- 1 - NC: 2025:KHC:12339 WP No. 29780 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 29780 OF 2024 (GM-RES) BETWEEN: S G KULKARNI AGED ABOUT 64 YEARS, SON OF G M KULKARNI, RESIDING AT NO. 1790/27, S.S. LAYOUT, 'A' BLOCK, DAVANGERE - 577 004 …PETITIONER (BY SRI. KASHYAP N NAIK., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY KTJ NAGARA POLICE STATION, DAVANAGERE, NITTUVALLI, DAVANAGERE - 577 002, REPRESENTED BY THE LD. PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, BANGALORE - 560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DTD 30.05.2024 PASSED BY THE LD. PRL. DISTRICT AND SESSION JUDGE, DAVANGERE IN CR.NO.202/2019 (ANNX-A) AND CONSEQUENTLY, ALLOW TH APPLICATION FILED BY THE Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:12339 WP No. 29780 of 2024 PETITIONER IN CR.NO.202/2019 UNDER SECTION 451 AND 457 OF THE CRPC-1973 SEEKING RELEASE OF HIS ACCOUNTS AND FIXED DEPOSITS(ANNX-H). THIS PETITION, COMING ON FOR FRESH MATTER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. A case has been registered in Cr.No.202/2019 for an offence punishable under Section 420 read with Section 34 of the Indian Penal Code (IPC). The petitioner, who is one of the Directors of the Bank against which the offence is registered, had his bank account frozen on the instructions of the investigating officer. 2. The petitioner subsequently filed an application with the Trial Court seeking the defreezing of his bank account. However, the Trial Court rejected the application, which was filed under Sections 451 and 457 of the Code of Criminal Procedure (Cr.P.C.). 3. I have heard the learned counsel for the petitioner as well as the learned High Court Government Pleader for the State. - 3 - NC: 2025:KHC:12339 WP No. 29780 of 2024 4. It is noted that the case registered in Cr.No.202/2019 has been stayed by this Court in WP.No.121/2021. 5. On instruction, the learned High Court Government Pleader submitted that no order was passed under Section 102 of the Cr.P.C. directing the defreezing of the petitioner’s bank account. Consequently, the freezing of the bank account is illegal and arbitrary. 6. Furthermore, the proceedings initiated under the Karnataka Protection of Interest of Depositors Act, 2004, have also been stayed by this Court in WP.No.121/2021. 7. Since the petitioner’s bank account was frozen without compliance with Section 102 of the Cr.P.C., the petitioner is entitled to have his account defrozen. Accordingly, the impugned order passed by the Trial Court is not legally sustainable, and the petition is allowed. 8. The impugned order dated 30.05.2024, passed by the Principal District and Sessions Judge, Davanagere, in Cr.No.202/2019, is hereby set aside, - 4 - NC: 2025:KHC:12339 WP No. 29780 of 2024 and the application filed under Sections 451 and 457 of the Cr.P.C. is allowed. 9. Respondent No.1 is hereby directed to instruct the Bank to defreeze the petitioner’s bank account, subject to the petitioner furnishing a personal bond for the amount currently held in the account, with one surety for the like sum. BH: List No.: 2 Sl No.: 5 SD/- (HEMANT CHANDANGOUDAR) JUDGE