Sri Sugali Nagaraju Naik Vs the State of Karnataka

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NC: 2025:KHC:12205 CRL.P No. 3146 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3146 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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SRI. SUGALI NAGARAJU NAIK S/O. SRI. LATE S. GANGAE NAIK, AGED 57 YEARS, RESIDENT OF DOOR NO. 4/2/286A NANEPPA NAGAR, D.B. COLONY, HINDUPUR HINDUPUR TALUK, ANATHAPUR DISTRICT, ANDHRA PRADESH-515201,

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…PETITIONER

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(BY SRI. KUMARA, ADVOCATE) AND:

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Digitally signed by NANDINI D Location: High Court of Karnataka

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THE STATE OF KARNATAKA K.G. HALLI POLICE STATION, BANGALORE. NOW IN CENTRAL CRIME BRANCH, (EOW) BANGALORE. REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE - 560001.

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…RESPONDENT

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(BY SRI. THEJESH P., ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (FILED UNDER SECTION 528 BNNS) PRAYING TO QUASH THE ORDER DATED 11.02.2025, PASSED BY THE I ADDL CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE, IN CRIME 306/2023 OF K.G. HALLI POLICE STATION, NOW IN CCB POLICE, AND TO DIRECT THE STATE BANK OF INDIA, HINDUPUR BRANCH, RAILWAY STATION ROAD, HINDUPUR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH TO THE DEFREEZ ACCOUNT BEARING 00000011636025046; IFSC CODE: SBIN0000845.

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NC: 2025:KHC:12205 CRL.P No. 3146 of 2025

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioner seeks for the following reliefs:

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“WHEREFORE the petitioner prays that this Hon'ble Court may be pleased to set aside the order dated 11.02.2025, passed by the I Addl Chief Metropolitan Magistrate, at Bangalore, in Crime 306/2023 of K.G. Halli Police Station, now in CCB Police, and to direct the State Bank of India, Hindupur Branch, Railway Station Road, Hindupur, Ananthapuramu District, Andhra Pradesh to defreez the Account bearing No. 00000011636025046; IFSC Code: SBIN0000845, interest of justice, equity and law.”

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Heard learned counsel for the petitioner, learned

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counsel for the respondent and perused the material on record.

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A perusal of the material on the record will indicate that in proceedings in Crime No.306/2023 on the file of the I Additional CMM, Bengaluru, wherein Vamshikrishna and others have been arraigned as accused persons. In the said proceedings, the petitioner filed an application under Sections 451 and 457 of Cr.P.C., seeking defreezing of his account

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No.00000011636025046 maintained in State Bank of India,

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NC: 2025:KHC:12205 CRL.P No. 3146 of 2025

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Hindupura Branch, Andhra Pradesh. By the impugned order, both application filed by the petitioner, Sugali Nagaraju Naik was rejected by the Trial Court, which is assailed in the present petition.

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A perusal of the material on record will indicate that apart from the fact that the petitioner has not been arraigned as accused in the aforesaid proceedings, no amount including the amount in dispute has been transferred to the aforesaid account of the petitioner herein. Under these circumstances, the question of freezing the account of the petitioner, in which no amount was transferred, muchless subject amount was transferred, would not arise.

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Under the aforesaid facts and circumstances, I am of the opinion that the Trial Court misdirected itself in coming to the conclusion that freezing of the account was necessary for the purpose of investigation and enquiry which was clearly not warranted in the facts of the instant case. Under these circumstances, the impugned order passed by the Trial Court deserves to be set aside and the application filed by the petitioner Sugali Nagaraju Naik seeking defreezing account

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NC: 2025:KHC:12205 CRL.P No. 3146 of 2025

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No.00000011636025046 maintained in State Bank of India, Hindupura Branch, Andhra Pradesh deserves to be allowed.

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In the result, I proceed to pass the following:

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ORDER

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i) The petition is hereby allowed.

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ii) The impugned order dated 11.02.2025 passed in Crime No.306/2023 on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru insofar as rejection of the application filed by Sugali Nagaraju Naik is hereby set aside. Consequently, application filed by Sugali Nagaraju Naik under Sections 451 and 457 of Cr.P.C is hereby allowed.

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iii) Respondent as well as State Bank of India, Hindupura Branch, Andhra Pradesh are directed to defreeze the account of the petitioner immediately upon receipt of the copy of this order.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MDS

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List No.: 1 Sl No.: 5

Sri Sugali Nagaraju Naik v. the State of Karnataka

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Sri Sugali Nagaraju Naik v. the State of Karnataka

Case brief

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