- 1 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.18919 OF 2025 (GM-RES) BETWEEN: KARTIK JAIN S/O DEEPAK JAIN AGED ABOUT 35 YEARS, C-8, OPPOSITE TO NOIDA STADIUM SECTOR -12, GAUTHAM BUDDHA NAGARA NOIDA, UTTARA PRADESH-201301 …PETITIONER (BY MISS KEERTHI REDDY, ADVOCATE A/W SRI PADMANAGHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CYBER CRIME POLICE, BENGALURU CITY REPRESENTED BY: THE HIGH COURT GOVERNMENT PLEADER HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA BUILDING BENGALURU -560001 2. REGISTRAR OF COMPANIES KARNATAKA MINISTRY OF CORPORATE AFFAIRS GOVERNMENT OF INDIA HAVING AN OFFICE AT KENDRIYA SADAN, 2ND FLOOR E-WING Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 KORMANAGALA BENGALURU -560034 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI S RAJASHEKAR ,ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION READ WITH SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21.03.2024 PASSED BY THE LEARNED MAGISTRATE COURT REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 451 AND 457 OF CR. P. C TO DE-FREEZE THE BANK ACCOUNT, IN CRIME NO.6/2022 PENDING ON THE FILE OF THE 1ST ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE CITY (ANNEXURE -J) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 ORAL ORDER Heard the learned counsel, Miss Keerthi Reddy appearing for the petitioner and Smt. Rashmi Patel, learned HCGP appearing for respondent No.1 and Sri S Rajashekar, learned counsel appearing for respondent No.2. 2. The petitioner is before this Court, seeking for the following prayer: PRAYER WHEREFORE, in light of the aforementioned facts and the grounds relied by the petitioner, it is most humbly prayed that this Hon'ble High Court may be pleased to: a. Issue a writ in the nature of certiorari or any other appropriate writ, order, or direction to set aside the impugned order dated 21.03.2024, passed by the Learned Magistrate Court, rejecting the application filed by the Petitioner under sections 451 & 457 of Cr.P.C to de-freeze the e-freeze the bank account, in Crime No.6/2022, pending on the file of the Chief Judicial Magistrate, Bangalore City. (Annexure 'J'); and b. To issue such other relief/orders/directions in favor of the Petitioner that this Hon'ble Court may deem fit in the facts and the circumstances of the case, to meet the ends of Justice. 3. The learned counsel for the petitioner places reliance upon the judgment rendered by this Court in Criminal - 4 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 Petition No.5354/2024 disposed on 24.07.2024 in allowing the petition and quashing the proceedings qua accused No.9 in the same crime. 4. The account of the petitioner comes to be frozen after the registration of the crime in Crime No.6/2022 for several offences. The registration of the crime leads the Investigating Officer to communicate freezing of the account of the petitioner as well. Therefore, the account of the petitioner stands frozen. The petitioner then files an application before the concerned Court under Section 451 and 457 of the Cr.P.C seeking de-freezement of the account. The said application comes to be rejected and rejection of which, has driven the petitioner to this Court and the subject petition. 5. The learned counsel for the petitioner takes this Court through the documents appended to the petition with particular reference to the complaint to demonstrate that the petitioner was a Director for only 15 days from 24.09.2018 to 08.10.2018 and he went in as a Director and resigned and therefore, no allegation can be made against the petitioner as there are several other Directors against whom the allegation is - 5 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 made. Their entry and cessation is for a long period unlike that of the petitioner which is only for 2 weeks. 6. The learned counsel for the respondent/complainant would seek to justify the action contending that in 15 days itself the petitioner has amassed wealth and therefore, the order of freezing of the account should not be diluted as the petitioner will walk away with the funds that are there in the account. 7. The learned HCGP would also toe the lines of the learned counsel appearing for respondent No.2/complainant. 8. The afore-narrated facts are not in dispute and the issue now lies in a narrow compass. What has driven the petitioner to this Court is the order of the concerned Court which declines to accept the application of the petitioner seeking de-freezement of the account under Section 451 and 457 of the Cr.P.C. The crime is registered against several persons which becomes a crime in Crime No.6/2022. The petitioner is not named as accused in the said crime. The money trail leads to the account of the petitioner. The trail - 6 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 leading to the account of the petitioner is on the score that the petitioner was a Director of the particular group for a particular period of time. The complaint insofar as the present petitioner is concerned is as follows: XIONG YI DIN:07786187 (Rs.500/-) LUO YUNFEI DIN: 08055034 13.02.2018 (Date of Cessation – 30.05.2019) NOT AVAILABLE RONGHUA LIAO DIN:08055096 (Rs.9,000/-) RONGHUA LIAO DIN: 08055096 13.02.2018 (Date of Cessation – 25.09.2019) RONGHUA LIAO AXIS BANK, BANGALORE ACC No.917010080 587394 KARTHIK JAIN DIN: 08236642 24.09.2018 (Date of Cessation – 08.10.2018) KARTIK JAIN HDFC BANK, DELHI ACC No.032910000 63938 06 GORUPEE INFINTECH SERVICES PRIVATE LIMITED U67100KA201 8PTC 110137 SGR TOWARS, SITE No.298 & 299, 7TH CROSS, DOMLUR LAYOUT, BANGALORE KARNATAKA– 560071 DATE OF INCOPRATION 13.02.2018 BANK DETAILS: NOT AVAILABLE LUO YUNFEI DIN:08055034 (Rs.500/-) SANGEEP SANTHI SODAVARAP U DIN: 31.05.2019 (Date of Cessation- 27.01.2020 Not Available 9. A perusal at the afore-quoted chart would indicate that the petitioner entered the Firm as a Director on 24.09.2018 and ceased to be a Director on 08.10.2018. Therefore, he was a Director for 14 days. Except the petitioner - 7 - HC-KAR NC: 2025:KHC:30435 WP No. 18919 of 2025 being a Director, there is no other money trail that led to0020the account or acts of the petitioner. A petitioner’s account is frozen without any rhyme or reason with there being no allegations against him. 10. In that light, the petition deserves to succeed and the account of the petitioner is to be directed to defroze forthwith. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SN