IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF AUGUST, 2020

BEFORE

THE HON’BLE MR. JUSTICE B.A. PATIL

CRIMINAL PETITION NO.1319/2016

C/W

CRIMINAL PETITION NO.4931/2016

IN CRL.P.NO.1319/2016

BETWEEN:

Smt. Aparna Hamsa

W/o. Vinay Hegde,

Aged About 34 Years,

R/At No. 865, Ground Floor,

9th Cross, Jnana Bharathi, BDA Layout,

R.V. Vidyanikethan Post,

Kengeri Upanagara,

Bengaluru-560 059.

…Petitioner

(By Sri. Pavana Chandra Shetty H, Advocate)

AND:

1.

Smt. Indira S Nayak,

W/o. Subbanna Nayak,

Aged About 78 Years,

R/at Raitha Bandhu Thota,

Anandapuram, Sagara,

Shivamogga District-577 412.

- 2 -

2.

Smt. Vishalakshi Bhat,

W/o. Srikanth V. Hegde,

Aged About 43 Years,

R/At No. 675/9, 12^th Cross,

4^th Main, J.P. Nagar, 7^th Phase,

Bengaluru.

3.

Aravind J. Nayak,

S/o Jagadish Nayak,

Aged About 28 Years,

R/at No.501, J Block,

East Vengiya, yelahanka New Town,

Mother Dairy,

Bengaluru – 560 064.

4..

The Station House Officer

Kengeri Police Station, Kengeri,

Bengaluru-560 054.

... Respondents

(By Sri. P.P.Hegde Advocate for R3;

Sri. Rohith.B.J, HCGP for R4;

R1 & R2 served and unrepresented)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash the impugned Order dated

29.01.2016 on Interlocutory application under Section 451

r/w Section 457 of code of criminal procedure for defreeze

the respondent No.1 account No.54033691293, State Bank

of Mysore, Anandapura Branch, Sagar Taluk, Shivamogga

District produced herewith as document No.1, allow this

Criminal Petition with cost throughout.

IN CRL.P.NO.4931/2016

BETWEEN:

Smt. Aparna Hamsa

W/o Vinay Hegde

- 3 -

Aged about 34 years

R/at No.865, Ground Floor

9^th Cross, Jnana Bharathi BDA Layout

R.V. Vidyanikethan Post

Kengeri Upanagara

Bengaluru-560059.

….Petitioner

(By Sri Pavana Chandra Shetty H, Advocate)

AND:

1.

Sri S. Jagadish Nayak,

Father name not known,

Aged about 67 years

Administrative Director

Raithabandhu Aharodyama Pvt. Ltd.,

‘Thunga Sasyodyana’

Shakthinagar, Kuvettu Village

Guruvayanakere, Belthangadi

Dakshina Kannada District.

2.

Smt. Vishalakshi Bhat

W/o Srikanth V Hegde

Aged about 43 years

R/at No.675/9, 12^th Cross

4^th Main, J.P.Nagar 7^th Phase

Bengaluru.

3.

The Station House Officer

Belthangadi Police Station

Belthangadi

Dakshina Kannada District. ... Respondents

(By Sri Rohith.B.J, HCGP for R3,

R1 & R2 served and unrepresented)

- 4 -

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash the FIR relating to the

Cr.No.54/2016 on pending file of the Prl. C.J. and

J.M.F.C. Belthangadi, Dakshina Kannada for the

offence punishable under Sections 406, 409, 420 and

415 read with 34 of IPC produced herewith as

Document No.1, allow this Crl.P.

These Criminal Petitions coming on for Admission

this day, the Court made the following:

O R D E R

IN CRL.P.No.1319/2016

The present petition has been filed by the

complainant under Section 482 of Cr.P.C., praying this

Court to quash the impugned order dated 29.01.2016

passed on interlocutory application filed under Section

451 read with Section 457 of Cr.P.C., to defreeze the

Savings Bank Account No.54033691293 of respondent

No.1 in the State Bank of Mysore, Anandapura Branch,

Sagar Taluk, Shivamogga District.

2.

I have heard Sri. Pavana Chandra Shetty.H,

learned counsel for the petitioner-complainant and

Sri. Rohith B.J., learned High Court Government

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Pleader for respondent No.4. Learned counsel for

respondent No.3 has remained absent. Though notice

has been served to respondent Nos.1 & 2, they are not

represented by any counsel, they have also remained

absent.

3.

Though this case is listed for admission, with the

consent of learned counsels appearing for the parties,

the same is taken up for final disposal.

4.

The brief facts of the case as averred in the

complaint ar