NC: 2026:KHC:13945
CRL.P No. 16837 of 2025
HC-KAR
5. For the aforesaid reasons, the following:
O R D E R
(i) Criminal Petition is allowed.
(ii) Impugned proceedings in C.C.No.7576/2024 pending before the XLV Additional Chief Metropolitan Magistrate, Bengaluru qua the petitioner stand quashed.
(iii) It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of the petitioner under Section 528 of BNSS, 2023, and the same shall not bind or influence the proceedings pending before any other fora between the same parties. THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.7576/2024 PENDING ON THE FILE OF THE XLV ADDL. CJM, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 43, 65 AND 66 OF THE I.T. ACT, 2000 AND SECTION 447 OF THE COMPANIES ACT, 1956 AND SECTIONS 34, 120B, 379, 408, 420, 409, 403, 381, 418, 405 AND 415 OF THE IPC, 1860 ARISING OUT OF CRIME NO.1650/2018 REGISTERED BY RESPONDENT NO.1 - CYBER CRIME POLICE STATION, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri.Yeshu Mishra, learned counsel appearing for the petitioner, Sri.B.Pushpalatha, learned Addl. SPP appearing for respondent No.1, Smt.Shivani P. Murthy, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record.
2. Learned counsel appearing for the petitioner submits that the petitioner is similarly placed to that of the accused in Crl.P.No.6306/2024 C/w Crl.P.No.6295/2024, disposed on 29.04.2025, wherein this Court has held as follows:
8. The afore-narrated facts of relationship between the complainants/Company and the petitioners is a matter of record. The petitioners getting relieved on resignation or otherwise is also a matter of record. It would suffice if the issue in the lis is considered from registration of the complaint. Prior to registration of the subject complaint, the Company in which the petitioners were employed institutes a suit in O.S.No.3604 of 2018. The relief sought in the suit is as follows:
“WHEREFORE, the Plaintiffs in the instant case humbly pray before this Hon’ble Court that it may be pleased to pass a judgment and decree against the Defendant by:
a) Directing the Defendants to pay damages to the tune of ₹7,34,43,754/- (Rupees Seven Crore Thirty Four Lakh Forty Three Thousand Seven Hundred and Fifty Four only) to the Plaintiffs on account of loss of business, revenue, profits, reputation, leak of IP among with interest @ 18% p.a. from the date of filing of the suit till realization
b) Restraining the Defendants, their proprietors, partners or directors, as the case may be, its principal officers, servants, agents, representatives, contractors, assigns, sister concerns and any other person working for and on behalf of the Defendants, from divulging or disclosing confidential and proprietary information of the plaintiffs to any third party or to use such information for their own benefit and to the detriment of the plaintiffs or parting with the Computer Systems/equipments, emails, softwares, client database and dealings details, technological know-now, trade secrets and various other extremely confidential, crucial and vital electronic records, documents, data, information of the Plaintiff No.1 and from reproducing and/or substantially reproducing and/or copying the Plaintiff’s said properties;
c) Restraining the defendants, its proprietors, partners or directors, as the case may be, its principal officers, servants, agents, representatives, contractors, assigns, sister concerns and any other person working for and on behalf of the Defendants, from infringing in any manner the copyright in the literary work subsisting in the documents, presentations, flow charts, algorithms, coding sheets, source code of the Plaintiff’s softwares, etc. and from reproducing and/or substantially reproducing and/or copying and/or imitating and/or publish
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