- 1 - NC: 2025:KHC:12206 CRL.P No. 3894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3894 OF 2025 BETWEEN: SRI. MAMILA HARISH S/O. SRI. LATE MAMILA RAVI AGED ABOUT 33 YEARS, R/AT NO.14/215-1, PRT STREET, DHARMAVARAM, ANATHAPUR DISTRICT, ANDHRA PRADESH - 515671 …PETITIONER (BY SRI. KUMARA, ADVOCATE) AND: THE STATE OF KARNATAKA K.G. HALLI POLICE STATION, BANGALORE. NOW IN CENTRAL CRIME BRANCH, (EOW) BANGALORE. REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560001. …RESPONDENT (BY SRI. THEJESH P., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 06.03.2024 PASSED BY THE I ACMM, AT BANGALORE, IN CR.NO.306/2023 OF K.G.HALLI P.S., NOW IN CCB POLICE, AND TO DIRECT THE CENTRAL BANK OF INDIA, DHARMAVARAM BRANCH, ANANTHAPURAM DISTRICT, ANDHRA PRADESH TO DEFREEZE THE BANK ACCOUNT BEARING NO. A/C NO.3583545041, IFSC CODE-CBIN0284908. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:12206 CRL.P No. 3894 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “Wherefore, the petitioner prays that this Hon’ble Court may be pleased to set aside the order dated 06.03.2024, passed by the I Addl. Chief Metropolitan Magistrate, at Bengaluru, in Crime No.306/2023 of K.G.Halli Police Station, now in CCB Police, and to direct the Central Bank of India, Dharmavaram Branch, Ananthapuram District, Andhra Pradesh to defreeze the Bank Account bearing No.A/c No.3583545041; IFSC Code:CBIN0284908, in the interest of justice, equity and law.” 2. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the material on record. 3. A perusal of the material on the record will indicate that in proceedings in Crime No.306/2023 on the file of the I Additional CMM, Bengaluru, wherein Vamshikrishna and others have been arraigned as accused persons. In the said proceedings, the petitioner filed an application under Sections 451 and 457 of Cr.P.C., seeking defreezing of her account No.358354504 maintained in Central Bank of India, Dharmavaram Branch, Andhra - 3 - NC: 2025:KHC:12206 CRL.P No. 3894 of 2025 Pradesh. So also one C.Nagamani filed an application to defreeze different Bank accounts. By the impugned common order, both applications filed by the petitioner, C.Nagamani and Mamilla Harish were rejected by the Trial Court, which is assailed in the present petition. It is needless to state that the present petition is restricted to the application filed by Mamila Harish and the application filed by C.Nagamani is disposed of in Crl.P.No.13269/2024 before this Court. 4. A perusal of the material on record will indicate that apart from the fact that the petitioner has not been arraigned as accused in the aforesaid proceedings, no amount including the amount in dispute has been transferred to the aforesaid account of the petitioner herein. Under these circumstances, the question of freezing the account of the petitioner, in which no amount was transferred, muchless subject amount was transferred, would not arise. 5. Under the aforesaid facts and circumstances, I am of the opinion that the Trial Court misdirected itself in coming to the conclusion that freezing of the account was necessary for the purpose of investigation and enquiry which was clearly not - 4 - NC: 2025:KHC:12206 CRL.P No. 3894 of 2025 warranted in the facts of the instant case. Under these circumstances, the impugned order passed by the Trial Court deserves to be set aside and the application filed by the petitioner Mamilla Harish seeking defreezing account No.358354504 in Central Bank of India, Dharmavaram Branch, Andhra Pradesh deserves to be allowed. 6. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 06.03.2024 passed in Crime No.306/2023 on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru insofar as rejection of the application filed by Mamilla Harish is hereby set aside. Consequently, application filed by Mamilla Harish under Sections 451 and 457 of Cr.P.C is hereby allowed. iii) Respondent as well as Central Bank of India, Dharmavaram Branch, Andhra Pradesh are directed - 5 - NC: 2025:KHC:12206 CRL.P No. 3894 of 2025 to defreeze the account of the petitioner immediately upon receipt of the copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 50