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2026 DAILYLAW 23216 (KAR)

ENVIROTECH AKVA PVT LD v. STATE OF KARNATAKA

WP/13706/2026 · 2026-06-12

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13706 OF 2026 (GM-RES) BETWEEN: ENVIROTECH AKVA PVT LD A COMPANY WITHIN THE MEANING OF COMPANIES ACT, 2013 HAVING ITS OFFICE AT PLOT NO.84, PHASE II, BLOCK 9, DWARAKA NAGAR, BODUPPAL KV RANGA REDDY HYDERABAD, TELANGANA - 500 092 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MRS.SRAVANTHI PRATHAPURAM …PETITIONER (BY SRI. PRATEEK RATH., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CYBER CRIME POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. 2. INVESTIGATION OFFICER CYBER CRIME POLICE STATION, BENGALURU CITY NO. 1, INFANTRY ROAD, COMMISSIONERS OFFICE, BENGALURU-560 001 Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 3. INDUSTRIAL DEVELOPMENT BANK OF INDIA REPRESENTED BY BRANCH MANAGER VENKATESH CHAMBERS, PRESCOT ROAD, PB NO. 714, FORT, MUMBAI - 400 001. 4. THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE HYDERABAD BRANCH, IFSC CODE HSBC0500002 19TH FLOOR, TOWER-100, THE SPIRE, HYDERABAD KNOWLEDGE CITY, RAIDURGAM VILLAGE, SERILINGAMPALLY MANDAL, HYDERABAD, TELANGANA - 500 081. …RESPONDENTS (BY SRI. B N JAGADEESHA, ADDL.SPP FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226& & 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., 1973 / SECTION 528 OF BNSS, 2023 PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 16.09.2025, RENDERED BY THE HONBLE XLV ADDL.CHIEF JUDICIAL MAGISTRATE, BENGALURU IN THE SAME CRIME NO.18/2023, AT ANNEXURE -A, ETC., THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the court calling in question an order dated 29.01.2026 passed by the concerned Court, declining to accept the application of the petitioner filed under Section 497 and 503 of BNSS. 2. Heard Sri.Prateek Rath, learned counsel appearing for the petitioner and Sri.B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for the respondents. 3. The petitioner is not an accused. A crime comes to be registered in Crime No.18 of 2023 for offences punishable under Sections 66, 66(C) and 66(D) of Information Technology Act, 2000 and Section 419 and 420 of IPC. The issue in the lis is not with regard to the merit of those proceedings. Pursuant to the registration of the crime, it transpires that the Investigating Officer directed to debit freeze a particular account belonging to - 4 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 M/s.Vrindavan Enterprises. The petitioner, after that issues a purchase order on 28.01.2024 in favour of Krishna Traders for supply of goods. Krishna Traders, the vendor of the petitioner raises an invoice on 31.01.2024 for the supply of the said goods. Petitioner erroneously transfers the amount of Rs.53,10,00/- to an incorrect beneficiary i.e., M/s.Vrindavan Enterprises and not to Krishna Traders. Thus, gets the amount ₹ 53,10,000/- stuck in the account of M/s.Vrindavan Enterprises. M/s.Vrindavan Enterprises is the accused in Crime No.18 of 2023. Therefore, the amount that came into the account of M/s.Vrindavan Enterprises from the hands of the petitioner is now "lien marked" and the petitioner is put to prejudice. On that ground, the application was preferred before the concerned Court. The concerned Court allows the application by the following order: "In this case, the petitioner by name Envirotech Akva Pvt. Ltd., by its representative has filed application seeking modification of the order. In this application, it is stated that there are corrections required for the order dated 16-9-2025. - 5 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 Heard. Perused. In the said order, the petitioner has sought for the defreeze of the account belonging to the other company. It is the contention of the petitioner that its money has credited to the account the of Vrindavan Enterprises inadvertently and mistakenly. Since the applicant has sought for defreeze of the account of the Enterprises and Brindavan Brindavan Enterprises has not filed any application. The petitioner has sought for the defreeze of account of the Vrindavan Enterprises. According to the police, the amount in the Vrindavan has Enterprises is the proceeds of the crime in this case. The complainant in this case made serious allegations against the accused of this case. The IO has submitted the interim report stating that the money freezed in this case is the proceeds of the crime. Therefore, the order dated 16-9-2025 needs some modification. Hence, I proceed to pass the following: ORDER The application filed by the de-facto complainant under Sections 497 & 503 of BNSS is hereby partly allowed. The amount of Rs.53,10,000/- is ordered to be kept in any Nationalized Bank as fixed deposit in the name of Hon'ble CJM at Bengaluru City till further orders. The banker of the 2nd beneficiary account holder is directed to transfer sum of Rs.53,10,000/- from the account No.0452102000018160 as ordered in this case. Issue direction to the bank concerned". - 6 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 4. The concerned Court while allowing the application partly directed the amount of Rs.53,10,000/- to be placed in a fixed deposit in the name of the CJM, Bengaluru City, till further orders. It is virtually allowing the application but not handing over the fruits of allowing of the application. 5. In light of the aforesaid circumstance being demonstrated by adequate documents, the concerned Court ought not to have directed deposit of the said amount but permitted the bank to unmark the lien and withdrawal by the petitioner. 6. In the light of the aforesaid circumstances, the petition deserves to succeed. The order of the concerned Court insofar as it directs deposit of the said amount stands quashed. The further direction issued to the Bank concerned to implement what is observed herein above also stands quashed. - 7 - HC-KAR NC: 2026:KHC:28526 WP No. 13706 of 2026 7. In the light of the subject order, the Investigating Officer shall issue a no-objection for defreezing demarking of the lien and transfer of the amount to the account of the petitioner from the account of M/s.Vrindavan enterprises, all within two weeks from the date of receipt of the copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE DH List No.: 3 Sl No.: 14