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2026 DAILYLAW 41580 (KAR)

MR. G B NARASIMHAMURTHY v. THE STATE OF KARNATAKA

WP/901/2021 · 2026-09-17

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010099122021 NC: 2026:KHC:50878 WP No.4612 of 2021 C/W WP No.901 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO.4612 OF 2021 (GM-RES) C/W WRIT PETITION NO.901 OF 2021 (GM-RES) IN W.P. No.4612/2021: BETWEEN: 1. MR. H. HANUMANTHAPPA S/O SANNA HANUMATHAPPA AGED ABOUT 28 YEARS R/AT DODDABOMMANAHALLI VILLAGE JAGALURU TALUK DAVANAGERE - 577 528. …PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADV.,) AND: 1. THE STATE OF KARNATAKA CHALLAKERE POLICE STATION CHALLAKERE CIRCLE CHITRADURGA - 577 526 REP. BY SUB INSPECTOR OF POLICE. 2. MR. V. MADHUSUDAN S/O VENKATACHALAPATHI AGED ABOUT 37 YEARS MANAGER BHARAT FINANCIAL INCLUSION LIMITED C/O BALAJI NIVAS Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010099122021 NC: 2026:KHC:50878 WP No.4612 of 2021 C/W WP No.901 of 2021 BESIDES RAVINDRA COLLEGE T R NAGARA, CHALLAKERE CHITRADURGA - 577 526. …RESPONDENTS (BY SMT. WAHEEDA M.M. HCGP FOR R1 SRI. MALLIKARJUN S. MASALI, ADV., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CRIME NO.504/2020 DTD.09.11.2020 REGISTERED BY THE CHALLAKERE POLICE STATION PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR DN) AND JMFC COURT CHALLAKERE FOR THE OFFENCES PUNISHABLE UNDER SECTION 406 AND 420 OF IPC AS PER ANNEXURE-A IN SO FAR PETITIONER CONCERN & ETC. IN W.P. NO.901/2021: BETWEEN: 1. MR. G.B. NARASIMHAMURTHY S/O BORAIAH G.C. AGED ABOUT 39 YEARS R/AT BOMMAKKANAHALLI MARENAHALLI VILLAGE CHITRADURGA-577 528. ...PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADV.,) AND: 1. THE STATE OF KARNATAKA CHALLAKERE POLICE STATION - 3 - HC-KAR CNR: KAHC010099122021 NC: 2026:KHC:50878 WP No.4612 of 2021 C/W WP No.901 of 2021 CHALLAKERE CIRCLE CHITRADRUGA -577 526 REP. BY SUB INSPECTOR OF POLICE. 2. MR. V. MADHUSUDAN S/O VENKATACHALAPATHI AGED ABOUT 37 YEARS MANAGER BHARAT FINANCIAL INCLUSION LIMITED C/O BALAJI NIVAS BESIDES RAVINDRA COLLEGE TR NAGARA, CHALLAKERE CHITRADURGA-577 526. ...RESPONDENTS (BY SMT. WAHEEDA M.M. HCGP FOR R1 SRI. MALLIKARJUN S. MASALI, ADV., FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CRIME NO.504/2020 DTD. 09.11.2020 REGISTERED BY THE CHALLAKERE POLICE STATION PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, CHALLAKERE FOR THE OFFENCES PUNISHABLE UNDER SECTION 406 AND 420 OF IPC AS PER ANNX-A & ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010099122021 NC: 2026:KHC:50878 WP No.4612 of 2021 C/W WP No.901 of 2021 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Parties present. 2. A sum of Rs.3,25,000/- was tendered by the petitioners herein, who are accused Nos.1 and 2, to the respondent-bank. 3. Manager of the respondent-bank would submit that no consent can be granted for quashing the criminal complaint as it may affect his professional career. 4. It is noted that as against the dues of Rs.2,72,000/-, petitioners have paid a sum of Rs.3,25,000/-. Since the dispute is predominantly civil liability and entire misappropriated amount with additional amount is paid by the petitioners, following the dictum of the Hon'ble Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh reported in 2021 SCC OnLine SC 834, also noting the fact that the lis is privy to the parties, this Court is of the considered opinion that the continuation of the criminal case is nothing but a futile exercise. - 5 - HC-KAR CNR: KAHC010099122021 NC: 2026:KHC:50878 WP No.4612 of 2021 C/W WP No.901 of 2021 5. Accordingly, the following: ORDER Taking note of the payment of Rs.3,25,000/- paid by the petitioners herein to the respondent- bank, the FIR in Crime No.504/2020 registered by the Challakere Police Station, Chitradurga, stands quashed. Accordingly, the writ petitions are disposed of. Sd/- (V SRISHANANDA) JUDGE BSR List No.: 1 Sl No.: 55