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2026 DAILYLAW 38581 (KAR)

SRINIVAS. H.B. v. THE STATE OF KARNATAKA

CRL.P/13120/2026 · 2026-08-28

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13120 OF 2026 BETWEEN: 1. SRINIVAS H.B. S/O BASAVARAJU AGED ABOUT 33 YEARS, RESIDING AT NO.133, TAYI MANE, 3RD CROSS, BHAIRAMESHWARA NAGAR, MAGADI MAIN ROAD, SUNKADAKATTE, BENGALURU - 560 092 2. SATHISHA S/O CHINDE GOWDA AGED ABOUT 38 YEARS RESIDING AT NO. 6, 6TH CROSS, MADDURAMMA LAYOUT, HEGGANAHALLI CROSS, BENGALURU - 560 091. 3. VEERESH S/O RAJANNA AGED ABOUT 28 YEARS RESIDING AT NO. 61, SHANTHI DHAMA, SCHOOL BACKSIDE, SUNKADAKATTE, BENGALURU - 560 091 Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 4. PAVAN KUMAR S/O HEMANNA AGED ABOUT 24 YEARS, RESIDING AT NO.74, 1ST MAIN ROAD, NEAR GOVT SCHOOL, RAJEEV GA, SUNKADAKATTE, BENGALURU - 560 091 5. MOHAN KUMAR S/O GANGANNA AGED ABOUT 43 YEARS RESIDING AT NO.17, AGRAHARA DASARAHALLI, MAGADI MAIN ROAD, BENGALURU CITY, KARNATAKA - 560 079 6. GIRISH C. S/O CHANDRAMOULI S.D. AGED ABOUT 32 YEARS RESIDING AT NO.119, 4TH MAIN, 8TH CROSS, PANCHASHEELA NAGARA, MUDALAPALYA, BENGALURU - 560 072. 7. SHAMBU TANTI S/O RAMA SUNDARA TANTI AGED ABOUT 43 YEARS, RESIDNG AT TOLADUMARI, DUMRI, BEGUSARAI, BIHAR - 851 117. - 3 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 8. SRINIVASA K.G. S/O GOOLAIAH AGED ABOUT 28 YEARS, RESIDING AT NO.199, 3RD CROSS, BAIRAVESHWARA NAGARA, MAGADI NAIN ROAD, BENGALURU - 560 091. 9. ANAND S/O RAMANAIAH, AGED ABOUT 30 YEARS, RESIDING AT REDDIVARAPALLI. AGRAHARAM POST, NIMANAPALLI MANDAL, MADANAPALLI, CHITTOR, ANDRA PRADESH - 517 325 10. RAVISHANKAR S/O BORALINGEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT NO. 674, 3RD MAIN, 3RD CROSS, KAMALANAGARA, BENGALURU - 560 079, 11. RAKESH N.V. S/O LATE. VIJAY KUMAR N.T. AGED ABOUT 27 YEARS, RESIDING AT NO. 45, RAJEEV GANDHI NAGARA, KEBBEHALLA, SUNKADAKATTE, BENGALURU - 560 091 12. SRIDHAR, S/O SHEKHAR AGED ABOUT 32 YEARS, - 4 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 RESIDING AT NO. 448, 13TH CROSS, A BLOCK, D GROUP LAYOUT, SHRIG, ANNAPOORNESHEWARI NAGAR, BENGALURU - 560 091 13. SURYA S/O CHANDRASHEKAR, AGED ABOUT 28 YEARS RESIDING AT NO. 72, 75TH CRODD ROAD, 5TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010 14. KUMARSWAMY. G.K. S/O. KRISHNAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO. 34, BAIABESHWARA NAGARA, SGRIGANDA KAVAL SUNKADAKATTE BENGALURU - 560 091. 15. NAGENDRAN K., S/O LATE GULAIAH AGED ABOUT 27 YEARS, RESIDING AT NO.199, SUNKADAKATTE, SHANTHI DHAMA SCHOOL ROAD, BENGALURU - 560 091 …PETITIONERS (BY SMT. KAVYA SHREE K., A/W SRI. KEERTHI KRISHNA REDDY, ADVOCATE) - 5 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 AND: 1. THE STATE OF KARNATAKA BY VIDYARANYAPURA P.S. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR 2. SRI. BHEEMEGOWDA P.S S/O LATE VARADAPPA REPRESENTATIVE OF THUBHARAHALLI FOUNDATION TRUST NO.42, SUDHA MASSION, 1ST CROSS, 7TH MAIN ROAD, BANAGIRI HILL, BANASHANKARI, 3RD STAGE, BENGALURU CITY, KARNATAKA - 560 085. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11155/2023 PENDING ON THE FILE OF VII ACJM, BENGALURU FOR THE OFFENCES P/U/S 143, 457, 448, 427, R/W 149 OF IPC. - 6 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayers: "a. QUASH the entire proceedings in C.C.No.11155/2023 pending on the file of VII Additional Chief Judicial Magistrate, Bengaluru for the offences punishable under Sec. 143, 457, 448, 427 R/w Sec 149 of IPC. b. Grant such other releif or order/s which this Hon'ble Court may deem fit to grant in the circumstances of the case, in the interest of justice." 2. Heard Smt. Kavya Shree K., learned counsel along with Smt. Keerthi Krishna Reddy, learned counsel appearing for the petitioners and Smt. Deepthi Alva, learned High Court Government Pleader appearing for respondent No.1. 