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2026 DAILYLAW 38515 (KAR)

GOVARDHAN. D. S. v. STATE OF KARNATAKA

WP/26913/2026 · 2026-09-01

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010600862026 NC: 2026:KHC:47441 WP No. 26913 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26913 OF 2026 (GM-RES) BETWEEN: GOVARDHAN D. S. S/O D.R. SHIVAHSANKAR AGED ABOUT 38 YEARS R/AT NO.25/2, K.P PUTTANNA CHETTY ROAD 5TH MAIN, 2ND CROSS, CHAMARAJAPET BASAVANAGUDI, BENGALURU CITY - 560 018 …PETITIONER (BY SRI. P. PRASANNA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CEN POLICE STATION CENTRAL DIVISION BENGALURU CITY REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. VINUTHA M D/O MARUTHI M.H. AGED ABOUT 37 YEARS HOUSE WIFE Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010600862026 NC: 2026:KHC:47441 WP No. 26913 of 2026 R/AT NO.220/25, 3RD MAIN 12TH CROSS, VYALIKAVAL BENGALURU CITY - 560 003 …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO (A) CALL FOR THE RELEVANT RECORDS. (B) QUASH THE ORDER DATED 15.06.2026 PASSED BY THE LEARNED XLV ACJM, BENGALURU, THEREBY TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE UNDER SECTIONS 66(C) AND 66(D) OF THE INFORMATION TECHNOLOGY ACT, 2000, AND ISSUING SUMMONS TO THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court, seeking the following prayer: "(a) call for the relevant records; (b) Quash the order dated 15.06.2026 passed by the learned XLV ACJM, Bengaluru, thereby taking cognizance of the offences punishable under sections 66(c) and 66(d) - 3 - HC-KAR CNR: KAHC010600862026 NC: 2026:KHC:47441 WP No. 26913 of 2026 of the Information Technology Act, 2000, and issuing summons to the petitioner and consequently; (c) Quash the entire chargesheet and proceedings in C.C.No.35460/2026 registered for the offence punishable under Sections 66(c) and 66(d) of the Information Technology Act, 2000 pending on the file of learned XLV ACJM, Bengaluru. (d) pass such other order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. P. Prasanna Kumar, learned counsel appearing for the petitioner, Smt. Deepthi Alva, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. The entire fulcrum of the lis revolves around who has created the tender account whether the wife by herself or the petitioner - husband. 4. Learned HCGP submits that it is by the husband while it is disputed by the petitioner. 5. Learned counsel appearing for the petitioner at this juncture submits that he would seek the remedy of filing the discharge petition before the concerned Court. - 4 - HC-KAR CNR: KAHC010600862026 NC: 2026:KHC:47441 WP No. 26913 of 2026 6. Reserving liberty to the petitioner to avail of the remedy of discharge and then re-approach this Court, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 61