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High Court of Karnataka · body

2025 DAILYLAW 21865 (KAR)

JITHENDRA KUMAR v. STATE BY

WP/9313/2025 · 2025-07-02

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23750 WP No. 9313 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 9313 OF 2025 (GM-RES) BETWEEN: 1. JITHENDRA KUMAR S/O KAALESHWAR PRASAD AGED ABOUT 32 YEARS R/AT KUMAR BOYS PG, NEAR GANESHA TEMPLE, BHAGAVATHI LAYOUT, HULIMAVU BENGALURU – 560 076. 2. CHANDAN KUMAR S/O RAJENDRA PRASAD AGED ABOUT 37 YEARS R/AT NO.156/1 CHAITANYA NEST, HULIMAVU B.G. ROAD BENGALURU – 560 076. …PETITIONERS (BY SRI. PRAVEEN KUMAR HIREMATH, ADVOCATE) AND: 1. STATE BY HULIMAVU POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. 2. SRI RAMAKRISHNA P.C. NO. 20073 HULIMAVU POLICE STATION CAVE TEMPLE ROAD MAIN BUS STOP HULIMAVU BENAGLURU – 560 076. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23750 WP No. 9313 of 2025 THIS W.P IS FILED UNDER ARTICLES 226 AND 227 READ WITH SECTION 482 OF CPC PRAYING TO QUASH THE FIR DTD 03.01.2025 AND ALL FURTHER PROCEEDINGS IN CRIME NO. 02/2025 UNDER SEC 112, 318(4), 319(2) OF BNS R.W SEC 66C AND 66D OF I.T ACT, 2000 PENDING ON THE FILE OF IX ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU (9TH ACJM), PRODUCED AT ANNX-A QUASH THE STATEMENT OF INFORMATION DTD 03.01.2025 FILED BY R-2 AT ANNX-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER After arguing the matter for some time, learned counsel for the petitioners invited my attention to the interim order dated 28.03.2025 passed by this Court in order to point out that while direction issued to the respondent – Investigating Officer to release the mobile phones seized from the petitioners, was complied with by the 2nd respondent and has released the mobile phones in favour of the petitioners but the direction to the Bank to defreeze the account of the petitioners has not been complied with by them even till today and the present petition may be disposed of directing the respondents to intimate the Bank to defreeze the accounts of the petitioners immediately by reserving liberty in favour of the petitioners to approach this Court once again after filing of the charge sheet / final report. - 3 - HC-KAR NC: 2025:KHC:23750 WP No. 9313 of 2025 2. Learned Addl.SPP for the respondents submits that the petition may be disposed of reserving liberty in favour of the respondents to proceed further with the investigation in accordance with law. 3. The details of the Bank accounts which are directed to defreeze in this order are as under:- SL. NO. BANK ACCOUNT AND NAME BRANCH NAME 1. JITENDRA KUMAR Account No. 309024655970 RBL BANK, 4TH PHASE JP NAGAR 2. JITENDRA KUMAR Account No. 50100458529637 HDFC bank HULIMAVU BRANCH 3. JITENDRA KUMAR Account No. 015901532296 ICICI BANK VIJAYANAGAR BRANCH 4. VIKASH KUMAR (brother of Petitioner No.1) Account No. 50100458530042 HDFC BANK HULIMAVU BRANCH 5. VIKASH KUMAR (brother of Petitioner No.1) Account No. 309024213428 RBL BANK 4TH PHASE JP NAGAR 6. GUDDU KUMAR (nephew of Petitioner No.1) Account No. 1687008700002427 PUNJAB NATIONAL BANK, JAMHATA (GAYA), BIHAR 7. GUDDU KUMAR (nephew of Petitioner No.1) Account No. 1687000100251490 PUNJAB NATIONAL BANK, JAMHATA (GAYA), BIHAR 8. SATYENDRA KUMAR (brother of Petitioner No.1) Account No. 922010007290642 AXIS BANK - 4 - HC-KAR NC: 2025:KHC:23750 WP No. 9313 of 2025 9. KRISHNA DEVI (mother of Petitioner No.2) Account No. 50100538282476 HDFC BANK 4. In view of the aforesaid facts and circumstances and the submissions made by both sides, I am of the view that the petition may be disposed of by issuing certain directions in this regard. 5. In the result, I pass the following:- ORDER (i) Petition stands disposed of. (ii) The respondents to take necessary steps to defreeze the aforesaid accounts of the petitioners including intimating the Bank in this regard immediately without any further delay. (iii) Liberty is reserved in favour of the respondents – police authorities to proceed further with the investigation and file a final report / charge sheet strictly in accordance with law. (iv) Liberty is also reserved in favour of the petitioners to approach this Court once again after filing of the final report / charge sheet. (v) The petitioners shall co-operate with the ongoing investigation. - 5 - HC-KAR NC: 2025:KHC:23750 WP No. 9313 of 2025 (vi) Petitioners are directed to execute the indemnity bond in favour of the respondent – Investigating officer within a period of two weeks from today, who shall consider the same and give effect to this order and defreeze the aforesaid Bank accounts thereafter. (vii) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.