- 1 - HC-KAR NC: 2026:KHC:20264 CRL.P No. 3768 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3768 OF 2026 BETWEEN: VAISHALI GANESHCHANDRA BHAT W/O GANESHCHANDRA BHAT, AGED ABOUT 31 YEARS, R/AT MAKARANDA HOUSE, PERAJE VILLAGE, BUDOLI POST, BANTWAL TALUK D.K. DISTRICT - 574 253 &PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND: SMT. ARPITHA W/O ASHOK NAYAK, AGED ABOUT 35 YEARS, R/AT ERANTHAKAJE HOUSE, BOLLAJE POST, NELLU KEMRAJE, SULLIA TALUK, D.K. DISTRICT - 574 248 &RESPONDENT THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS CRIMINAL PETITION AND CONSEQUENTLY SET ASIDE THE ORDER DATED 13.01.2026 PASSED IN CRL.A NO.20/2025 PASSED BY THE VI ADDL.DISTRICT AND SESSIONS JUDGE, D.K.MANGALURU. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20264 CRL.P No. 3768 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 The petitioner is before this Court calling in question an order dated 13.01.2026 which rejects the application of the petitioner for refund of the 20% amount that was deposited at the time of filing the appeal before the concerned Court. 2. Heard learned counsel Sri K.Ravishankar, appearing for the petitioner. 3. The facts in brief germane are as follows: The petitioner is the accused gets convicted of an offence punishable under Section 138 of the Negotiable Instruments Act. The conviction is challenged before the Court of Session in Criminal Appeal 20/2025. As obtained in Section 148 of the Negotiable Instruments Act, the petitioner had to deposit 20% of the amount as a precondition to the suspension of sentence. - 3 - HC-KAR NC: 2026:KHC:20264 CRL.P No. 3768 of 2026 4. The petitioner compliance of the said directions deposits 20% of the amount. The criminal appeal is tried. The petitioner gets acquitted of the offence. Thus ends the proceeding before the concerned Court in Criminal Appeal No.20/2025. The petitioner then files a memo before the concerned Court seeking refund of the said amount in the teeth of the acquittal in Criminal Appeal No. 20/2025. 5. The concerned Court by the impugned Order 13.01.2026 rejects the application on the score that a criminal appeal is pending at the hands of the Co-ordinate Bench this Court and therefore, the amount cannot be released. The reason rendered in the order on the face of it is erroneous as the condition precedent for suspension of sentence is not before any other Court, but before the appellate Court in Criminal Appeal 20/2025. 6. Once the proceedings get concluded before the said Court, the 20% amount that is in deposit would automatically go to the hands of the accused. If the appeal against the acquittal is pending, that is a separate - 4 - HC-KAR NC: 2026:KHC:20264 CRL.P No. 3768 of 2026 proceeding where separate conditions could be imposed in the event the acquittal gets reversed at the hands of this Court. In that light, the order is rendered unsustainable. The unsustainability would lead to its obliteration. 7. For the aforesaid reasons, the petition is allowed. The order dated 13.01.2026 passed by the Vi Additional District and Sessions Judge, D.K. Mangalore in Crl.Appeal No.20/2025 is quashed. 8. The concerned Court shall now refund the amount of 20% in deposit before it within 4 weeks from the date of receipt of copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 2 Sl No.: 19