WP/25145/2026 of MR.MALLIKARJUN Vs STATE OF KARNATAKA on 11 August 2026

ORAL ORDER

Heard Sri. Akash B. Shetty, learned counsel appearing for the petitioners, Smt. Deepti Alva, learned High Court Government Pleader appearing for respondent No.1, Sri S.Noor Mohammed, learned counsel appearing for respondent No.2 and have perused the material on record.

2. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint compromise affidavit. Terms of settlement reads as follows:

"JOINT COMPROMISE AFFIDAVIT IN

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W.P.No.25145/2026

I, Mallikarjun, S/o. Late Hanumantha, aged about 33 Years, residing at T. Dasarahalli, Beside Lake, Peenya, Bengaluru City-560057, I am the Petitioner No.1 herein well conversant with the facts of the case. Hence, I am swearing to this affidavit, I, Kiran Kumar K, S/o. Krishnappa, aged about 41 Years, residing at Veeraraghavana Palya, Nelamangala Post, Nelamangala Taluk, Bengaluru Rural District, Karnataka- 562123, I am the Petitioner No.2 herein well conversant with the facts of the case Hence, I am swearing to this affidavit, I, Arun Kumar, S/o. Padmanabjachari, aged about 37 Years residing at Nelamangala Taluk, Bengaluru Rural District Karnataka-562123, I am the Petitioner No.3 herein well conversant with the facts of the case. Hence, I am swearing to this affidavit,

AND;

I, Shri Subramanya B.T, S/o Thammaiah, aged 41 yea residing at No.31166, 16th Floor, Building-3, Tower 1, Jin Prestige City, Manjunath Nagar, Bengaluru-560073, I am Respondent No.2/ De-Facto complainant well conversant with facts of the case. Hence, I am swearing to this affidavit; We do hereby declare and state as follows:

1. That, the contents of the above Writ Petition may be read as part and parcel of this application to avoid repetition of the case.

2. That based on the complaint filed by the Respondent No.2 Bagalagunte Police registered a FIR in Crime No.0255/2026 dated 17/06/2026 against the Petitioners, for the alleged offenses punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, before the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City and subsequently, the Petitioners were arrested and later released on regular Bail.

3. The Respondent No.2 was defrauded by a person in the name of Rahul and suspected that the person who called

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in the name of Rahul is similar to Accused No.1's voice and alleges that he induced Respondent No.2 to transfer large amounts to the various companies. Therefore Respondent No.2/Complainant filed a complaint before the Bagalagunte Police Station on 17/06/2026, against the Petitioners. Based on the said compliant the Bagalagunte Police registered a FIR in Crime No.0255/2026 dated 17/06/2026 against the Petitioners on the file of the court of the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City for the alleged offences punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, arraying the Petitioners as Accused.

4. That, at this stage, the Complainant/Respondent No.2 voluntarily agreed to withdraw the allegations against insofar as the petitioner's concern in the above case by way of compromise and ready to settled the above Criminal Case by entering into a Joint Compromise Affidavit before this Hon'ble Court.

5. That, both parties submit that the Petitioners and Respondent No.2/Complainant have no enmity against each other and they have amicably settled the matter in the above case and agreed that there will no further rivalries or claim in any way between them in a future day in relating to the above issue.

6. That, the Respondent No.2 submits that he has no objection for quashing of the FIR registered by the Bagalagunte Police in Crime No.0255/2026 dated 17/06/2026, against the Petitioner No.1 to 3 for the alleged offenses punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City.

In view of the settlement, we the deponents herein pray before his Hon'ble Court kindly allow this application and quash the FIR registered by the Bagalagunte Police in Crime No.0255/2026 dated 17/06/2026, against the Petitioners for the alleged offences punishable under Section 316(2), 316(5), 318(4), 319(2), r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City.

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We, the Deponents herein, do hereby declare that what is stated in the above paragraphs are all true and correct."

