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2026 DAILYLAW 26160 (KAR)

SRI BHASKAR T SHETTY v. THE STATE OF KARNATAKA

CRL.P/7635/2026 · 2026-07-01

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7635 OF 2026 BETWEEN: 1. SRI. BHASKAR T. SHETTY S/O THEJAPPA SHETTY AGED ABOUT 69 YEARS R/AT NO. 91/1/4, 2ND MAIN NEAR RAHEJA PARK, GOVINDARAJANAGAR VIJAYANAGAR, BENGALURU - 560 040. 2. PRASANTA KUMAR BEHERA AGED ABOUT 56 YEARS S/O UPENDRA PRASAD BEHERA R/AT NO. 11 YELLAPPA STREET CHIKKAMAVALLI POST, BASAVANAGUDI BENGALURU SOUTH - 560 004. 3. ALOK SETHIA S/O MOHAN LAL SETHIA AGED ABOUT 53 YEARS R/AT A2 1006, SNN RAJ SERENITY, BEGUR KOPPA MAIN ROAD, NEAR R.P.C LAYOUT SWIMMIG POOL YELLAHANHALLI, BOMMANAHALLI BANGALORE - 560 068. 4. CHANDRA PRAKASH RAMSISARIA S/O BASUDEO RAMSISARIA AGED ABOUT 67 YEARS Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 R/AT SURVEY NO.23, BANNERGHATTA ROAD, JIGANI HOBLI, ANEKAL TALUK, GOLLAHALLI BANNERGHATTA POST, BANGALORE - 560 083. …PETITIONERS (BY SRI. KARTHIK KUMAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY BANNERGHATTA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. SMT. SABITA BAG W/O MANGULIYA BAG AGED ABOUT 31 YEARS R/AT HULLAHALLI VILLAGE, NATIVE BALI COLONY, BASUDEBPUR PS, BHADRAK DISTRICT ORISSA STATE - 766 125. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1; SRI. KARTHIK G. BILLAVA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P. PRAYING TO QUASH THE FIR IN CRIME NO.125/2026 REGISTERED BY BANNERGHATTA POLICE, ON FILE OF THE III ADDL CIVIL JUDGE AND JMFC ANEKAL BENGALURU RURAL DISTRICT FOR THE ALLEGED OFFENCE P/US/ 105, 289 OF BNS IN RESPECT OF PETITIONER/ACCUSED NO.1 AND 4. - 3 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Karthik Kumar K., learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Sri. Karthik G. Billava, learned counsel appearing for respondent No.2 and have perused the material on record. 2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memo along with an affidavit. The joint memo reads as follows: "JOINT MEMO FILED BY THE PETITIONERS AND RESPONDENT NO.2 The Petitioners and Respondent No.2 respectfully submit this Joint Memo as follows: 1. It is submitted that the Petitioners and the Respondent No.2 have amicably resolved the disputes between them and have arrived at a settlement out of their own free will, consent, and without any force, coercion, or undue influence. It is submitted that, at the request of Respondent No.2, the Petitioners have agreed to pay a sum of Rs.20,00,000/- [Rupees Twenty Lakhs - 4 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 only] towards full and final settlement, in addition to providing monthly financial support of Rs.5,000/-[Rupees Five Thousand only] per month for a period of 60 [Sixty] months commencing from July, 2026 and ending in June, 2031. 2. It is submitted that, in pursuance of the negotiations held between the parties, the Petitioners and Respondent No.2 have amicably resolved their disputes and have arrived at a settlement by an Agreement of Settlement- cum-Memorandum of Understanding dated 25.06.2026, which has been duly executed & notarized. The details of the payment agreed under the Agreement dated 25.06.2026 are as mentioned below: 1. At the request of the Second Parties, the First Party has paid to the Second Parties a total lump-sum amount of Rs. 20,00,000/-[Rupees Twenty Lakhs only, in addition to monthly support stated in Clause 2 below, purely as ex gratia and compassionate financial assistance and by way of full and final civil compensation, without admission of any liability, in the manner requested by the Second Parties, as follows: (a) Rs.10,00,000/- [Rupees Ten Lakhs only] has, as specifically requested by the Second Parties, been invested in the name of the minor, Master Ganesh Bag, represented by his mother and natural guardian Smt. Sabita Bag, in a Kisan Vikas Patra vide Account No. 020226673094 dated 25.06.2026 at the post office, for maturity period (about 9 years and 7 months), for the benefit, education and welfare of the minor, (b) Rs. 6,00,000/- [Rupees Six Lakhs only] has been paid to Smt. Sabita Bag, W/o Late Sri Mangulia Bag, in two parts as requested by her, namely (i) Rs. 4,00,000/- [Rupees Four Lakhs only] by way of a Kisan Vikas Patra vide Account No. 020226674900 dated 25.06.2026 at the post office for the maturity period (about 9 years and 7 months), and (ii) Rs. 2,00,000/- [Rupees Two Lakhs only] by way of Demand Draft vide No. 772766 dated 25.06.2026 into her savings bank account; As per their request, an