- 1 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3923 OF 2025 BETWEEN: HDFC BANK BY ITS BRANCH MANAGER ISHAN MITTAL, AGED ABOUT 43 YEARS, S/O KULDEEP MITTAL, No.3909-391, MORI GATE CASHMERE GATE, NEW DELHI 110006 …PETITIONER (BY MS. SONA RAJ KUMAR, ADV. FOR SRI. JOSEPH ANILKUMAR A., ADV.) AND: 1. STATE OF KARNATAKA BY NORTH EAST CEN CRIME POLICE STATION BENGALURU CITY., REP BY SPP, HIGH COURT BUILDING Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 BENGALURU 560001 2. SANJIV POOJARY AGED ABOUT 65 YEARS, S/O LATE P.V.POOJARY No.C-03 ALMOND TREE, KENACHANAHALLI, YELAHANKA NEW, BENGALURU CITY, KARNATAKA-560064 …RESPONDENTS (BY SMT. B.PUSHPALATH, ADDL. SPP FOR R1, SRI. SANCHAN JAINANDAN ADV. FOR R2) 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 SET ASIDE ANNEXURE-A, ORDER DATED 30.07.2024 PASSED IN CR.NO.177/2024 BY PENDING CONSIDERATION ON THE FILE OF XLV ADDL.C.J.M COURT AT BANGALORE, AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 30-07-2024 by which a direction is issued by the XLV Additional Chief Judicial Magistrate, Bangalore to defreeze the accounts of the respondent No.2 and transfer the amount to the bank account of the respondent No.2. 2. Heard Ms. Sona Raj Kumar alongwith Sri. Joseph Anilkumar A., learned counsels appearing for the petitioner, Smt. B. Pushpalatha learned Additional SPP appearing for the respondent No.1 and Sri. Sanchan Jainandan, learned counsel appearing for respondent No.2. 3. Facts, in brief, germane are as follows:- 3.1. It is the case of the respondent No.2 - complainant that, on the pretext of earning money through stock trading he was lured through whatsapp into transferring large sums of money to various bank accounts and he was defrauded by those account holders who received the said amounts. An FIR - 4 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 in Crime No.177 of 2024 comes to be registered against unknown persons. Pursuant to the registration of the crime a debit freeze order is issued by the investigating officer to freeze certain bank accounts which received the said amount belonging to the respondent No.2 – complainant. The respondent No.2 then files an application before the concerned Court under Sections 451 and 457 of the Cr.P.C., seeking release of ₹55,95,400/- belonging to the petitioner, out of which a sum of ₹47,82,662/- was deposited in the bank account belonging to one ALI Traders maintained by the petitioner – bank. The concerned Court allows the application. Accordingly, the petitioner-bank was directed to defreeze the account and disburse an amount of ₹47,82,662/- to the respondent No.2. It is challenging this order of defreezing, the petitioner-bank is before this Court. 4. The learned counsel for the petitioner submits that the said account maintained by the petitioner – bank standing in the name of Ali Traders was already freezed by the petitioner upon the direction of the Bihar Police. Therefore, it is the submission of the petitioners that when the account is already - 5 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 frozen, the same cannot be directed to be defreezed upon the directions of the concerned Court. 5. The learned counsels for the respondents would in unison submit that the concerned Court has allowed the said application of the respondent No.2 after imposing certain conditions. Therefore, the petitioner – bank cannot now refuse to defreeze the account solely relying on the order of the Bihar Police. 6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 7. The afore-narrated facts are not in dispute. Since the entire issue springs from the order directing the defreezing, I deem it appropriate to notice the said order. The order dated 30-07-2024 reads as follows: “ORDER ON THE APPLICATION FILED BY PETITIONER BY NAME SANJEEV POOJARY, UNDER SECTIONS 451 AND 457 OF CR.P.C. - 6 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 The above named petitioner has filed present applications to direct the I.O. to defreeze the below mentioned bank accounts and to transfer the below mentioned freezed amounts to the account of petitioner. Sl. No. Bank name A/c No. Freezed amount 1. Punjab National Bank 1575002100 011388 Rs.62,738/- 2. Punjab National bank 0100002100 589581 Rs.7,50,000/- 3. HDFC Bank 5020008777 2124 Rs.47,82,662/- Total Rs.55,95,400/- 2. The case of prosecution are averred in brief in application. It is further averred that, during the course of investigation, the I.O. has freezed the above said accounts of fraudster/accused. The petitioner is informant and the freezed amount in above accounts belongs to petitioner and there is no claim by others. The seized amount is very much necessary and required by the petitioner for necessities. The petitioner is ready and willing to abide by any conditions that may be imposed by this court and sought to allow the present application. 3. On the said application, the report from the I.O. is called for and the I.O. has submitted the report, stating that he has no objection to release the freezed amounts in favour of the petitioner on conditions. The I.O. has stated in his report that freezed accounts are second beneficiary accounts to which amount freezed are transferred from the primary account of the accused. The I.O. has furnished information in pursuant to guidelines of Hon'ble High Court of Karnataka in W.P.No.2865/2022 (GM-RES) and it is specifically mentioned by I.O. that amount claimed by the present petition/informant from accounts of fraudster/s have been directly transferred from the account of petitioner to such account of fraudster/s. - 7 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 4. Learned Senior APP has filed objections, wherein freezing of above accounts are not denied, but it is averred that if above accounts are defreezed, it may affect the investigation. Hence it is prayed to reject the application. However, it is prayed to impose suitable conditions if accounts are defreezed. 