- 1 - HC-KAR NC: 2025:KHC:27094 CRL.P No. 2025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2025 OF 2025 BETWEEN: SUN MOBILITY PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, HAVING REGISTERED OFFICE AT NO.25, DODDANEKUNDI INDUSTRIAL AREA, MAHADEVPURA POST, WHITEFIELD MAIN ROAD, BENGALURU - 560 048. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, MS. NATASHA CHRISTINA DAVIS WILSON (HEAD OF LEGAL). …PETITIONER (BY SRI. B.M.MOHAN KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, WHITEFIELD POLICE STATION, BY ITS STATION HOUSE OFFICER, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27094 CRL.P No. 2025 of 2025 BENGALURU – 560 001. 2. AURABINDA MOHANTY, S/O. LATE KEDARNATH MOHANTY, AGED ABOUT 44 YEARS, RESIDING AT: FLAT NO.17193, TOWER 17, PARCEL-3, GISELLE BLOCK, PRESTIGE LAKESIDE HABITAT, VARTHUR, BENGALURU - 560 087. …RESPONDENTS (BY SRI.K.NAGESHWARAPPA, HCGP FOR R1; SRI.VIVEK M.S., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 31.01.2025 (ANNEXURE-C) PASSED IN PCR.NO.506/2024 AND IN CR.NO.698/2024 PASSED BY THE HONBLE I ACJM, BENGALURU RURAL ALLOWING THE INTERIM CUSTODY APPLICATION DATED 29.01.2025 FILED BY THE RESPONDENT NO.2 AND GRANTING INTERIM CUSTODY OF THE LIEN AMT OF RS.30,00,000/- IN FAVOUR OF THE RESPONDENT NO.2 AND REJECT THE INTERIM CUSTODY APPLICATION DATED 29.01.2025 FILED BY THE RESPONDENT NO.2 AND CONSEQUENTLY QUASH ALL ACTIONS PURSUANT TO THE SAME AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:27094 CRL.P No. 2025 of 2025 ORAL ORDER This petition is directed against the impugned order dated 31.01.2025, whereby the application filed by respondent No.2 under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, seeking to defreeze Account bearing No.002281300007313, IFSC Code No.YESB0000022 held in YES Bank, was allowed by the trial Court. 2. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed aforesaid application under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 and though Account shown in the said application in YES Bank is that of the petitioner, the petitioner was neither notified nor heard before the trial Court before the impugned order was passed which is assailed in the present petition. 3. Under these circumstances, without expressing any opinion on the merits/de-merits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial Court for re-consideration of the aforesaid application dated 27.01.2025 filed by respondent No.2 afresh after - 4 - HC-KAR NC: 2025:KHC:27094 CRL.P No. 2025 of 2025 providing sufficient and reasonable opportunity to the petitioner and respondents in accordance with law. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) Impugned order dated 31.01.2025 passed on the application dated 27.01.2025 under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, is remitted back to the trial Court for re-consideration afresh in accordance with law after providing sufficient and reasonable opportunity to the petitioner and respondents. (iii) Petitioner would be entitled to file his objections as well as one more application, which shall also be considered by the trial Court in accordance with law. Petitioner and respondent No.2 shall appear before the trial Court on 11.08.2025 without awaiting further notice from the trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMJ List No.: 1 Sl No.: 19