- 1 - HC-KAR NC: 2025:KHC:31796 CRL.P No. 9146 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.9146 OF 2025 BETWEEN: MR. SUDARSHAN ADYANTHAYA AGED ABOUT 67 YEARS, OCC: BUSINESS, RES: ADARSH PALM ACRES, HUTTANHALLI, VIDYANAGAR CROSS, DEVANAHALLI, BENGALURU - 562 157. …PETITIONER (BY SRI. SIDDHESH G. KULKARNI, ADVOCATE) AND: 1. MS. DIVYA K P W/O. DHARMENDRA, AGED ABOUT 38 YEARS, OCC: HOMEMAKER R/O: NO.360, 5TH CROSS, SHARDAMBA NAGAR, JALAHALLI VILLAGE, NEAR ST. CLARETS SCHOOL, BENGALURU - 560 013. 2. THE STATE OF KARNATAKA THROUGH P.I. JALAHALLI P.S., R/BY. THE STATE PUBLIC PROCECUTOR, HIGH COURT OF KARNATAKA, PRINCIPAL BENCH, BENGALURU - 560 001. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R2) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31796 CRL.P No. 9146 of 2025 THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE IMPUGNED ORDER DATED 27.05.2025 PASSED BY THE Ld. IIIrd ADDL. CJM, BENGALURU RELEASING THE SEIZED CASH IN THE INTERIM CUSTODY OF THE RESPONDENT NO.1 IN CRIME NO.13/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused No.2, who has questioned the release order passed by the learned Magistrate thereby releasing the cash of Rs.3,00,000/- reported under PF No.8/2025 in item No.1 and cash of Rs.1,00,000/- reported under PF No.10/205 in item No.1 to the interim custody of respondent No.2 – Complainant by executing an Indemnity Bond for a sum of Rs.4,00,000/- and furnishing one surety for like sum to the satisfaction of the Court. - 3 - HC-KAR NC: 2025:KHC:31796 CRL.P No. 9146 of 2025 2. The case of the prosecution is that respondent No.2 – Defacto Complainant, who was acquainted with the accused through her father’s friends, was induced by the accused to believe that they could secure her a Government Job in the High Court. In furtherance of this assurance, the accused are alleged to have produced a fraudulent Notification and newspaper cuttings and thereby collected a sum of Rs.11,00,000/- from her through cash and cheque. It is the case of the prosecution that the accused neither secured the promised employment nor returned the money, which led to the registration of the complaint alleging commission of offences of criminal breach of trust and cheating. 3. During investigation, the Investigating Officer seized a total amount of Rs.4,00,000/- and produced the same under two separate Property Forms. On such production, respondent No.2 – Defacto Complainant filed an application under Sections 451 and 457 of Cr.P.C. The learned Magistrate, by order, directed release of - 4 - HC-KAR NC: 2025:KHC:31796 CRL.P No. 9146 of 2025 Rs.4,00,000/- to the complainant, subject to her furnishing an indemnity bond for the like sum and producing one surety. 4. The present petitioner – accused No.2, has questioned the said order contending that the learned Magistrate could not have released the seized amount without first determining the authenticity of the complainant’s claim. 5. On a perusal of the order under challenge and the charge sheet materials, this Court finds that serious allegations have been levelled against the petitioner and the co-accused of having collected a substantial sum on a false promise of employment. The seized amount was released by the learned Magistrate not unconditionally, but on terms requiring execution of an Indemnity Bond for Rs.4,00,000/- and furnishing of surety. Having regard to the safeguards imposed, this Court is not persuaded to interfere with the order of release. - 5 - HC-KAR NC: 2025:KHC:31796 CRL.P No. 9146 of 2025 The petition being devoid of merit, accordingly, stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 28