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2023 Supreme(Online)(Kar) 29259
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NC: 2023:KHC:35937
CRL.P No. 5982 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION No.5982 OF 2023
BETWEEN:
1.
MR DAMODARA NAIDU V
SON OF V GOPALA NAIDU
AGED ABOUT 46 YEARS
2.
MR GOWRI V
WIFE OF DAMODARA NAIDU V
AGED ABOUT 43 YEARS
BOTH ARE RESIDING AT NO.436
BHCS LAYOUT, 1ST MAIN
3RD CROSS, NEAR SADHANA COLLEGE
UTTARAHALLI
BENGALURU -560 061
…PETITIONERS
(BY SRI PRADEEP K R, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY SUBRAMANYAPURA POLICE STATION
BENGALURU -560 061
REPRESENTED BY SPP
HIGH COURT, BENGALURU – 560 001
2.
MR RAKESH C
SON OF CHANDRAPPA
AGED ABOUT 33 YEARS
RESIDING AT NO.2374
GROUND FLOOR,
25TH MAIN
HSR LAYOUT, SECTOR 1
BENGALURU -560 102
Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2023:KHC:35937
CRL.P No. 5982 of 2023
…RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1;
SRI DECLYN GOMES, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439(2) OF CRIMINAL PROCEDURE CODE TO ALLOW THIS
PETITION AND TO REVOKE THE BAIL GRANTED TO THE
RESPONDENT NO.2 IN CRL.P.NO.1956/2023 FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 406, 420, 468, 471 OF IPC
REGISTERED BY THE SUBRAMANYAPURA POLICE STATION
WHICH IS PENDING ON THE FILE OF THE IV ACMM,
BENGALURU AND TO CONFIRM THE ORDER PASSED BY THE
LXIX
ADDITIONAL
CITY
CIVIL
AND
SESSIONS
JUDGE,
BENGALURU CITY (CCH-70) IN CRL.MISC.NO.115/2023.
THIS CRIMINAL PETITION COMING ON FOR FURTHER
CONSIDERATION,
THIS
DAY,
THE
COURT
MADE
THE
FOLLOWING:
Learned
counsel
for
petitioners
and
counsel
for
respondents present.
Respondent No.2-Sri Rakesh C, is absent on account of
his ill health.
3.
Memo filed, memo accepted. A sum of Rs.2,60,000/-
which is the insurance claim is entitled to be received by Sri
Damodara Naidu under due identification from State Bank of
India Life Insurance Company Limited (hereinafter referred to
as ‘Insurance Company’ for short) for which Sri Rakesh C has
no objection as he has already given letter to the Insurance
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Company. After receipt of insurance amount, the pending civil
cases should also be brought to logical end.
4.
Sri
K.R.Pradeep,
learned
counsel
submits
that
Rs.2,60,000/- which is the insurance amount payable to Sri
Rakesh C is ordered to be withdrawn by Sri Damodara Naidu,
as Sri Rakesh has already given letter to the State Bank of
India. In view of the settlement inter se, Damodara Naidu to
receive the insurance claim in a sum of Rs.2,60,000/- from
Insurance Company, Master Policy No.70000018311 (SBI Lite-
RiNn Raksha), Member ID:603428210 dated 08.06.2022.
5.
Since the matter is inter se settled among the parties,
Rakesh C shall withdraw O.S.No.5619/2022 as settled out of
Court and is entitled to obtain refund of permissible Court Fee.
6.
Since the matter is settled inter se parties, present
petition filed by the petitioners under Section 439(2) of the
Code of Criminal Procedure seeking cancellation of bail has
rendered infructuous, in view of the fact that the very criminal
cases initiated by the petitioners against respondent No.2 in
Criminal Petition Nos.9668/2023 and 9669/2023 stood quashed
by the Order passed by this Court dated 04.10.2023.
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7.
Accordingly,
petition
stands
dismissed
as
having
rendered infructuous.
Sd/-
JUDGE
kcm
List No.: 1 Sl No.: 63