amount of Rs. 5,00,000/- [Rupees Five Lakhs Only] was demanded, but company has enhanced - 5 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 Rs. 1,00,000/- [Rupees One Lakh Only]. Now total amount is Rs. 6,00,000/- [Rupees Six Lakhs Only]. (c) Rs. 4,00,000/- (Rupees Four Lakhs only) has, as requested by the Second Parties, been paid by way of Demand Draft vide No. 772767 dated 25.06.2026 into the joint bank account of Sri Purna Bag and Smt. Janaki Bag, the father and mother of the deceased, they being of advanced age, towards their health and other needs. As per the request an amount of Rs. 2,00,000/-(Rupees Two Lakhs Only) was demanded, but company has enhanced Rs. 2,00,000/- (Rupees Two Lakhs Only). Now the total amount is Rs. 4,00,000/- (Rupees Four Lakhs Only). 2. Monthly Support: In addition to the lump-sum amount stated in Clause 1, the First Party shall pay a sum of Rs. 5,000/- (Rupees Five Thousand only) per month only and specifically for a period of 60 (sixty) months commencing from the month of July, 2026 up to June 2031, into the bank account of Smt. Sabita Bag, towards the day-to-day necessary expenses and maintenance of herself and the minor child. The said payment shall be made by bank transfer on or before the 10th day of each English calendar month. 3. It is submitted that, in view of the settlement arrived at between the parties, the Petitioners have complied with the terms of settlement and have already deposited a sum of Rs.10,00,000/- [Rupees Ten Lakhs only] in the name of the minor Master Ganesh Bag, represented by his mother and natural guardian Smt.Sabita Bag, by way of a Kisan Vikas Patra bearing Account No.020226673094 dated 25.06.2026 at the Post Office, for securing the future benefit, education, welfare and financial security of the minor child. Further, the Petitioners have also deposited a sum of Rs.4,00,000/- [Rupees Four Lakhs only] in the name of Smt. Sabita Bag, W/o Late Sri. Mangulia Bag, by way of Kisan Vikas Patra bearing Account No.020226674900 dated 25.06.2026 at the Post Office. The Petitioners have also handed over a Demand Draft bearing No.772766 dated 25.06.2026 for a sum of Rs.2,00,000/- [Rupees Two Lakhs only] in favour of the savings bank account of Smt. Sabita Bag, W/o Late Sri. Mangulia Bag. The - 6 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 Petitioners have handed over a Demand Draft bearing No.772767 dated 25.06.2026 for a sum of Rs.4,00,000/- [Rupees Four Lakhs only) in favour of the joint bank account of Sri. Purna Bag and Smt. Janaki Bag, being the father and mother of the deceased, who are aged persons, towards meeting their medical, and other essential requirements. 4. It is submitted that, in view of the amicable settlement arrived at between the parties, the Respondent No.2 has no objection whatsoever for quashing the entire proceedings pending against the Petitioners in the above matter. It is further submitted that the said settlement has been entered into by the Respondent No.2 voluntarily, out of his/her own free will and consent, without any force, coercion, undue influence or pressure from any person. The Respondent No.2 has resolved all the disputes and grievances with Petitioners and does not intend to prosecute the present proceedings any further. 5. It is submitted that this Hon'ble Court may kindly take the present Joint Memo on record and pass appropriate orders in the interest of justice and equity. WHEREFORE, in view of the settlement arrived at between the parties and having regard to the fact that Respondent No.2 has voluntarily consented and has no objection for quashing of the proceedings, it is most respectfully prayed that this Hon'ble Court may be pleased to accept the present Joint Memo and be pleased to quash the F.I.R against the Petitioners in Crime No.0125 of 2026 registered by the Respondent Bannerghatta Police Station, Bangalore, for the offences punishable under Section 105 and 289 of the Bharatiya Nyaya Sanhita [BNS], 2023, on the file of the Learned 3RD Addl. Civil Judge and JMFC, Anekal, Bengaluru Rural District, in the interest of justice and equity." 3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the joint memo and - 7 - HC-KAR NC: 2026:KHC:32586 CRL.P No. 7635 of 2026 close the proceedings against the petitioners in the subject petition. 4. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. (ii) The impugned crime in crime No.125/2026 pending before the III Additional Civil Judge and JMFC, Anekal, Bengaluru Rural District, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 32