SRI UMESH C S vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57557
CRL.P No. 12201 of 2026
CNR: KAHC010554122026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 12201 OF 2026 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI UMESH C S
S/O C H SNAKAR
AGED ABOUT 47 YEARS,
th
RESIDING AT NO. 22 6 MAIN ROAD,
SRI SIDDHIVINAYAKA LAYOUT,
VIRUPAKSHAPURA VIDYARANYAPURA,
BENGLAURU 560 097.
…PETITIONER
(BY SRI. PRAVEENA KUMAR MUGULI, ADVOCATE)
AND:
STATE OF KARNATAKA
BY VIDYARANAYA PURA POLICE STATION,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560 001.
…RESPONDENT
(BY SMT. DEEPTHI ALVA, HCGP FOR R-1
NOTICE TO R-2 IS D/W)
Digitally
signed by
VANDANA S
Location:
High Court
of Karnataka
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO DIRECT THE VII ADDL.C.J.M TO RELEASE, AND RETURN
THE BANK GUARANTEE FURNISHED BY THE PETITIONER/APPLICANT IN
CRIME NO.275/2022 AND PERMIT THE PETITIONER/APPLICANT TO DEAL
WITH HIS BANK ACCOUNT WITHOUT ANY CONTINUING RESTRAINT
ARISING FROM THE SAID BANK GUARANTEE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:57557
CRL.P No. 12201 of 2026
CNR: KAHC010554122026
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks for the following
reliefs:
a) direct the VII Additional Chief Judicial
Magistrate to release and return the bank guarantee
furnished by the petitioner/ applicant in Crime No.
275/2022 and permit the petitioner/ applicant to deal
with his bank account without any continuing
restraint arising from the said bank guarantee.
b) Pass such other order or direction as this
Hon’ble Court may deem fit and proper in the
peculiar facts and circumstances of the case, in order
to prevent abuse of the process of law and secure
the ends of justice.
2. Heard learned counsel for the petitioner and learned
HCGP for the respondent-State and perused the material
on record. Notice to respondent No.2 is dispensed with.
3. A perusal of the material on record will indicate that
pursuant to a complaint lodged by respondent-defacto
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HC-KAR
NC: 2026:KHC:57557
CRL.P No. 12201 of 2026
CNR: KAHC010554122026
complainant, proceedings in Crime No. 275/2022 were
initiated against one Siddharth Sharma and others who
were accused persons in the said proceedings. In
pursuance of the aforesaid FIR in Crime No. 275/2022, the
bank account of the petitioner was frozen which led the
petitioner filing of an application under Section 451 and
457 of Cr.P.C. seeking de-freezing his account in ICICI
First Bank, Sahakar Nagar Branch, Bengaluru. The said
application having been rejected by the learned Magistrate
vide order dated 01.02.2023, the petitioner approached
the Sessions Court in Criminal Revision Petition No.
109/2023 which was allowed vide order dated 17.03.2023
as hereunder:
O R D E R
“The Revision Petition preferred by the petitioner
under section 397 of Cr.P.C., is hereby allowed.
The impugned order dated 01.02.2023 passed
by the learned 1st Additional Chief Metropolitan
Magistrate, Bangalore in Crime No.275/2023, is
hereby set aside.
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HC-KAR
NC: 2026:KHC:57557
CRL.P No. 12201 of 2026
CNR: KAHC010554122026
Consequently, the respondent police are hereby
directed to give intimation to the concerned bank to
defreeze the account of this petitioner with following
conditions.
1. The petitioner shall furnish a bank
guarantee of Rs.7,08,000/-.
2. He shall make himself available for the
purpose of investigation whenever called by the
respondent police and to co-operate for
investigation including recovery of any
documents or any articles.
Office is hereby directed to forward the copy of
this order to the trial court forthwith.
4. As can be seen from the aforesaid order passed by
the learned Sessions Judge, the bank account of the
petitioner was directed to be de-frozen subject to
imposition of certain conditions including imposing of a
condition that the petitioner would furnish bank guarantee
in a sum of Rs.7,08,000/-. In pursuance of the aforesaid
order of the learned Sessions Judge, the petitioner has
furnished bank guarantee. Subsequently, in Crl. P. No.
