Ms Keerthana Vs the State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.PC / SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO DIRECT THE RESPONDENT TO ISSUE DISBURSE AN AMOUNT OF RS. 6,84,780/(RUPEES SIX LAKHS EIGHTY-FOUR THOUSAND SEVEN HUNDRED AND EIGHTY ONLY) IN TERMS OF THE DIRECTION DATED 25.01.2024 ISSUED BY THE HON’BLE XLV ADDITIONAL CHIEF METROPOLITAN MAGIATRATE, BENGALURU IN CR.NO. 749/2024 AND IN TERMS OF THE REPORT DATED 17.08.2023 FILED BY THE RESPONDENT IN CR.NO. 749/2023 VIDE ANNEXURE-H AND C RESPECTIVELY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING , 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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In this petition, petitioner seeks for the following reliefs:

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“a. Direct the Respondent to issue disburse an amount of Rs.6,84,780/- (Rupees Six Lakhs Eighty Four Thousand Seven Hundred and Eighty Only) in terms of the Direction dated 25.01.2024 issued by the Hon’ble XLV Additional Chief Metropolitan Magistrate, Bengaluru in Crime No.749/2024 and in terms of the report dated 17.08.2023 filed by the Respondent in Crime No.749/2023 vide Annexure-H & C respectively.

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b. Issue any other Order or Direction and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity.”

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Learned counsel for the petitioner submits that despite the order dated 11.07.2024 passed in W.P.No.7943/2024 (Annexure-J) and the order dated 28.12.2023 passed by learned Magistrate, neither the respondents nor the ICICI Bank, YES Bank and Federal Bank, who are enumerated in the said orders transferred the amount back to the petitioner, who is before this Court by way of the present petition.

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3. Per contra, learned HCGP submits that though they

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have complied with the said orders of this Court and the Trial Court, necessary directions be issued to the Banks to release the amounts in favour of the petitioner.

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This Court in W.P.No.7943/2024 passed the following

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order:

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“IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.7943 OF 2024 (GM-RES)

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BETWEEN:

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MS KEERTHANA D/O RAMESH AGED ABOUT 27 YEARS, R/AT NO.1480, 25^TH MAIN, 5^TH CROSS, BTM LAYOUT 2^ND STAGE, BENGALURU

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(BY SRI. KESHAV M DATAR, ADVOCATE)

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…PETITIONER

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AND:

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1. THE STATE OF KARNATAKA BY SOUTH EAST CEN POLICE STATION SOUTH DIVISION, BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001.

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2. M/S ICICI BANK LTD #78, SAI SHARAN HEIGHTS, OFF MARGOSA ROAD, 15^TH CROSS, MALLESHWARAM

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BENGALURU – 560 003. REP. BY MANAGER

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3. M/S YES BANK LTD GROUND FLOOR, 117/4, PWD COLONY JODHPUR JODHPUR – 342 001. REP BY MANAGER

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4. M/S ICICI BANK LTD K V R TOWERS, MAHATMA MANDIR JUNCTION, SOUTH BAZAAR, KANNUR – 670 002. REP BY MANAGER 5. M/S ICICI BANK LTD PLOT NO.5, BLOCK ‘B’ COMMERCIAL COMPLEX, DILSHAD GARDEN, DELHI – 110 095. REP BY MANAGER 6. M/S ICICI BANK LTD SHIOP NO.1,2,9,10,11,12 ROYAL PLATINUM PALANPUR CANAL ROAD PAL, SURAT – 395 009. GUJARAT REP BY MANAGER 7. M/S FEDERAL BANK DEVDEEP PLOT NO.49 – 50 KAILASH VIHAR, OPP. HOTEL RADIANCE, CITY CENTRE, GWALIOR MANDYA PRADESH – 474 011. REP BY MANAGER

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…RESPONDENTS

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(BY SRI. SUDEV HEGDE, AGA FOR R-1; SRI. MANU P KULKARNI, ADVOCATE FOR R2, R4, R5 AND R6; R3 AND R7 ARE SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R1 TO ISSUE NECESSARY INTIMATION TO R3 TO R7 IN TERMS OF THE ORDER DATED 28/12/2023 PASSED IN CR.NO.749/2023

