Karnataka High Court
CRL.P/1168/2024 of SRI RAJASHEKAR Vs THE STATE OF KARNATAKA on 17 July 2026
CNR: KAHC010059462024 NC: 2026:KHC:36792 CRL.P No. 1168 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1168 OF 2024 BETWEEN: SRI RAJASHEKAR S/O LATE RAMANNA @ RAMREDDY AGED ABOUT 51
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1168 OF 2024
BETWEEN:
SRI RAJASHEKAR
S/O LATE RAMANNA @ RAMREDDY
AGED ABOUT 51 YEARS,
RESIDING AT NO.1, SREE NILAYA,
1ST MAIN ROAD, AKSHAYA NAGAR,
RAMAMURTHYNAGAR,
BENGALURU – 560 016.
…PETITIONER
(BY SMT.KEERTHI KRISHNA REDDY, ADVOCATE FOR
SRI SANTOSH S.NAGARALE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY K.R.PURAM POLICE STATION
REPRSENTED BY PUBLIC PROECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
2.
SRI KRISHNA H.C.,
CHAIRMAN,
NATIONAL CO-OPERATIVE BANK LTD.,
NO.73/1, GANDHIBAZAR,
BENGALURU – 560 004.
Digitally signed
by
PADMAVATHI
B K
Location: High
Court of
Karnataka
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3.
KUMARA ,
S/O SRI KRISHNAPPA
AGED ABOUT 51 YEARS,
RESIDING AT NO.33, SAI SADAN
3RD B MAIN ROAD,
AROGYA LAYOUT,
SRIGANDHA KAVAL,
ANNAPURNESHWARI NAGAR,
BENGALURU – 560 091.
4.
SRI BABU @ BABANNA
AGED ABOUT 62 YEARS,
RESIDING AT NO.02, N.R.COLONY.
MODEL STREET,
BENGALURU – 560 019.
5.
SRI RANGARAJAN
S/O SRI N.R.SRIKANTAIAH,
AGED ABOUT 65 YEARS,
RESIDING AT NO.64/5,
GROUND FLOOR,
4TH MAIN, 3RD BLOCK,
THYAGARAJANAGAR,
BENGALURU – 560 028.
6.
SRI RAGHU,
AGED ABOUT 36 YEARS
RESIDING AT NO.184,
SRI SAPTHAGIRI,
BDA PARK OPP, 4TH CROSS
SRIGANDHA KAVAL,
NAGARBHAVI,
BENGALURU – 560 091.
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7.
SRI JEEVAN KUMAR @ JEEVAN GOWDA,
S/O SRI KUMAR,
AGED ABOUT 20 YEARS,
RESIDING AT NO.33,
SAI SADAN, 3RD B MAIN ROAD,
AROGYA LAYOUT,
SRIGANDHA KAVAL,
ANNAPURNESHWARI NAGAR,
BENGALURU – 560 091.
8.
SRI SHIVAKUMAR
AGED ABOUT 47 YEARS
RESIDING AT NO.51/A, 11TH CROSS
NAGARABHAVI RING ROAD ,
MALAGALA,
BENGALURU – 560 091.
…RESPONDENTS
(BY SMT.DEEPTHI ALVA, HCGP FOR R-1;
SRI K.V.LOKESH, ADVOCATE FOR R-2;
SRI K.PRADEEP KUMAR, ADVOCATE FOR R-3, R-6, R-7 AND R-8; SRI VIVEK R., ADVOCATE FOR R-5 AND R-5)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED ORDER IN CR.NO.63/2023 DATED
15.11.2023
VIDE
ANNEXURE-E
PASSED
BY
THE
III
ADDL.C.M.M., BENGALURU AND ALLOW THE APPLICATION
FILED BY THE PETITIONER AT ANNEXURE-D DATED 15.03.2023
BY RELEASING THE AMOUNT IN FAVOUR OF THE PETITIONER
AS PER THE APPLICATION FILED BEFORE THE TRIAL COURT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner is before this Court calling in question an order dated 15-11-2023, passed by the III Additional Chief Metropolitan Magistrate, Bengaluru, whereby, an application filed by the petitioner under Sections 451 and 457 of the Cr.P.C. BNSS, seeking defreezement of the account of the accused and demarking the lien, comes to be rejected.
2. Heard Smt Keerthi Krishna Reddy, learned counsel for petitioner, Smt Deepthi Alva, learned High Court Government Pleader appearing for respondent No.1, Sri K. V. Lokesh, learned counsel appearing for respondent No.2, Sri. K Pradeep Kumar, learned counsel appearing for respondents 3, 6, 7 and 8 and Sri Vivek R, learned counsel appearing for respondent Nos.4 and 5.
3. The petitioner is the complainant. Accused Nos.1 to 7/respondent Nos.2 to 8 herein said to have assured the petitioner that the property mortgaged by him with the National
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Cooperative Bank, Gandhi Bazaar, would be released and original documents would be handed over to him, if certain amount is paid to them. Accordingly, petitioner is said to have transferred an amount of Rs.60 lakhs in favour of respondents 2 to 8 and later got to know that he was cheated. Petitioner registers a complaint before the respondent - Police Station, which becomes a crime in Crime No.63 of 2023 for the offences punishable under Sections 409, 420, 504, 506 r/w Section 34 of the IPC.
4. The issue in the lis is not with regard to the aforesaid crime. During the course of investigation, accused No.2 is said to have transferred several amounts to different accounts including the account of accused No.4. Thereafter, the account of accused No.4 in Indian Overseas Bank, Jayanagar 7th block branch was debit frozen for an amount of Rs.30 lakhs. The petitioner files an application under Sections 451 and 457 of the Cr.P.C. seeking to release the amount of Rs.24 lakhs left in the account of accused No.4, which came to be rejected. The said order has driven the petitioner before this Court in the subject petition.
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5. Learned counsel for the petitioner would submits that accused have cheated the petitioner, after getting transferred an amount of Rs.60 lakhs in their favour, therefore, seeks a direction for demarking the lien/defreezement of the account and the amounts be released in favour of the petitioner.
6. Learned High Court Government Pleader appearing for the State on instructions would submit that the money does belong to the petitioner.
7. In that light, the prayer sought for by the petitioner before the concerned Court in the application files under Sections 451 and 457 of the Cr.P.C. deserves to be allowed.
8. For the aforesaid reasons, the following:
ORDER
(i) The Criminal Petition is allowed.
(iii) The impugned order dated 15-11-2023, passed by the III Additional Chief Metropolitan Magistrate, Bangalore in Crime No.63 of 2023 stands quashed.
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(iii) The application filed under Sections 451 and 457 of the Cr.P.C. by the petitioner, stands allowed.
(iv) 1st Respondent – Investigating Officer shall issue a direction to defreeze the account of accused No.4 to defreeze, demark the lien and transfer the amount to the petitioner’s account and also take necessary action in the matter, if any.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
BKP List No.: 2 Sl No.: 61