(BY SRI. CHANDRA MOHAN K., ADVOCATE) v. SRI. S. NATARAJA SHARMA, ADVOCATE FOR R-2)

2. SRI. SUBRAMANI, AGED 54 YEARS SON OF LATE PERUMAL, RESIDING AT NO. 1269, BATTHALAHALLI, KUMADENAHALLI POST - 635 109, HOSUR TALUK, TAMIL NADU. LEELAVATHI S R Location: High Court of Karnataka

3. SRI. SHIVASHANKAR AGED 53 YEARS SON OF LATE NARAYANAPPA, RESIDING AT NO. 3/148-A, VELAGONDANAHALLI VILLAGE AND POST, DANKANIKOTE TALUK - 635 107, KRISHNAGIRI DISTRICT, TAMIL NADU (BY SRI. CHANDRA MOHAN K., ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:2791 CRL.P No. 9327 of 2023 AND:

THE STATE OF KARNATAKA BY ATTIBELE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001.

MANJUNATH.R. S/O RAMESH AGED ABOUT 37 EYARS # 12, MASZID ROAD ATTIBELE TOWN BENGALURU – 562 106. (BY SMT. WAHEEDA, HCGP FOR R-1 SRI. S. NATARAJA SHARMA, ADVOCATE FOR R-2) …RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 07.08.2023 IN CRL.RP.NO.5016/2022 ON THE FILE FO THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT SITTING AT ANEKAL AND THEREBY SET ASIDE THE ORDER DATED 14.09.2022 IN C.C.NO.15938/2021 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC ANEKAL AND THEREBY ALLOW THE PETITION AS PRAYED FOR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by accused Nos.1, 2 and 3 C.C.No.15938/2021 on the file of the III Addl. Civil Judge and JMFC, Anekal is directed against the impugned order dated

14.09.2022 passed by learned Magistrate, who rejected the - 3 - NC: 2025:KHC:2791 CRL.P No. 9327 of 2023 application filed by the petitioners under Sections 451 and 457 of Cr.P.C, which was confirmed by the III Addl. District and Sessions Judge, Anekal in Crl.R.P.5016/2022.

2. A perusal of the material on record will indicate that the petitioners herein are arraigned as accused Nos.1, 2 and 3 in C.C.No.15938/2021. The Bank accounts of the petitioners having been frozen by respondent No.1-Police, the petitioners filed an application under Sections 451 and 457 of Cr.P.C seeking defreezing of the accounts maintained by them in Indian Bank, State Bank of India and Canara Bank.

The said application having been opposed by respondent-complainant, the trial Court proceeded to pass the impugned order rejecting the application. Aggrieved by the same, the petitioners approached the III Addl. District and Sessions Judge, Bengaluru Rural District (Sitting at Anekal) Crl.R.P.No.5016/2022, which also came to be dismissed by the Sessions Court.

Aggrieved by the impugned orders passed by the trial Court and Sessions Court, the petitioners are before this Court by way of the present petition. - 4 - NC: 2025:KHC:2791 CRL.P No. 9327 of 2023

Learned counsel the petitioners submits petitioners would not withdraw any of the amounts lying in their accounts, which was frozen by respondent No.1-Police prior to passing of the impugned order till disposal of C.C.No.15938/2021 and the said submission made on instructions of the petitioners may be recorded and the accounts may be directed to be defreezed subject to the condition that the petitioners shall not withdraw any of the amounts lying in the said accounts as on today.

Per contra, learned counsel for respondent No.2- defacto complainant submits that if the petitioners are not permitted to withdraw any of the amounts lying in frozen accounts as on today, respondent No.2 does not have any objection for the said accounts to be defreezed.

In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, in the light of the joint submission made by both sides, I deem it just and appropriate to set aside the impugned orders and allow the application filed by - 5 - NC: 2025:KHC:2791 CRL.P No. 9327 of 2023 the petitioners under Sections 451 and 457 of Cr.P.C by imposing certain conditions upon the petitioners.