5. Heard arguments of both sides. 6. After hearing the arguments and perusal of the records and information furnished by I.O. in compliance of guidelines of Hon'ble High Court of Karnataka in W.P.No.2865/2022 (GM-RES), it reveals that the I.O. has freezed accounts of fraudster/s. Further said fraudsters themselves are arrayed as accused as per requisition filed by I.O. and the above report of I.O. discloses that the Sl.No.1 and 2 accounts in which the above amounts are freezed are tertiary accounts and Sl.No.3 is 6th beneficiary account of the accused. Moreover, the account numbers mentioned in present application and IO report are tallied. Hence notice to tertiary and 6th beneficiary account holders is issued and duly served. However, despite service of said notice, said accounts holders have not appeared to resist the present application by filing their objections. 7. It is specifically averred by petitioner that amount seized by the I.O. by freezing above accounts of accused belongs to petitioner and there is no rival claim by others. The accused have not come forward to establish their rival claim over said amount and as such there is no impediment to release said amount in favour of petitioner. The petitioner has made out grounds to allow the present application. Therefore in view of the above stated reasons, it is just and proper to allow the application filed by the petitioner. Accordingly, I proceed to pass the following: ORDER The application filed by the petitioner by name Sanjeev Poojary, under Sec.451 and 457 of Cr.P.C. is hereby allowed. Accordingly, the office is hereby directed to issue intimation to the concerned I.O. to direct the below mentioned Banks to defreeze the amounts belonging to - 8 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 accused and to transfer the said amounts to the account of the petitioner namely India Bank, Account No.483786092. Sl. No Bank name A/c No. Freezed amount 1. Punjab National Bank 157500210 0011388 Rs.62,738/- 2. Punjab National bank 010000210 0589581 Rs.7,50,000/- 3. HDFC Bank 502000877 72124 Rs.47,82,662/- Total Rs.55,95,400/- Accordingly, the petitioner is hereby directed to execute indemnity bond for Rs.55,95,400/- with one surety for likesum, with a condition to indemnifying the said amount against third party claim and shall deposit the said amount as and when directed by this court. Office is directed to issue release order after execution of indemnity bond. Put up after final report.” The order indicates that an amount of ₹47,82,662/- has been invested in the account maintained by the petitioner - HDFC Bank. The investigating officer was directed to intimate the petitioner – bank to defreeze the account and transfer the money in the said account to the bank account of the respondent No.2, pursuant to the respondent No.2 executing an indemnity bond for the said amount. - 9 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 8. The bank does not honour the order of the Court for the reason that they have direction from the Deputy Superintendent of Police, Patna Cyber Police Station, Bihar to freeze the account of ALI Traders maintained by the petitioner - bank. The communication dated 25.05.2024 directing freezing of the account of ALI Traders reads as follows: “Letter No.2000/24 Date: 25.05.2024 NOTICE UNDER SECTION 92 & 102 CrPC To, General Manager HDFC Bank In reference to FIR No-280/24, dated 09/04/24 u/s 66(d) of IT Act & 419/420 of IPC in Patna Cyber Police Station, Patna, Bihar, you are here by directed to produce below mentioned documents to facilitate the investigation. The details of Suspect Person:- Sl. No. Suspect Details Txn. ID/Ref/UTR Date of Txn. Txn. Amount Action Required 01 HDFC bank A/c No- 50200087772124 IFSC- HDFC0000330 RATNR52024 02080 0465786 08.02.2024 4956213/- DEBIT FREEZE SISPECT A/C & PROVIDE HOLD + AVAILABLE/CLOSI NG BALANCE & BELOW MENTIONED ACTION NEEDED. - 10 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 Action Needed:- 1. Log details on dated 01.12.2023 to Till Date. 2. The name, Address, Mobile/Contact information, KYC/AOF details, Wallet details, Branch details 3. (Contract No. & Email id) of above mentioned beneficiary Maintain Bank A/c. 4. Provide transaction Details/History/Bank Statement from 01.12.2023 to Till Date. 5. Provide KYC/AOF details of Above Mentioned Suspect A/c 6. 5.Kindly Debit Freeze above mentioned Suspect/Beneficiary/User Bank A/c. 7. Please provide status of fraudulent transaction and provide status of freeze amount of above mentioned account and also provide us Available/Closing Balance of Beneficiary/Suspect A/c. 8. Any other information's/ details regarding to this cyber crime that you may find useful. 1. Copy to related HDFC Bank, Branch Manager, For take necessary action immediately. 2. Copy to Branch Manager, HDFC Bank, Patna for take necessary action immediately.” The Communication was issued under Sections 91 and 102 of the Cr.P.C. by the Bihar Police on the score that the said bank account belonged to the suspect involved in another crime in crime No.280 of 2024. 9. Be that as it is. The concerned Court passes an order on 30.07.2024 directing release of the amount. The bank could not have stalled release of the amount to the respondent No.2 solely on the score that the Bihar Police had directed - 11 - HC-KAR NC: 2026:KHC:14874 CRL.P No. 3923 of 2025 freezement of the account. It is too rudimentary to observe that the order of the concerned Court would prevail over the order or any communication from any quantum of the administration. In that light, the petitioner shall now effect release of ₹47,82,662/- to the bank account of the respondent No.2. 10. For the aforesaid reasons, the petition stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE SSB