Sri N Krishna Murthy Vs State of Karnataka

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.

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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 LAYOUT, BENGALURU-560 102.

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…RESPONDENTS

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(BY SRI K. NAGESHWARAPPA, H.C.G.P. FOR R-1; SRI THOMAS V. PETER, ADVOCATE FOR R-2)

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2 -

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NC: 2025:KHC:25644 CRL.P No. 5479 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 11-2-2025, PASSED BY THE LEARNED 39TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CRIME NO.481 OF 2023 OF HSR LAYOUT POLICE, BENGALURU, ANNEXURE "A" TO ISSUE DIRECTION TO THE CONCERNED BANK AUTHORITY AS DETAILED ABOVE THROUGH THE INVESTIGATION OFFICER TO DEFREEZE THE ACCOUNT OF PETITIONER I.E ACCOUNT HOLDER NAME SREE N.KRISHNAMURTHY, AXIS BANK LTD, SAGAR BRANCH, SHIVAMOGGA, VIDE A/C NO.918010004476556 IFSC CODE UTIB0002024.

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THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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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 defreezing of his bank account bearing No.918010004476556 IFSC Code: UTIB0002024 was rejected by the Trial Court.

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3 - NC: 2025:KHC:25644 CRL.P No. 5479 of 2025

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HC-KAR

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Heard learned counsel for the petitioner, learned

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HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

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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.

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A perusal of the impugned order and material on record will indicate that the sole reason assigned by the trial

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4 - NC: 2025:KHC:25644 CRL.P No. 5479 of 2025

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HC-KAR

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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.

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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:

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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 by trial Court is hereby set aside.

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5 - NC: 2025:KHC:25644 CRL.P No. 5479 of 2025

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HC-KAR

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iii. The application filed by the petitioner under Sections 451 and 457 of Cr.P.C. is hereby quashed.

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iv. Respondent No.1 and the respective bank are directed to de-freeze the account bearing No.918010004476556 IFSC Code: UTIB0002024 of the petitioner forthwith immediately upon the receipt of the copy of this order without any delay.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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rv List No.: 1 Sl No.: 34

Sri N Krishna Murthy v. State of Karnataka

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Sri N Krishna Murthy v. State of Karnataka

Case brief

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