347/2023 dated 09.01.2025, this Court quashed the
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CRL.P No. 12201 of 2026
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impugned proceedings as against the accused No.1-
Siddharth Sharma vide Annexure-G as hereunder:
“In this petition, petitioner seeks quashing of the FIR in
Crime No.275/2022 for the offences punishable under Sections
66(c) and (d) of the Information Technology Act, 2008, Section
120B, 417, 418, 419 and 420 of IPC on the file of I Addl. Chief
Metropolitan Magistrate, Bengaluru.
2. In addition to reiterating the various contentions
urged in the petition and referring to the material on record,
learned counsel for the petitioner submits that on 28.10.2022,
FIR in Crime No.1081/2022 was lodged by respondent No.2,
which culminated in charge sheet and C.C.No.4185/2023,
which was settled before the Lok Adalat between the petitioner
and respondent No.2-complainant. In the meanwhile, on
18.11.2022, respondent No.2-complainant having lodged one
more complaint on the same cause of action, respondent No.1-
Police registered FIR in Crime No.275/2022 against the
petitioner for the offence punishable under Sections 66(c) and
(d) of the Information Technology Act, 2008, Section 120B,
417, 418, 419 and 420 of IPC on the same set of allegations. It
is submitted that in view of the settlement of dispute between
the petitioner and respondent No.2 in C.C.No.4185/2023,
second FIR arising out of same cause of action and same set
of allegations deserves to be quashed in the light of decision of
Shakib Vs.
Co-ordinate Bench of this Court in the case of
1
State of Karnataka and Anr .
1
W.P.No.15266/2021 dated 08.07.2022
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3. Respondent No.2-complainant having been
served with notice of petition, has chosen to remain
unrepresented and has not contested the petition.
4. As rightly contended by learned counsel for the
petitioner, it is an undisputed fact that borne out from the
material on record subsequent to first complaint dated
28.10.2022, the respondent filed one more complaint making
exactly identical circumstances and in respect of the same
cause of action so also, the first complaint, which is registered
as FIR in Crime No.1081/2022 was converted into
C.C.No.4185/2022 and the same having been compromised
before the Lok Adalat, the instant complaint, which was
registered as FIR in Crime No.275/2022 is hit by doctrine of
sameness as held by the co-ordinate bench of this Court in the
Shakib
case of (supra) and the same deserves to be quashed.
5. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) The proceedings pursuant to FIR in Crime
No.275/2022 for the offences punishable under
Sections 66(c) and (d) of the Information
Technology Act, 2008, Section 120B, 417, 418,
419 and 420 of IPC on the file of I Addl. Chief
Metropolitan Magistrate, Bengaluru qua the
petitioner are hereby quashed.
5. Under these circumstances, in the light of the
quashment of the aforesaid proceedings in Crl. P. No.
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347/2023 dated 09.01.2025, I am of the considered
opinion that the conditions imposed by the learned
Sessions Judge directing the petitioner to furnish bank
guarantee deserves to be set aside and also direct the
learned Magistrate / Sessions Judgem wherever the
petitioner has furnished bank guarantee, to return the
bank guarantee and hand over the same back to the
petitioner within a stipulated timeframe.
6. In the result, I pass the following order:
ORDER
i) Petition is allowed;
ii) Condition No.1 imposed by the learned
LVIII Addl. City Civil and Sessions Judge (CCH-59),
Bengaluru City in the final order dated 17.03.2023 in
Crl. Rev. Petition No. 109/2023 directing petitioner to
furnish bank guarantee is hereby quashed and set
aside.
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CRL.P No. 12201 of 2026
CNR: KAHC010554122026
(iii) Learned Magistrate / Sessions Judge is
directed to return the bank guarantee and hand over
the same back to the petitioner within a period of 15
(fifteen) days from the date of receipt of a copy of
this order.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BVV
List No.: 1 Sl No.: 1