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BY THE XLV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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“In this petition, petitioner seeks the following reliefs:

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“(i) Issue a writ in the nature of a mandamus directing the respondent No.1 to issue necessary intimation to the respondent No.3 to 7 in terms of the order dated 28.12.2023 passed in Cr.No.749/2023 by the Hon’ble XLV Addl. Chief Metropolitan Magistrate, Bengaluru vide Annexure – A;

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(ii) Issue a writ in the nature of mandamus directing the respondent Nos.3 to 7 to disburse the amounts to the petitioner account, in terms of the order dated 28.12.2023 passed in Cr.No.749/2023 by the Hon’ble XLV Addl. Chief Metropolitan Magistrate, Bengaluru vide Annexure – A;

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(iii) Issue any other writ, order or direction and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity.”

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2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

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3. Learned counsel for the petitioner submits that pursuant to the order dated 28.12.2023 passed in Crime No.749/2022 by the XLV Addl. Chief Metropolitan Magistrate, Bengaluru, respondent No.1 is not taking any steps in this regard and has not intimated respondent

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Nos.2 to 7 / bank about the said order and as such, petitioner is before this Court by way of the present petition.

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4. Per contra, learned AGA for respondent No.1 submits that if reasonable time is granted, respondent No.1 would intimate respondent Nos.2 to 7 about the aforesaid order dated 28.12.2023.

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5. A perusal of the material on record will indicate that in Crime No.749/2023, the Trial Court passed the following order:

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28-12-2023

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ORDER ON THE APPLICATION FILED BY PETITIONER BY NAME KEERTHANA, UNDER SECTIONS 451 & 457 OF Cr.P.C.

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The above named petitioner has filed present application 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.

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*SL.* _NO. _	*BANK*	*A/C No.*	*Freezed* *Amount*
1	ICICI Bank	018105003728	_Rs. 3,42,780/- _
2	ICICI Bank	113305001545	_Rs. 95,000/- _
3	ICICI Bank	339705500400	_Rs. 59,000/- _
4	YES Bank	_004185800004534 _	_Rs. 1,00,000/- _
5	Federal Bank	24080100001050	_Rs. 88,000/- _
		*TOTAL AMOUNT*	_Rs. 6,84,780/- _

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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 account 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 seize d amounts are 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.

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On the said application, the report from the I.O. is called for and the I.O. has submitted the report, statin g that he has no objection to release the freezed amounts in favour of the petitioner on conditions.

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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.

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I.O. has stated in his report that freezed accounts are primary accounts to which amount freezed are transferred from the account of complainant. 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 present petitioner / informant from respective accounts of fraudster/s has been directly transferred from the account of petitioner to such respective accounts of fraudster/s. Moreover the account number mentioned in present application and IO report are tallied.

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Heard arguments of both sides.

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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 fraudsters. 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 accounts in which the above amounts are freezed are primary accounts of accused persons.

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It is specifically averred by petitioner that amounts 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

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petitioner. Therefore, the petitioner has made out grounds to allow the present application.

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Therefore in view of the above, it is just and proper to allow the application filed by the petitioner. Accordingly, I proceed to pass the following:

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ORDER

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The application filed by the petitioner by name KEERTHANA, u/s 451 and 457 of Cr.P.C. is hereby allowed.

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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 accused and to transfer the said amounts to the account of the petitioner namely ICICI Bank, Account No.100901514761.

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Sl _No. _	*Bank*	*A/c No.*	*Freezed* *Amount*
1	ICICI Bank	018105003728	_Rs. 3,42,780/- _
2	ICICI Bank	113305001545	_Rs. 95,000/- _
3	ICICI Bank	339705500400	_Rs. 59,000/- _
4	YES Bank	_004185800004534 _	_Rs. 1,00,000/- _
5	Federal Bank	24080100001050	_Rs. 88,000/- _
		*TOTAL AMOUNT*	*Rs. 6,84,780/-*

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Accordingly, the petitioner is hereby directed to execute indemnity bond for Rs.6,84,780/- with a condition to indemnifying the said amount against 3^rd party claim and shall deposit the said amount as and when directed by this court.

