- 1 - HC-KAR NC: 2025:KHC:25645 CRL.P No. 5476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.5476 OF 2025 BETWEEN: SRI SIGANDURESHWARI EDUCATIONAL TRUST REPRESENTED BY ITS PRESIDENT SRI N. KRISHNA MURTHY S/O. LATE NARAYAN AGED ABOUT 48 YEARS RESIDING AT ULLUR, SAGAR SAGAR TALUK SHIVAMOGGA. …PETITIONER (BY SRI R.V. RAJASHEKARA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER HSR LAYOUT POLICE BENGALURU-560 102 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001. 2. SRI R. MANJUNATHA REDDY S/O. LATE H. RAMACHANDRA REDDY AGED ABOUT 53 YEARS NO.443 2ND FLOOR, 28TH MAIN 10TH CROSS, SECTOR-1 HSR LAY OUT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25645 CRL.P No. 5476 of 2025 BENGALURU-560 102. …RESPONDENTS (BY SRI K. NAGESHWARAPPA, H.C.G.P. FOR R-1; SRI THOMAS V. PETER, ADVOCATE FOR R-2) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C (FILED U/S.528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 11-2-2025, PASSED BY THE 39TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE IN CRIME NO.481 OF 2023 OF HSR LAYOUT POLICE, ANNEXURE A, TO ISSUE DIRECTION TO THE CONCERNED BANK AUTHORITY AS DETAILED ABOVE THROUGH THE INVESTIGATING OFFICER TO DEFREEZE THE ACCOUNT OF PETITIONER THAT IS ACCOUNT HOLDER NAME SREE SIGANDURESHWARI EDUCATION TRUST, BANK: AXIS BANK LTD., SAGAR BRANCH, SHIVAMOGGA VIDE A/C NO.922010018274161, IFSC CODE UTIB0002024, IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is directed against the impugned order dated 11.02.2025 passed in Cr.No.481/2023 by XXXVII Additional Chief Metropolitan Magistrate, Bangalore City, whereby the application filed by the petitioner/applicant seeking the de- - 3 - HC-KAR NC: 2025:KHC:25645 CRL.P No. 5476 of 2025 freezing of his bank account bearing No.922010018274161, IFSC code UTIB0002024 was rejected by the trial Court. 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed the instant complaint registered as an FIR in Cr.No.481/2023 against one Venkatesh Murthy for alleged offences punishable under Sections 420, 504 and 506 of IPC. It is a matter of record and an undisputed fact that the petitioner is not arraigned as an accused person in the said proceedings, despite which, the respondent/police directed the bank authorities to freeze the account of the petitioner, who approached the trial Court by filing the instant application under Sections 451 and 457 of Cr.P.C. seeking the de-freezing of his bank account. The said application was opposed by the prosecution and culminated in the impugned order passed by the trial Court rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. - 4 - HC-KAR NC: 2025:KHC:25645 CRL.P No. 5476 of 2025 4. A perusal of the impugned order and material on record will indicate that the sole reason assigned by the trial Court for the purpose of rejecting the application filed by the petitioner/applicant is by coming to the conclusion that some amounts were allegedly transferred from the account of the complainant to the account of the accused persons which were in turn subsequently allegedly transferred to the account of the petitioner/applicant. 5. In my considered opinion, so long as the petitioner/applicant has not been arraigned as an accused person in the impugned proceedings which are only against the accused persons, mere transfer of money from the account of the accused persons to the account of the petitioner/applicant could not have been made the basis by the trial Court to reject the application filed by the petitioner, which accordingly deserves to be allowed by setting aside the impugned order. In the result, I pass the following: ORDER a) The petition is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:25645 CRL.P No. 5476 of 2025 b) The impugned order dated 11.02.2025 passed by trial Court is hereby set aside. c) The application filed by the petitioner under Sections 451 and 457 of Cr.P.C. is hereby quashed. d) Respondent No.1 and the respective bank are directed to de-freeze the account bearing No.922010018274161, IFSC code UTIB0002024 of the petitioner forthwith immediately upon the receipt of the copy of this order without delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 0