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2026 DAILYLAW 15244 (KAR)

SRI GOVINDA BABU POOJARI v. STATE OF KARNATAKA

CRL.P/11681/2024 · 2026-02-23

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11681 OF 2024 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 4083 OF 2025 CRIMINAL PETITION NO. 2682 OF 2026 IN CRL.P No. 11681/2024 BETWEEN: SRI GOVINDA BABU POOJARI S/O BABU POOJARI, AGED ABOUT 46 YEARS, OCC : BUSINESSMAN, R/AT CHEMMANTHU, BYNDOOR, BIJOOR UDUPI, KARNATAKA - 576 232. …PETITIONER (BY SRI. RAJATH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THE POLICE OF BANDEPALYA REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. G.M.ABHINAVA SRI HALAVEERAPPAJJA S/O SRI G.M.VEERABHADRASWAMY AGED ABOUT 36 YEARS Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 R/AT NO.55, WARD.NO.1 SRI HALASWAMYMATHA HIREHADAGALI BELLARY-583 101. …RESPONDENTS (BY SRI.B.N.JAGADEESH, ADDL. SPP FOR R1; SRI SUYOG HERELE E, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 29.01.2024 PASSED BY THE III ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.31132/2024 AT (CR.NO.206/2024) AND CRL.RP.NO.74/2024 PASSED BY LEARNED LXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, DATED 10.09.2024 AND CONSEQUENTLY PASS ORDER ALLOWING APPLICATIONS FILED FOR RELEASE OF PROPERTY IN P.F.NO.35/2023 AND P.F.NO.36/2023 IN FAVOUR OF THE PETITIONER IN THE INTEREST OF JUSTICE. IN CRL.P NO. 4083/2025 BETWEEN: SRI. G. M. ABHINAVA SRI HALAVEERAPPAJJA S/O SRI. G M VEERABHARA SWAMY AGED ABOUT 36 YEARS, R/AT NO. 55, WARD 01, SRI. HALASWAMYMATHA, HIREHADAGALI, BELLARY-583216 ...PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 AND: 1. THE STATE OF KARNATAKA THROUGH BANDEPALYA PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU- 560001. 2. SRI. GOVINDA BABU POOJARY S/O BABU POOJARY, AGED ABOUT 47 YEARS, R/AT NO. 76, RELIABLE RESIDENCY, 1 CROSS ROAD, NEAR DOMINO'S PIZZA, BAGALURU, VARTHURU, HSR LAYOUT, BENGALURU- 560 102. ...RESPONDENTS (BY SRI.B.N.JAGADEESH, ADDL. SPP FOR R1; SRI RAJATH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.09.2024 IN CRIMINAL REVISION PETITION NO.131/2024 PASSED BY THE LEARNED LXVI ADDITIONAL CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-67) (PRODUCED AT DOCUMENT NO.1) AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER BEFORE THE LEARNED MAGISTRATE IN CC NO.31132/2024 (PRODUCED AT DOCUMENT NO.10). IN CRL.P NO. 2682/2026 BETWEEN: SHRI. G M ABHINAVA SRI HALAVEERAPPAJJA S/O SRI. G.M VEERABHADRA SWAMY, AGED ABOUT 36 YEARS, R/AT NO. 55 WARD 01, - 4 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 SRI HALASWAMY MATHA, HIREHADAGALI, BELLARY KARNATAKA- 583101. ...PETITIONER (BY SRI. ARUN SHYAM, SENIOR COUNSEL FOR SRI SUYOG HERELE E., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH BANDEPALYA PS, REP. BY SPP, HIGH COURT OF KARNATAKA BUILDING BENGALURU-560001. 2. SRI. GOVIND BABU POOJARI AGED ABOUT 44 YEARS S/O BABU POOJARI R/AT NO.76, RELABLE RESIDENCE 1ST CROSS, NEAR DOMINO'S PIZZA HARALURU ROAD, BENGALURU-35 ...RESPONDENTS (BY SRI. B.N.JAGADEESH, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482 OF CRPC. PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.31132/2023 INCLUDING THE ORDER OF TAKING COGNIZANCE DATED 02.12.2023 PENDING ON THE FILE OF THE LEARNED 1ST ACJM BENGALURU INCLUDING THE FIR AND COMPLIANT AND CHARGE SHEET IN CRIME NO.206/2023 REGISTERED WITH RESPONDENT BANDEPALYA P.S., FOR THE ALLEGED OFFENCE P/U/S 406, 420, 419, 170, 506 AND 120-B OF IPC PRODUCED HEREWITH AND MARKED AS DOCUMENTS NO.1 AND 2,3 AND 4 RESPECTIVELY AND ETC. - 5 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 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 in Crl.P.No.11681/2024 is before the Court calling in question the order dated 29.01.2024 passed in C.C.No.31132/2024 declining to accept the application for release of property in P.F.Nos.35/2023 and 36/2023. 2. The petitioner in Crl.P.No.4083/2025 is before the Court calling in question the order dated 29.01.2024 passed in C.C.No.31132/2024 on the file of the I ACJM, Bengaluru. 3. The petitioner in Crl.P.No.2682/2026 is before the Court calling in question the proceedings in C.C.No.31132/2023 registered for the offences punishable under Sections 406, 420, 419, 170, 506 and 120B of IPC, pending on the file of the I ACJM, Bengaluru. 4. Heard Sri. Arun Shyam, learned Senior Counsel appearing for the petitioner in Crl.P.No.2682/2026. 