- 1 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10270 OF 2024 BETWEEN: B. SHASHIDHAR S/O K. BASAVARAJU AGED ABOUT 49 YEARS R/AT. NO.1260, 46TH CROSS KUMARASWAMY LAYOUT BENGALURU - 560 078 PROPRIETOR- M/S SATTY ASSOCIATES, BENGALURU. …PETITIONER (BY SRI VINAYAK VAMANRAO KULKARNI, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY HIGH GROUNDS POLICE STATION THROUGH STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. THE INVESTIGATING OFFICER CCB (SEW) SQUAD POLICE MYSORE ROAD, COTTONPET BENGALURU - 560 023. …RESPONDENTS (BY SRI B.A. BELLIAPPA, SPP SOR SRI RANGASWAMY R, HCGP FOR R-1 & R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBEL LIX ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY IN CRL.RP.NO.395/2024 ON THE APPLICATION FILED UNDER SEC.397 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 OF CODE OF CRIMINAL PROCEDURE BY THE RESPONDENT NO.2/ DATED 10.09.2024 (DOCUMENT NO.1) DIRECTING THE MANAGER, AXIS BANK TO DEFREEZE THE ACCOUNT OF THE PETITIONER HEREIN BEARING NO.923020054689341 AND TRANSFER A SUM OF RS.30,00,000/- TO THE ACCOUNT OF PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner is before this Court assailing the order dated 10.09.2024 passed by the Court of LIX Addl. City Civil and Sessions Judge, Bengaluru in Crl.R.P.No.395/2024 and the order dated 19.07.2024 passed by the Court of I ACMM, Bengaluru in C.C.No.15909/2024 rejecting application filed by the petitioner/accused No.10 under Sections 451 & 457 of Cr.P.C, with a prayer to defreeze his bank account. 2. Heard the learned counsel appearing for the parties. 3. Perusal of the material on record would go to show that, the petitioner is arraigned as accused No.10 in C.C.No.15909/2024 before the Court of I ACMM, - 3 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 Bengaluru, arising out of Crime No.9/2024 registered by High grounds Police Station, Bengaluru for the offences punishable under Sections 406, 409, 420, 120B R/w 34 of IPC and Section 78(1)(A)(i), 78(2) of Karnataka Police Act, 1963. It appears that during the course of investigation of the said case, the petitioner's bank account bearing No.923020054689341 in Axis Bank, Bangarappa Layout branch, Bengaluru was freezed by the police. It is under these circumstances, application was filed by the petitioner / accused No.10 under Sections 451 & 457 of Cr.P.C with a prayer to defreeze his bank account and the said application was rejected by the learned Magistrate by order dated 19.07.2024. Assailing the said order, the petitioner had filed Crl.R.P.No.395/2024 before the jurisdictional Court, which was rejected on 10.09.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits the petitioner's bookmakers license has been renewed and he - 4 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 is doing his business at Bengaluru Turf Club Ltd., under the renewed license. The amount that was found in the bank account of the petitioner at the time of freezing the said account was borrowed by the petitioner for the purpose of his son's educational expenses. The petitioner has produced necessary material to show that the said loan was sanctioned by a private finance company. The petitioner is ready and willing to give necessary security for the purpose of defreezing his bank account. Accordingly, he prays to allow the petition. 5. Per contra, learned SPP submits that after completing investigation charge sheet has been filed against the accused for the aforesaid offences. He fairly submits that in the event, the petitioner is ready and willing to offer security and also execute necessary indemnity bond, conditional order may be passed to defreeze the bank account of the petitioner. 6. Perusal of the material on record would go to show that, a sum of Rs.30 lakhs was available in the bank - 5 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 account of the petitioner at the time when the same was freezed by the police during the course of investigation in Crime No9/2024. Investigation of the case is now completed and charge sheet has been filed. 7. Learned counsel for the petitioner has submitted that his bookmakers license has been subsequently renewed and he is now operating sd s bookmakers at Bangalore Turf Club Ltd., He has produced material before this Court, which would prima-facie show that aforesaid amount of Rs.30 lakhs was borrowed by him from a private financier known as Mamatha Financier Enterprises, Balepete, Bengaluru and even his bank account reflects that the said amount was credited to his bank account by the aforesaid Mamatha Financier Enterprises. 8. The petitioner has undertaken to furnish necessary security to the aforesaid amount of Rs.30 lakhs, which is available in his bank account and he also has undertaken to execute necessary indemnity bond before - 6 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 the learned Magistrate so as to enable him to withdraw the amount of Rs.30 lakhs that is available in his bank account, which is freezed. 9. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for defreezing his bank account has to be granted conditionally. 10. Accordingly, the following :- ORDER (i) Criminal petition is allowed. (ii) The order dated 10.09.2024 passed by the Court of LIX Addl. City Civil and Sessions Judge, Bengaluru in Crl.R.P.No.395/2024 and the order dated 19.07.2024 passed by the Court of I ACMM, Bengaluru in C.C.No.15909/2024 are hereby set- aside. (iii) The application filed by the petitioner under Section 451 & 457 of Cr.P.C, - 7 - HC-KAR NC: 2025:KHC:28594 CRL.P No. 10270 of 2024 seeking defreeze of his bank account bearing No.923020054689341 in C.C.No.15909/2024 is allowed. (iv) The petitioner shall be permitted to withdraw the amount of Rs.30 lakhs from the aforesaid bank account, subject to he furnishing security to the satisfaction of the learned Magistrate and also executing necessary indemnity bond before the learned Magistrate. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS