Disposed¶23

Prabhaiah B v. the State of Karnataka

Karnataka HC7 Feb 2025CRL.P/1420/2025

Case brief

AI extract

What is this about?

Enforcement of earlier High Court order; release of deposited amount on indemnity bond. Keywords: CRL.P No. 1420 of 2025; Hemant Chandangoudar; S.482 CrPC; S.528 BNSS; Prabhaiah B.; State of Karnataka / Karnataka Lokayukta PS (ACB), Tumakuru; Crl.P No. 5069/2022 (order dated 27.11.2023); Spl.C.No.509/2023 (2nd Addl. Dist. and Sessions Judge, Tumakuru); P.F. No. 1/2018; ₹36,92,900/- sought; ₹36,92,000/- deposited and released; indemnity bond; conditions Sl.No.(iii)(a) and (b) rendered unenforceable; release within ten days; petition disposed of.

What did the court decide?

Petition disposed of with directions to the Trial Court (Spl.C.No.509/2023) to release the deposited amount of ₹36,92,000/- to the petitioner upon his furnishing an indemnity bond for that sum, within ten days from receipt of the certified copy of the order. ¶23

Prabhaiah B Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Trial Court should release the amount deposited by the respondent in compliance with the order dated 27.11.2023 in Crl.P No. 5069/2022, and on what terms (including any indemnity bond), pursuant to the petitioner's prayer to enforce that order in Spl.C.No.509/2023.

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Court's answer

Since the respondent has deposited the amount before the Trial Court in compliance with the order in Crl.P No. 5069/2022, the conditions stipulated in Sl. No. (iii)(a) and (b) of that order are rendered unenforceable.

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Ratio / Principle

The Trial Court was directed to release the deposited amount to the petitioner, subject to the petitioner furnishing an indemnity bond for ₹36,92,000/-.

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Key takeaways

The release exercise is to be completed within ten days from the date of receipt of the certified copy of the order.ratio¶22

Detailed headnote1 paragraphs

Karnataka High Court (Hemant Chandangoudar, J.), by oral order dated 07.02.2025, disposed of CRL.P No. 1420 of 2025 (filed under S.482 Cr.PC / S.528 BNSS) by Prabhaiah B. seeking enforcement of the order dated 27.11.2023 in Crl.P No. 5069/2022, which had directed the respondent (Karnataka Lokayukta PS (ACB), Tumakuru) to return ₹36,92,000/- in P.F. No. 1/2018 subject to conditions. Since the respondent had already deposited the amount before the Trial Court in compliance with that order (pending case: Spl.C.No.509/2023, 2nd Addl. District and Sessions Judge, Tumakuru), the Court found the conditions in Sl.No.(iii)(a) and (b) rendered unenforceable and directed the Trial Court to release the deposited amount to the petitioner upon his furnishing an indemnity bond for ₹36,92,000/-, the exercise to be completed within ten days of receipt of the certified copy of the order.

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NC: 2025:KHC:5664 CRL.P No. 1420 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF FEBRUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1420 OF 2025 (482(CR.PC) / 528(BNSS))

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BETWEEN:

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PRABHAIAH B. S/O. LATE BETTAPPA, AGED ABOUT 68 YEARS, R/AT: 4^TH CROSS, VIDYA NAGAR, TIPATUR, TUMAKURU-572 112.

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… PETITIONER

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(BY SRI. TUSHAR Y. YADAVADAGI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY KARNATAKA LOKAYUKTA PS (ACB), TUMAKURU.

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… RESPONDENT

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(BY SRI. M.R. PATIL, HCGP)

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Digitally signed by B K MAHENDRAKUMAR B K Location: HIGH MAHENDRAKUMAR COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:56 +0530

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THIS CRL.P. IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ALLOW THE PETITION AND PASS DIRECTIONS IN SPL.C.NO.509/2023 PENDING ON THE FILE OF THE 2^ND ADDL. DIST. AND SESSIONS JUDGE, AT TUMAKURU TO ENFORCE THE ORDER OF THIS HON’BLE COURT IN CRL.P.NO.5069/2022, TO RELEASE RS.36,92,900/- IN FAVOUR OF PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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NC: 2025:KHC:5664 CRL.P No. 1420 of 2025

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ORAL ORDER

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The petitioner has filed this petition seeking enforcement of the order dated 27.11.2023, passed in Crl.P No. 5069/2022, for the release of a sum of ₹36,92,900/- in favor of the petitioner. This Court had directed the respondent to return an amount of ₹36,92,000/- in P.F. No. 1/2018, subject to certain conditions.

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In compliance with the order passed by this Court, the respondent has deposited the amount before the Trial Court. Consequently, the conditions stipulated in Sl. No. (iii)(a) and (b) are rendered unenforceable. The Trial Court is directed to release the deposited amount, subject to the petitioner furnishing an indemnity bond for a sum of ₹36,92,000/-.

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The said exercise shall be completed within ten days from the date of receipt of the certified copy of this order.

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With the above observations, the petition is disposed of.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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Bkm CT:BCK List No.: 19 Sl No.: 4

Prabhaiah B v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Prabhaiah B v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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