5. During the subsistence of Crl.P.No.2682/2026, the parties to the lis have settled the dispute amongst themselves. - 6 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 The memorandum of compromise petition filed by the parties in Crl.P.No.2682/2026 reads as follows: "MEMORANDUM OF COMPROMISE PETITION UNDER SECTION 320 R/W 482 OF CODE OF CRIMINAL PROCEDURE, 1973 The Petitioner and Respondent No.2 above named most respectfully submits as follows: 1. The Petitioner has challenged the FIR and complaint in crime No.206/2023 registered by the Respondent Bandepalya PS for the alleged offence under section 406, 420, 419, 170, 506 and 120B of IPC and all further proceedings pursuant thereto, along with other reliefs. (produced at Document no.1 and 2) 2. It is submitted that, on the basis of the Complaint lodged by the Respondent No.2, the Petitioner is arrayed as Accused no.3 in C.C.No.31132/2023 arising out of crime no.206/2023 for the alleged offence under Section 406, 420, 419, 170, 506 and 120B of IPC. However, after intervention and advice of family members, friends and well-wishers the Petitioner and Respondent no.2 have resolved to settle down the issues and misunderstanding between them on the following terms and conditions: a) The Respondent no.2 has no objection for quashing of entire proceedings in C.C.31132/2023 arising out of crime no.206/2023 registered by Respondent Police for the alleged offence under Section 406, 420, 419, 170, 506 and 120B of IPC strictly only in - 7 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 so far as the Petitioner-Accused no.3 is concerned as the offence alleged and role attributed as against the Petitioner-Accused no.3 is completely distinct and different from other accused persons in the said crime. b) The Petitioner herein has no objection for release of the amount recovered in crime no.206/2023 by way of P.F. in 35/2023 and PF in 36/2023 in favour of Respondent no.2 herein and accordingly, to allow the Petition in Crl.P.No.11681/2024 preferred by the Respondent No.2 herein as against the Petitioner herein. c) The Respondent no.2 reserves his right/liberty to prosecute the other accused persons in accordance with law against whom serious and different allegations were made, without being affected or in any way influenced by the compromise/settlement entered upon with the Petitioner-Accused no.3. d) The Petitioner undertakes to co-operate with the prosecution in future as and when necessary, in accordance with law. e) The Respondent no.2 has no claim or any grievance of whatsoever kind as against the Petitioner- Accused No.3 herein. 3. In view of the above settlement arrived between Petitioner-Accused No.3 and Respondent No.2, the continuation of proceedings as against Petitioner- Accused No.3 would be waste of public time and money - 8 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 and no useful purpose will be served. The Respondent No.2/Defacto-complainant is present before this Hon'ble court and is filing an affidavit along with ID proof in support of this joint compromise petition/memo and thereby gives his consent and no objection for quashing of the entire proceedings against Petitioner-Accused no.3 alone, in order to secure the ends of justice. WHEREFORE, the parties above named most respectfully prays that, this Hon'ble court may kindly be pleased to permit the Petitioner/Accused No.3 and Respondent No.2 to compound and compromise and quash the entire proceedings in C.C.No.31132/2023 on the file of Ld. 1st ACJM Bengaluru, arising out of crime no.206/2023 registered by the Respondent Bandepalya PS investigated by CCB for the alleged offence under section 406, 420, 419, 170, 506 and 120B of IPC including the FIR, complaint, charge sheet and all further proceedings pursuant thereto only in so far as Accused no.3-Petitioner herein (Shri. G.M. Abhinav Sri Halaveerappajja) and reserving liberty to the Respondent no.2/complainant and Respondent No.1-Prosecution to proceed in accordance with law as against all other accused persons are concerned, in the interest of justice and equity." 6. In the light of the aforesaid settlement, the sequential effect is that Crl.P.No.11681/2024 will have to be allowed. Crl.P.No.11681/2024 has within it a seizure of Rs.1,00,00,000/- kept with the police under P.F.Nos.35/2023 - 9 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 and 36/2023. In the light of the settlement arrived at between the parties, Crl.P.No.2682/2026 filed by the accused No.3 is to be allowed. 7. In the light of the settlement arrived at between the parties in Crl.P.No.2682/2026, the following order is passed: ORDER (i) Crl.P.No.11681/2024 stands disposed. The concerned Court shall now release P.F.Nos.35/2023 and 36/2023 that is before it in favour of the de-facto complainant without breaking any delay. (ii) Crl.P.No.2682/2026 stands disposed. The proceedings against the petitioner/accused No.3 in C.C.No.31132/2023 registered for the offences punishable under Sections 406, 420, 419, 170, 506 and 120B of IPC, pending on the file of the I ACJM, Bengaluru stands quashed. (iii) In view of the orders passed hereinabove, Crl.P.No.4083/2025 stands disposed. - 10 - HC-KAR NC: 2026:KHC:11712 CRL.P No. 11681 of 2024 C/W CRL.P No. 4083 of 2025 CRL.P No. 2682 of 2026 (iv) The settlement arrived at is only between the de- facto complainant and accused No.3. Therefore, it shall not be construed that the settlement is arrived at qua all the accused. In the light of it being only between the complainant and accused No.3, the proceedings qua the other accused shall continue. Sd/- (M.NAGAPRASANNA) JUDGE PMR List No.: 1 Sl No.: 217