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Office to issue release order after execution of indemnity bond.

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Put up after final report.”

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6. In the light of the submissions made on behalf of respondent No.1 by the AGA that they would intimate respondent Nos.2 to 7 about the aforesaid orders passed by the learned Magistrate, the present petition stands disposed of directing respondent No.1 to intimate

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respondent Nos.2 to 7 about the aforesaid order, within a period of four weeks from the date of receipt of a copy of this order.

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7. Subject to the aforesaid observations and

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directions, the petition stands disposed of.”

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Even prior to the aforesaid order passed by this Court,

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learned Magistrate had passed the order dated 28.12.2023 allowing the application filed by the petitioner as under:

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28-12-2023

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ORDER ON THE APPLICATION FILED BY PETITIONER BY NAME KEERTHANA, UNDER SECTIONS 451 & 457 OF Cr.P.C.

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The above named petitioner has filed present application 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.

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*SL.* _NO. _	*BANK*	*A/C No.*	*Freezed* *Amount*
1	ICICI Bank	018105003728	_Rs. 3,42,780/- _
2	ICICI Bank	113305001545	_Rs. 95,000/- _
3	ICICI Bank	339705500400	_Rs. 59,000/- _
4	YES Bank	_004185800004534 _	_Rs. 1,00,000/- _
5	Federal Bank	24080100001050	_Rs. 88,000/- _
		*TOTAL AMOUNT*	_Rs. 6,84,780/- _

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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 account of fraudster/accused. The petitioner is informant and the freezed amount in above accounts belongs to petitioner and there is no claim by o thers . The s eized amounts are 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.

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On the said application, the report from the I.O. is called for and the I.O. has submitted the report, statin g that he has no objection to release the freezed a mounts in favour of the petitioner on conditions.

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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.

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I.O. has stated in his report that freezed accounts are primary accounts to which amount freezed are transferred from the account of complainant. 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 present petitioner / informant from respective accounts of fraudster/s has been directly transferred from the account of petitioner to such respective accounts of fraudster/s. Moreover the account number mentioned in present application and IO report are tallied.

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Heard arguments of both sides.

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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 fraudsters. 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 accounts in which the above amounts are freezed are primary accounts of accused persons.

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It is specifically averred by petitioner that amounts 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. Therefore, the petitioner has made out grounds to allow the present application.

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Therefore in view of the above, it is just and proper to allow the application filed by the petitioner. Accordingly, I proceed to pass the following:

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ORDER

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The application filed by the petitioner by name KEERTHANA, u/s 451 and 457 of Cr.P.C. is hereby allowed.

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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 accused and to transfer the said amounts to the account of the petitioner namely ICICI Bank, Account No.100901514761.

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Sl _No. _	*Bank*	*A/c No.*	*Freezed* *Amount*
1	ICICI Bank	018105003728	_Rs. 3,42,780/- _
2	ICICI Bank	113305001545	_Rs. 95,000/- _
3	ICICI Bank	339705500400	_Rs. 59,000/- _
4	YES Bank	_004185800004534 _	_Rs. 1,00,000/- _
5	Federal Bank	24080100001050	_Rs. 88,000/- _
		*TOTAL AMOUNT*	*Rs. 6,84,780/-*

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Accordingly, the petitioner is hereby directed to execute indemnity bond for Rs.6,84,780/- with a condition to indemnifying the said amount against 3^rd party claim and shall deposit the said amount as and when directed by this court.

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Office to issue release order after execution of indemnity bond.

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Put up after final report.”

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6. In view of the aforesaid orders passed by learned

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Magistrate and this Court, I deem it just and appropriate to dispose of the petition directing the respondent and all the aforesaid Banks

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as enumerated in the aforesaid orders to co-ordinate and

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co-operate with each other to disburse and release the amount in