2025 is allowed. 8. Accordingly, the criminal petition is allowed, setting aside the order dated 12.04.2021 passed in Criminal Misc. No.210/2015 by the 6th Additional Principal Judge, Family Court at Bangalore. Sd/- (MOHAMMAD NAWAZ) JUDGE KLY