- 1 - HC-KAR NC: 2025:KHC:25368 CRL.P No. 1534 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1534 OF 2025 BETWEEN: SANJAY SRINIVAS K, S/O NARAYANAPPA, AGED ABOUT 42 YEARS, RESIDING AT NO. 138 2ND CROSS, MUDDHINA PALYA MAIN ROAD, PRAGATHI LAYOUT, VISVESHWARAIAH LAYOUT, BENGALURU - 560 091. …PETITIONER (BY SRI. UMESHA H.H, ADVOCATE) AND: 1. STATE BY HIGH GROUND P S SESHADRIPURAM SUB DIVISION, BENGALURU CITY, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. RADHAKRISHNA, S/O LATE SAMBASIVA, NO. 6-1-57, PLOT NO.14, HARSHA APARTMENT, 1ST MAIN ROAD, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25368 CRL.P No. 1534 of 2025 6TH CROSS, ARANGAL TOWN, GUTUR, ANDHRA PRADESH - 522 002. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; SRI. P. DHANANJAY, ADVOCATE AND SMT. VANITHA ADVOCATE FOR R2, VIDE ORDER DATED 10.07.2025) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO SET-ASIDE THE ORDER DATED 09.02.2024 IN CRIME NO. 225/2023 PASSED BY THE LEARNED VIII ADDL.CMM, BENGALURU THEREBY DISMISSING THE APPLICATION FILED BY THE PETITIONER / ACCUSED NO.1 SEEKING DEFREEZING OF HIS BANK A/C BEARING NO. 50100336754227 AT HDFC BANK, NAGARBHAVI BRANCH, BENGALURU-560072 (PRODUCED VIDE ANNEXURE A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER / ACCUSED NO.1 UNDER SECTION 451 AND 457 OF CR.PC (PRODUCED VIDE ANNEXURE E). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: "(i) Call for relevant records. (ii) Set-aside the order dated 09.02.2024 in Cr.No.225/2023 passed by the learned VIII Additional CMM, Bengaluru, thereby dismissing the application filed by the petitioner/accused No.1 seeking de-freezing of his bank a/c bearing No.50100336754227 at HDFC Bank, Nagarbhavi Branch, Benglauru-560072 (produced vide Annexure-'A' and consequently allow the application filed by the petitioner/accused No.1 under Sections 451 & 457 of Cr.P.C (produced vide Annexure-'E'); and (iii) Pass such other order or orders as deemed fit in the circumstances of the case, in the interest of justice." - 3 - HC-KAR NC: 2025:KHC:25368 CRL.P No. 1534 of 2025 2. A perusal of the material on record will indicate that the petitioner filed an application under Sections 451 and 457 of Cr.P.C seeking de-freezing of HDFC Bank account No.50100336754227, the said application having been opposed by the respondent-Prosecution, the trial Court has proceeded to pass the impugned order rejecting the application, aggrieved by which, the petitioner is before this Court by way of the present petition. 3. Learned counsel for respondent No.2/defacto complainant submits that he was neither notified nor heard before the impugned order was passed and consequently, the impugned order may be set aside and the matter remitted back to the trial Court for reconsideration of the application filed by the petitioner afresh in accordance with law. 4. Learned counsel for the petitioner would submit that he has no objection for the impugned order to be set aside and the matter remitted back to the trial Court for reconsideration afresh in accordance with law. - 4 - HC-KAR NC: 2025:KHC:25368 CRL.P No. 1534 of 2025 5. In the result, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned order dated 09.02.2024 insofar as it relates to rejecting the application filed by the petitioner under Sections 451 and 457 in respect of de-freezing of HDFC Bank account No.50100336754227 is hereby set aside. The matter is remitted back to the trial Court for reconsideration of the said application in accordance with law. iii. Petitioner and respondent No.2 shall appear before the trial Court on 21.07.2025 without awaiting further notice from the trial Court. iv. The trial Court shall reconsider the application filed by the petitioner under Sections 451 & 457 of Cr.P.C. regarding de-freezing of HDFC account bearing No.50100336754227 and dispose of the same within a period of one month from 21st July, 2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1, CT: BHK