Sri Girish B Vs the State of Karnataka

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. QUASH THE ORDER OF HONBLE TRIAL COURT AND AS WELL AS HONBLE SESSIONS COURT RESPECTIVELY THAT IS ORDER PASSED BY THE HONBLE MMTC -1 BENGALURU IN CR.NO.0083/2020 DATED 22.10.2021 AND ORDER PASSED BY THE HONBLE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL

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NC: 2025:KHC:33255 CRL.P No. 2219 of 2022

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HC-KAR

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BENGALURU (CCH-20) DATED 24.11.2021 IN CRL.RP.NO.25073/2021 VIDE ANNEXURE E AND F RESPECTIVELY AND ETC.,

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THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Petitioner who is arraigned as accused No.6 has

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filed this petition under Section 482 of the Code of Criminal Procedure challenging the order dated 22.10.2021 in Cr.No.83/2020 passed by the MMTC–I, Bengaluru and order dated 24.11.2021 in Crl.RP.No.25073/2021 on the file of XXVI Addl.Civil and Sessions Judge, Mayo Hall, Bengaluru, rejecting his prayer for defreeze his account and permit him to operate the same and utilise sum of ₹17,23,630/available in the said account.

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In support of the petition, the petitioner has

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contented that his account is freezed without following the procedure. He was not heard before freezing the said

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HC-KAR

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account. The reasons assigned by the trial Court as well as

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the Sessions Court for rejecting his application is not correct. He was not informed and enquired before freezing the account. Petitioner is in need of the amount available in his account for his family necessary. He is the absolute owner of the amount available in this account. There are no complaints against him alleging that he is involved in betting and the concerned police have registered the case on their own. There is no rival claim. He would be put to great hardship if his prayer is rejected. On the other hand, he is ready to execute indemnity bond and furnish surety and abide by any conditions that may be imposed and the petitioner.

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In support of his arguments, learned counsel for petitioner has relied upon the decision in Shento Varghese Vs. Julfikar Husen ( Shento Varghese )¹ .

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On the other hand learned High Court Government Pleader representing the State submit that 1 (2024) 7 SCC 23: AIR 2024 SC 2984

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HC-KAR

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based on the credible information, on 04.11.2020, the investigating officer along with the staff conducted raid and found accused Nos.1 to 5 collecting money from the public for betting in IPL cricket. The betting amount is credited to A/c No. 920020058559470 belong to the petitioner. Therefore, it is freezed and intimated to the trial Court through PF.No.37/2020. There is material to proceed against all the accused persons, including the petitioner. The petitioner is not having any explanation as to the number of transactions taken place and various amounts are credited by different persons. If the account is defreezed, then petitioner would remove the entire amount in the account. At the disposal of the main petition, the amount is liable for confiscation and rightly the trial Court as well as the Sessions Court have rejected the application filed by the petitioner and pray to reject the petition.

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Heard arguments and perused the record.

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HC-KAR

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It is not in dispute that petitioner is the holder

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of account number 920020058559470. It is also not in dispute that several transactions have taken place through which Lakhs of rupees came to be credited to the said account through Google pay, PhonePe, Yono app, through the websites Apple, Fresh Exchange, Sun x 365 App/Web and the contacts to the payers were made through mobile

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phone and Whatsapp. After getting credible information, the complainant along with staff and other independent witnesses conducted raid.

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During the raid, the complainant came to know that accused No.1 Kiran Kumar, accused No.2 Pramod Gowda are the main bookies and through accused No.3 Ravi, accused No.4 Sharath and accused No.5 Devaraj and others are indulged in cricket betting. Even Kiran is the

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main bookie and did the booking through Apple, Fresh Exchange, Sun x 365 websites. In Apple user ID Yogananda is used and in Fresh Exchange and Sun x 365

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HC-KAR

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user ID 456 Manoj is used. He also disclosed that the

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Apple app is given to accused No.5 Devaraj of Chikkaballapura and the other two apps are managed by accused No.4 Sharath of Chikkaballapura. They are having

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passwords given by him. Those persons who bet, have downloaded the apps through accused No.4 Sharath and accused No.5 Devaraj. At the time of cricket, they contact him through Whatsapp by giving message and in phone through voice notes. They get the amount credited to his IDBI account No.1436104000024417 and SBI account No.20150166011 through Google pay, Phonepe, Yono and RTGS. After the cricket, he credit the amount to the account of winner after deducting 5% for himself through Google pay, Phonepe, Yono and RTGS.

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Out of the remaining amount, he retained 10%

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and credit balance to the SBI account No.64152927592 of

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accused No.4 Sharath and to accused No.5 Devaraj through Axis account No.9200200588559470 standing in

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HC-KAR

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the name Girish through Google pay, Phonepe and Yono. He also disclosed that accused No.4 Sharath and accused No.5 Devaraj conduct the betting at the instance of One Devanahalli Ravi. He also disclosed that if Google pay, Phonepe, Yono and RTGS did not work, accused No.2 Pramod collect the money physically. During the raid, investigating officer has collected incriminating evidence. He also found Rs.11,95,481/- in IDBI account No. 1436104000024417 and Rs.14,71,156/- in SBI account No.20150166011/-. Based on the incriminating evidence collected, the complainant has given written complaint. On the basis of it case is registered in Cr.No.83/2020 against accused Nos.1, 2, 5 and others.

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During investigation, account No.

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920020058559470, Axis Bank, Devanahalli branch, standing in the name of petitioner who is arraigned as accused No.6 is freezed. The petitioner approached the trial Court with the prayer to defreeze the same and

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HC-KAR

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permit him to use the amount standing in the said account. When the trial Court rejected his application, he approached the Session Court in Crl.RP.No.25073/2021, which also came to be rejected. Against the said orders, petitioner has approached this Court.

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The material placed on record prima facie establish that petitioner is also indulged in cricket betting and uncounted amount is credited to his account by various persons. The petitioner being the holder of this account is not having any explanation as to why these transactions have taken place. The amount in the account is fruits of the crime which are liable for confiscation at the conclusion of the trial. Therefore, rightly the trial Court as well as the Sessions Court have rejected his prayer for defreezing the same. Valid reasons are assigned for the same and this Court finds no reasons calling for interference with the said accounts. Consequently, the petition is liable to be rejected and accordingly, the following:

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