3. This Court on 25.08.2026 had passed the following order: "The petitioner is before the Court calling in question continuance of proceeding in C.C.No.11155/2023 on the ground that the matter has been settled between the parties and the - 7 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 settlement would record all the proceedings to be withdrawn. Notwithstanding the same, the only proceeding that is pending is the subject proceeding. The agreement arrived at between the petitioner and the complainant reads as follows: "4. Withdrawal of All Legal Proceedings Both parties agree to withdraw/consent for closure of the following cases: O.S. No.3563/2025 O.S. No.3935/2025 M.F.A. No.6325/2023 M.F.A. No.7029/2025 W.P. No. 15175/2025 Crl.P. No.7055/2025 Crl.P. No.7586/2025 A.C. No.309/2025 Com A.A. No.337/2025 OS.No.3973/2021 W.P.No.13836/2025 W.A.No.740/2025 W.P.No.14263/2025 W.P.No.14981/2025 CRL.MISC.NO.3830/2025 - 8 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 CC.NO.11155/2023 And all other connected or related proceedings." The last of the proceeding in the said agreement is C.C.No.11155/2023. Therefore in the light of the said settlement arrived at between the parties, there shall be an interim order of stay of further proceedings in C.C.No.11155/2023 pending before the VII Addl. Chief Judicial Magistrate, Bengaluru, qua the petitioner, till the next date of hearing. List the matter on 28.08.2026 in the fresh matters list." The learned counsel was directed to place on record closure of any case referring to the Memorandum of Understanding before any judicial fora. 4. The learned counsel appearing for the respondent/ complainant has filed a memo along with the documents. The memo reads as follows: "Memo of Production of Documents The Petitioner submits as follows; 1. It is most humbly submitted that, the Compliant herein has entered into a Memorandum of understanding dated 2.12.2025 wherein the Complainant by virtue of entering into the said MOU has agreed to withdraw all the claims exists by and - 9 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 between "Sri Sharadha Vidyanikethan society" and "Thubrahalli foundation Trust" in which the said proceedings under Challenge in C.C.No.11155/2023 is also included. 2. It is submitted that, the copy of the electronic order sheet in Com.A.A.No.337/2025 depicting the withdrawal of the application by virtue of the compromise entered under the Memorandum of understanding dated 2.12.2025 is herewith produced along with his Hon'ble Court, the same may kindly be taken on record to meet the ends of justice. Advocate for Applicant filed a memo producing Board resolution dated 25.11.2025 and also memorandum of understanding dated 02.12.2025. Learned counsel submits that the parties to the present dispute have entered into a fresh memorandum of understanding and in view of the same the applicant does not wish to proceed further with the present case. Submission noted. Petition disposed of as matter settled between the parties." The documents appended are the orders of the concerned Court in Commercial Arbitration Application No.337/2025. The concerned Court has disposed the proceedings recording the memorandum of understanding entered into between the parties and the statement that the applicant is not willing to pursue the matter any further. - 10 - HC-KAR CNR: KAHC010594522026 NC: 2026:KHC:46729 CRL.P No. 13120 of 2026 5. The Memorandum of Understanding records the subject C.C. i.e., C.C.No.11155/2023, as was quoted in the interim order noted supra. In the light of the Memorandum of Understanding and all the disputes between the parties closed on the strength of the Memorandum of Understanding, the understanding also recording closure of the present CC, I deem it appropriate to dispose the petition with obliteration of the proceedings in C.C.No.11155/2023, as a matter of form. 6. For the aforesaid reasons, the following: ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.11155/2023 pending on the file of VII Additional Chief Judicial Magistrate, Bengaluru stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 31