- 1 - NC: 2025:KHC:5734 CRL.P No. 13269 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13269 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT. C. NAGAMANI, W/O SRI M. HARISH, AGED ABOUT 27 YEARS, R/AT NO.27/9/199, MUDDIREDDYPALLI, HINDUPUR, HINDUPUR TALUK ANANTHAPUR DISTRICT, ANDHRA PRADESH-515201 PRESENTLY RESIDING 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 STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 …RESPONDENT (BY SRI. THEJESH P., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 06.03.2024 PASSED BY THE I ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE, IN CR.NO.306/2023 OF K.G.HALLI POLICE STATION, NOW IN CCB POLICE AND TO DIRECT THE Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5734 CRL.P No. 13269 of 2024 CENTRAL BANK OF INDIA, DHARMAVARAM BRANCH, ANANTHAPURAM DISTRICT, ANDHRA PRADESH, TO DEFREEZE THE BANK ACCOUNT BEARING NO.3732937336, IFSC CODE- CBIN0284908. 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 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.3732937336; 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 - 3 - NC: 2025:KHC:5734 CRL.P No. 13269 of 2024 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 Pradesh. So also one Mamilla Harish 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 C.Nagamani and the application filed by Mamilla Harish is not before this Court in the present petition. 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. - 4 - NC: 2025:KHC:5734 CRL.P No. 13269 of 2024 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 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 C.Nagamani 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 C. Nagamani is hereby set aside. Consequently, application filed by - 5 - NC: 2025:KHC:5734 CRL.P No. 13269 of 2024 C. Nagamani 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 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.: 3 Sl No.: 3