- 1 - NC: 2025:KHC:15220 WP No. 2129 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 2129 OF 2024 (GM-RES) BETWEEN: MRS. Y.P.KATHYAYINI PALEGAR W/O LATE RAMAKRISHNA SHETTY AGED ABOUT 63 YEARS R/AT NO.3, CLARENCE HOUSE LANGFORD ROAD, LANGFORD TOWN BANGALORE 560 027 MOBILE NO. 9148854002 EMAIL ID: kathyshetty2019@gmail.com …PETITIONER (BY SRI. D R RAVISHANKAR, SENIOR ADVOCATE FOR SRI. LAXMIKANTHA K B, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CENTRAL CRIME BRANCH (ANTI NARCOTICS WING SQUAD) BANGALORE CITY 560 001 2. SRI. SIDHARTH P S REDDY SON OF SRI. Y P SUDHANVA REDDY AGED ABOUT 43 YEARS R/AT NO.109, SURYA COMPLEX DODDA THOGUR GATE ELECTRONIC CITY POST BENGALURU 560 100 3. SRI. VIKRAM P.S. REDDY SON OF SRI. Y.P SUDHANVA REDDY AGED ABOUT 41 YEARS R/AT NO. 109, SURYA COMPELX DODDA THOGUR GATE ELECTRONIC CITY POST Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15220 WP No. 2129 of 2024 BENGALURU 560 100 …RESPONDENTS (BY SRI.M V ANOOP KUMAR, HCGP FOR R1 SRI TOMY SEBASTIAN, SENIOR ADVOCATE FOR SMT RENY SEBASTIAN, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE TRIAL COURT / 1ST ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BENGLAURU NOT TO PASS ANY ORDER ON THE APPLICATION FILED U/S 452 OF CR.PC IN CC.NO.892/2021 DURING THE PENDENCY OF THE APPEAL IN SUPREME COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner has been charge-sheeted for the offences punishable under Sections 120-B, 415, and 420 read with Section 34 of the IPC. During the course of the investigation, the bank accounts of the accused were frozen. However, this Court, by order dated 23.11.2023 passed in W.P. No. 23106/2021, quashed the criminal proceedings initiated against the accused based on the complaint for the aforementioned offences. Thereafter, the complainant challenged the said order before the Hon’ble Supreme Court. It is stated that the matter has been heard and the judgment has been reserved for pronouncement. - 3 - NC: 2025:KHC:15220 WP No. 2129 of 2024 2. The accused has filed an application under Section 452 of the Cr.P.C. seeking de-freezing of the bank accounts on the ground that the criminal proceedings against him have been quashed. The complainant has approached this Court contending that the Trial Court is likely to consider the said application without affording an opportunity of hearing to the petitioner–complainant. 3. Heard Sri D.R. Ravishankar, learned Senior Counsel appearing for the petitioner; Sri Tomy Sebastian, learned Senior Counsel appearing for respondent Nos. 2 and 3; and the learned High Court Government Pleader (HCGP) for the State. 4. The only grievance of the petitioner is that the Trial Court may pass an order on the said application without granting him an opportunity of hearing. Such an apprehension is unfounded, as the Trial Court is under a legal obligation to provide an opportunity to file objections and to hear all parties concerned before passing an appropriate order. 5. Accordingly, the petition is disposed of with a direction to the 1st Additional Chief Metropolitan Magistrate, Bengaluru, to pass an appropriate order on the application filed under Section 452 of Cr.P.C. in C.C. No. - 4 - NC: 2025:KHC:15220 WP No. 2129 of 2024 892/2021, after affording an opportunity to the petitioner to file objections and after granting a hearing to all concerned parties. 6. It is made clear that in the event the application is allowed, respondent Nos. 2 and 3 shall not withdraw the amount for a period of one week from the date of the order. 7. The parties are directed to appear before the Trial Court on 21.04.2025 without awaiting further notice from the Trial Court. All contentions of the parties are kept open. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BS List No.: 1 Sl No.: 26