"JOINT COMPROMISE AFFIDAVIT IN W.P No.24158/2026

"I. Vinodh Kumar R., S/o. Ramaiah V, aged about 41 Years, residing at No.24 & 25, Merit Elite, Greens Flat No.105, 1st cross, Pette Krishnappa Layout, K Channasandra, Horamavu, Channasandra, Bangalore, Karnataka-560043, I am the Petitioner herein well conversant with the facts of the case. Hence, I am swearing to this affidavit, AND; I, Shri Subramanya B.T, S/o Thammalah, aged 41 years, residing at No.31166, 16th Floor, Building-3, Tower -1, Jindal Prestige City, Manjunath Nagar, Bengaluru-560073, I am the Respondent No.2/ De-Facto complainant well conversant with the facts of the case. Hence, I am swearing to this affidavit; We do hereby declare and state as follows:

1. That, the contents of the above Writ Petition may be read as part and parcel of this application to avoid repetition of the case.

2. That, based on the complaint filed by the Respondent No.2, Bagalagunte Police registered a FIR in Crime No.0255/2026 dated 17/06/2026 against the Petitioner, for the alleged offenses punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, before the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City an subsequently, the Petitioner was arrested and later released o regular Bail.

3. That, allegation of the complainant is Petitioner is a bank office who was working as a Manager in the Axis Bank branch situated at Hesaraghatta Main Road, Bagalgunte, Bengaluru, in ordinary course of his official duties, he came to know Respondent No.2, who used to visit the branch in connection with his logistics and

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manpower-related business and banking requirements and The Respondent No.2 got acquainted with Petitioner

4. The Respondent No.2 was defrauded by a person in the name of Rahul and suspected that the person who called in the name of Rahul is similar to Petitioner's voice and alleges that petitioner has allegedly induced Respondent No.2 to transfer large amounts to the Accused No. 2's company. Later he came to know that the owner of the company where the complainant was invested in is one Mr. Mallikarjun (Accused No.2) and all his accounts are maintained in Axis Bank branch situated at Hesaraghatta Main Road, Bagalgunte, Bengaluru where the Therefore Respondent No.2/Complainant filed a complaint before the Bagalagunte Police Station on 17/06/2026, against the Petitioner and others. Based on the said compliant the Bagalagunte Police registered a FIR in Crime No.0255/2026 dated 17/06/2026 against the Petitioners on the file of the court of the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City for the alleged offences punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, arraying the Petitioner is works as manager. Petitioner as Accused No.1.

5. That, the Petitioner's position as a bank manager cannot create vicarious criminal liability for transactions undertaken by customers or separate business entities. Hence continuation of the proceedings would therefore amount to abuse of process.

6. That, at this stage, the Complainant/Respondent No.2 voluntarily agreed to withdraw the allegations against insofar as the petitioner's concern in the above case by way of compromise and ready to settle the above Criminal Case by entering into a Joint Compromise Affidavit before this Hon'ble Court.

That, both parties submit that the Petitioners and Respondent No.2/Complainant have no enmity against each other and they ave amicably settled the matter in the above case and agreed hat there will no further rivalries or claim in any way between em in a future day in relating to the above issue.

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at, the Respondent No.2 submits that he has no objection for quashing of the FIR registered by the Bagalagunte Police in e No.0255/2026 dated 17/06/2026, against the Petitioner Accused No.1) for the alleged offenses punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City.

9. In view of the settlement, we the deponents herein pray before this Hon'ble Court kindly allow this application and quash the FIR registered by the Bagalagunte Police in Crime No.0255/2026 dated 17/06/2026, against the Petitioner (Accused No.1) for the alleged offenses punishable under Section 316(2), 316(5), 318(40, 319(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Hon'ble III Addl. Chief Judicial Magistrate, Bengaluru City.

We, Vinodh Kumar R., S/o. Ramaiah V, the Deponent No.1 herein and Shri Subramanya B.T, S/o Thammaiah, Deponent No.2 herein, do hereby declare that what is stated in the above paragraphs are all true and correct."

3. In the light of applications for compounding being filed along with the joint compromise affidavits and offences not being against the State, I deem it appropriate to accept the compounding applications and terminate the proceedings against the petitioners in the subject petitions.

4. For the aforesaid reasons, the following:

ORDER

(i) Criminal Petitions stands disposed.

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(ii) Impugned Investigation in Crime No.0255/2026 of Bagalagunte Police Station, on the file of Learned III Additional Chief Judicial Magistrate, Bengaluru City, against the petitioners stands quashed.

Sd/- (M.NAGAPRASANNA) JUDGE

HR List No.: 2 Sl No.: 111