- 1 - NC: 2025:KHC:14816 WP No. 4112 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 4112 OF 2025 (GM-RES) BETWEEN: M/S PROGREDIRE SHIPPING PVT LTD COMPANY REGISTERED UNDER COMPANIES ACT, 2013, OFFICE AT NO.321, AJMERA SIKOVA, NITYANAND NAGAR, LBS MARG, GHATKOPAR WEST, MUMBAI, MAHARASTRA- 400 086. ALSO AT, BUILDING NO.A1/A, SHOP NO.7 COSMOS RESIDENCY, CHSL OPP VIJAY NAGARI, GHODBUNDER ROAD, WAGHBIL, THANE, MAHARASHTRA- 400 615 REPRESENTED BY ITS DIRECTOR SRI. TEJVEER KUMAR. …PETITIONER (BY SRI. SHESHA KARTHIK M. REDDY, ADVOCATE) AND: 1. STATE BY KENGERI POLICE STATION KENGERI SUB-DIVISION, KENGERI, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR SPP OFFICE, HIGH COURT BUILDING KARNATAKA HIGH COURT, AMBEDKAR VEEDHI BENGALURU - 560 009. 2. SRI. ANAND K S/O LATE DEJAPPA RAO, AGED ABOUT 54 YEARS, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14816 WP No. 4112 of 2025 VICE PRESIDENT M/S MANIPAL ENERGY AND INFRATECH LTD UDAYAVANI BUILDING, UDAYAVANI ROAD, MANIPAL, UDUPI KARNATAKA-576 104. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI. VENKATESH SOMAREDDI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE IMPUGNED ORDER DATED 30-12-2024 PASSED BY THE LEARNED VI ACMM, BENGALURU ON THE APPLICATION FILED BY THE RESPONDENT NO.2 UNDER SECTIONS 497 AND 503 OF BNSS IN CRIME NO. 583/2024 REGISTERED BY THE RESPONDENT NO.1-KENGERI POLICE AS PRODUCED IN ANNEXURE-A, ISSUE A WRIT OR ORDER IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE RESPONDENT NO.1-POLICE TO INTIMATE THE BANK AUTHORITY TO REVERSE THE AMOUNT TRANSFERRED TO THE RESPONDENT NO.2'S BANK ACCOUNT VIZ CANARA BANK ACCOUNT NO. 01111250000937, IFSC CODE CNRB0007027 TO THE BANK ACCOUNT OF THE PETITIONER VIZ AU SMALL FINANCE BANK ACCOUNT NO. 2402421662067020. IFSC CODE AUBL0004216 KHOPAR KHAIRANE, NAVI MUMBAI BRANCH AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER In relation to Crime No.583/2024 for the offences punishable under Sections 3(5), 318(4), and 61(2) of the Bharatiya Nyaya Sanhita, 2023, the bank account of the petitioner was frozen by the Investigating Officer, stating that - 3 - NC: 2025:KHC:14816 WP No. 4112 of 2025 the accused had fraudulently transferred the amount to the petitioner’s account. The complainant filed an application under Sections 497 and 503 of the BNSS, 2023 seeking release of the amount that was allegedly fraudulently transferred. 2. The learned Magistrate passed the impugned order directing release of a sum of Rs.49,50,605/- to the complainant, against which the present petition has been filed. 3. Heard the learned counsel for the petitioner, Sri P.P. Hegde, learned Senior Counsel representing the counsel for respondent No.2, and the learned High Court Government Pleader for respondent No.1. 4. It is alleged that the amount of Rs.49,50,605/- belonging to the complainant was fraudulently transferred to the petitioner *. However, the impugned order was passed without affording an opportunity of hearing to the petitioner to establish whether the amount was indeed fraudulently transferred or not. Therefore, the impugned order passed by the Trial Court without issuing notice is in violation of the principles of natural justice and is not legally sustainable. 5. Accordingly, the petition is allowed. The impugned order dated 30.12.2024 passed in Crime No.583/2024 by the learned VI Additional Chief Metropolitan Magistrate, Bengaluru, on the application filed under Sections 497 and 503 of the BNSS, 2023, is hereby set aside. * Deleted vide court order dated 28.4.2025. - 4 - NC: 2025:KHC:14816 WP No. 4112 of 2025 6. The Trial Court is directed to consider the application afresh and pass an appropriate order in accordance with law, after providing an opportunity of hearing to the petitioner. 7. The petitioner and respondent No.2 are directed to appear before the Trial Court on 23.04.2025. 8. Till an order is passed by the learned Magistrate on the said application, respondent No.2 is directed to mark a lien for a sum of Rs.49,50,605/- in the subject bank account. 9. The learned Magistrate is further directed to dispose of the application within two weeks from 23.04.2025. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 81