- 1 - HC-KAR NC: 2025:KHC:46639 CRL.P No. 12978 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12978 OF 2025 BETWEEN: ANURAG SHARMA S/O SHRI AJAY KUMAR SHARMA AGED ABOUT 35 YEARS, R/O 402, HARISON HEIGHTS, 71, HARI NAGAR, ASHRAM, NEW DELHI 110014 …PETITIONER (BY SRI. ABHAY KINI B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560001. 2. THE STATION HOUSE OFFICER CEN CRIME POLICE STATION, CHIKKABALLAPURA DISTRICT 562101. …RESPONDENTS (BY SRI.RAHUL RAI.K., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO MODIFY THE CONDITIONS IMPOSED IN THE ORDER DATED 10.05.2025 PASSED BY THE II ADDL. SR.CIVIL JUDGE AND JMFC, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46639 CRL.P No. 12978 of 2025 CHIKKABALLAPURA IN C.C.NO.430/2024. IN SO FAR AS IT IMPOSE CONDITIONS FOR DE-FREEZING OF THE PETITIONERS BANK ACCOUNT AND DIRECT UNCONDITIONAL DE-FREEZING OF THE SAID ACCOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is aggrieved by the order dated 10.02.2025 passed by the II Additional Senior Civil Judge and JMFC, Chikkaballapura in C.C.No.430/2024, insofar as imposing conditions while de-freezing the petitioner's bank account. 2. The material on record reveals that the accused filed an application under Section 320(1) & (2) of Cr.P.C., which was allowed. The complainant/informant was permitted to compound the case. The accused was acquitted of the offence charged against him in the charge sheet. The said order was passed on 14.09.2024. - 3 - HC-KAR NC: 2025:KHC:46639 CRL.P No. 12978 of 2025 3. The petitioner herein filed an application for de- freezing the bank account. The said application was allowed by the learned Magistrate vide order dated 10.02.2025, on the following conditions; 1. The applicant shall furnish the copy of the Bank account statements the day on which the Investigating Officer has reported freezing Bank account of applicant. 2. The applicant has to execute the indemnity bond and surety for Rs.5,00,000/-. 3. The applicant shall undertake to make good of amount in the event of applicant being found liable to pay the amount and abide by the order of this court." 4. It is relevant to see that while allowing the application for de-freezing the petitioner's bank account, the prosecution did not object to the application and not alleged that the applicant is involved in the crime. The - 4 - HC-KAR NC: 2025:KHC:46639 CRL.P No. 12978 of 2025 learned Magistrate has observed that the basic requirements are that the properties sought to be seized or frozen must be either stolen properties or they should have been found to have some nexus with the alleged offence which is under investigation. 5. The case was registered alleging offences punishable under Section 406 and 420 of IPC and Section 66(D) of the IT Act. The order of the learned Magistrate shows that the complainant has withdrawn his amount from the bank account of the applicant. However, it is contented by the learned counsel for the petitioner that there was no such transaction between the complainant and the applicant. The learned Magistrate found no legal justification for freezing the bank account of the applicant and found it appropriate to order de-freezing of the bank account. 6. In view of the observations and findings of the learned Magistrate, it was not proper to impose any - 5 - HC-KAR NC: 2025:KHC:46639 CRL.P No. 12978 of 2025 conditions on the applicant while de-freezing the bank account. If the Investigating Officer finds involvement of the applicant/petitioner, it is always open for him seek freezing of the account. 7. For the aforesaid reasons, the condition Nos.1 and 2 imposed by the II Additional Senior Civil Judge and JMFC, Chikkaballapura vide Order dated 10.02.2025, while de-freezing the bank account of the petitioner/applicant are set aside. The condition No.3 shall be intact. Accordingly, the petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE KLY CT: JL