- 1 - HC-KAR NC: 2025:KHC:38996 CRL.RP No. 1261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1261 OF 2025 BETWEEN: 1. SRI S RAJU S/O S CHANNAPPA, AGED ABOUT 61 YEARS, RESIDING AT NO. 99/3, 4TH CROSS, WIDIA LAYOUT, VIJAYNAGAR BENGALURU - 560 040. …PETITIONER (BY SRI. M.S. BHAGWAT, SENIOR COUNSEL FOR SRI. ADITHYA R. CHAKRAGIRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA LOKAYUKTHA POLICE, TUMKUR DISTRICT TUMKUR - 572 101 REP BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 01. …RESPONDENT (BY SRI. PRASANNA SHETTY, ADVOCATE) THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 13.05.2025 REJECTING THE CRL.MISC.NO.566/2025 FILED BY THE PETITIONER U/S 498 AND 503 OF BNSS, 2023, BY THE HONBLE VII ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AND SPECIAL JUDGE P.C. ACT (ANNEXURE-A) AND Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38996 CRL.RP No. 1261 of 2025 ALLOW THE SAID CRL.MISC.NO.566/2025 AS PRAYED FOR BEFORE THE HONBLE TRIAL COURT (ANNEXURE-F). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned senior counsel appearing for the petitioner as well as the counsel appearing for the respondent. 2. This petition is filed assailing the order dated 13.05.2025 rejecting the petitioner's application filed under Sections 497 and 503 of Bharatiya Nagarika Suraksha Samhitha, 2023. The said application is filed to defreeze the petitioner's bank accounts bearing No.1101 94085801, 1960101060373 in Canara Bank, Chandra Layout Branch and account bearing No.36508232688 and 640149437 in State Bank of India, Chandra Layout, Bengaluru. 3. It is not in dispute that the complaint is filed against the petitioner for the offences punishable under - 3 - HC-KAR NC: 2025:KHC:38996 CRL.RP No. 1261 of 2025 Section 13(1)(b) read with Section 13(2) of Prevention of Corruption Act, 1988. The petitioner contends that a false source of income report is created on 09.12.2024 alleging that the petitioner has amassed wealth disproportionate to the known source of income and without holding any preliminary enquiry based on hearsay evidence and the erroneous source report, the case is registered in Crime No.1/2025. 4. It is not in dispute that the petition is filed assailing to quash the aforementioned complaint and the case is pending in W.P. No.3579/2025 and further proceedings are stayed vide order dated 07.02.2025. 5. The petitioner has filed the application on the premise that there is no justification to freeze the bank accounts and one of the bank accounts is the pension account. 6. The Trial Court has rejected the application accepting the objection filed by the respondent. The - 4 - HC-KAR NC: 2025:KHC:38996 CRL.RP No. 1261 of 2025 application is rejected on the premise that the investigation is still pending and in case the account is defreezed, it would seriously prejudice the investigation. 7. Learned senior counsel appearing for the petitioner would submit that the amount credited and debited from the account of the petitioner will be borne out in the records maintained by the concerned bank and merely because the amount is withdrawn, the respondent will not be put to any prejudice and it will not hamper the investigation. 8. Learned counsel for the respondent on the other hand would submit that the very investigation is stayed in view of the petition filed by the petitioner for quashing the complaint. 9. This Court has considered the contentions raised at he bar. 10. The allegation against the petitioner is that the petitioner has amassed huge wealth disproportionate to - 5 - HC-KAR NC: 2025:KHC:38996 CRL.RP No. 1261 of 2025 his known source of income. If the petitioner has amassed huge wealth disproportionate to known source of income and that amount is kept in the bank as alleged by the respondent, the details are available in the bank account. 11. Under these circumstances, the respondent cannot contend that the account has to be freezed as it is not the case of the respondent that it has initiated case to recover the amount. 12. Under these circumstances, the application to defreeze the bank account ought to have been allowed. Merely because the petition is pending for quashing the complaint, is not a ground to reject the application. Hence, the following:- ORDER (i) The petition is allowed. (ii) The impugned order dated 13.05.2025 in Criminal Misc. No.566/2025 on the file of VII Additional District and Sessions Judge, - 6 - HC-KAR NC: 2025:KHC:38996 CRL.RP No. 1261 of 2025 Tumakuru and Special Judge Prevention of Corruption Act is set-aside. (iii) The petitioner's bank account bearing No.1101 94085801, 1960101060373 in Canara Bank, Chandra Layout Branch and account bearing No.36508232688 and 640149437 in State Bank of India, Chandra Layout Branch, Bengaluru are ordered to be de-freezed. (iv) The petitioner shall furnish the details of the transaction as and when requisitioned by the respondent. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 2 Sl No.: 30