IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4976/2017 BETWEEN:
JAYACHANDRA REDDY S/O RAGHAVA REDDY K AGED ABOUT 53 YEARS R/AT ROYAL RESIDENCY NO.8, 1ST BLOCK M.G.ROAD, BENGALURU-01 ... PETITIONER (BY SMT. ARCHANA MURTHY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY ULSOOR POLICE REP. BY S.P.P HIGH COURT BENGALURU-560 001.
(BY SRI. S. RACHAIAH, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO SET ASIDE THE ORDER OF THE X ACMM, BANGALORE DATED 13.01.2017 ON I.A. IN C.C.NO.22306/2012 AND ALSO THE ORDER OF THE XXVIII ADDL. CITY CIVIL AND S.J., BANGALORE DATED 09.03.2017 IN CRL.R.P.NO.25013/2017 THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner had lodged a complaint on 03.01.2012 against Erick Brown and others alleging that he is a contractor and on 11.08.2011 he had received a message through e-mail stating that coco-cola company has sent a parcel which contains Gift of `10 lakhs in his favour and as such he was called upon by them to pay custom duty and taxes. Complainant is said to have paid total amount of `25 Lakhs on various dates to the accounts of accused in ICICI, SBI and AXIS Banks and on account of accused persons subsequently not having responded, he filed a complaint before the jurisdictional Police stating that he has been cheated and as such, complaint came to be registered against accused persons for the offences punishable under Section 420 of IPC and under Section 14A and 14B of Foreigners Act, 1946.
2. On requisition from the Investigating Officer accounts of accused persons have been freezed and a sum of `3,44,575/- which are in the accounts of the accused was sought for being released by filing an application under Sections 451 and 457 Cr.P.C, which has been rejected by the learned trial Judge by order dated 13.01.2017 in the teeth of objections raised by the learned Assistant Public Prosecutor that amount would be required during the course of trial. Said order has also been affirmed by the Revisional Court. Hence, this petition.
3. Complainant in his application filed under Sections 451 & 457 Cr.P.C. has stated that accused persons have extorted money of `25 Lakhs from him by inducing him to deposit same in various banks i.e., ICICI, HDFC and SBI and accused persons have received said money by cheating the petitioner. However, details of the amounts which the complainant has paid to the accused is not forthcoming. Infact, complainant has stated that he has deposited a sum of `25 Lakhs with the Indian Customs Department. However, no proof of it has been furnished. It can be seen from the averments made in the complaint that total sum of `2,02,796/- is said to have been paid by the complainant by transferring the same through his Bank account. As such, complainant, at the most, would be entitled for release of `2,02,796/-.
4. The jurisdictional Investigating Officer by report dated 07.01.2017 has also stated that freezed amount may be released in favour of the complainant by imposing conditions. In view of the fact that accounts of the accused persons have been freezed and same is in the accounts of accused. Out of said amount a sum of `2,02,796/- is to be de-freezed and released in favour of the petitioner-complainant, since jurisdictional police have also indicated their no- objection.
5. Hence, it is hereby ordered that Account bearing Nos. 31714003670 and 31262579269 of State Bank of India, M.G. Road Branch, Bengaluru and Account No.911010009620762 of Axis Bank, M.G.Road Branch, Bengaluru be de-freezed to the extent of `2 lakhs (from two accounts of State Bank of India) and Rs.2,796 (from the account of Axis Bank). On such de- freezing of said accounts, amounts lying in the respective accounts shall be transferred to the X ACMM, Bengaluru to be deposited in C.C.No.22306/2012 and such amount shall be kept in judicial deposit and jurisdictional Court shall release the same in favour of the complainant-petitioner on proper identification and subject to the following conditions;
(1) Petitioner shall execute a personal bond for `2,02,796/-.
(2) Petitioner shall furnish two solvent sureties to the satisfaction of the trial Court.
(3) On furnishing of personal bond with two(2) solvent sureties, `2,0,2796/- shall be released in favour of petitioner.
(4) If any fresh application is filed by the petitioner for release any further amount, trial Court shall independently consider the same independently without being influenced by its earlier orders.
Accordingly, this petition stands disposed of.
SD/- JUDGE RU