IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL REVISION PETITION NO.74/2019 BETWEEN:
Nitish Kumar S/o Shivakumar Aged about 26 years R/at Veerabhadra Swamy Nilaya 3rd Main, 3rd Cross Jayanagara East Tumkuru – 572 101 ...Petitioner (By Sri Karthik Yadav.U, Advocate for Sri.S.K Venkata Reddy, Advocate) AND:
State of Karnataka By ACB, Tumakuru Rept. by Spl. Public Prosecutor High Court of Karnataka Bengaluru – 560 001 ... Respondent (By Sri Jagadeesha.B.N, Sepical Public Prosecutor) This Criminal Revision Petition is filed under Section 397 r/w. Section 401 Cr.P.C. praying to set aside the order dated 06.10.2018 passed by the II Additional District and Sessions Judge, Tumakuru in Crl.Misc.No.881/2018 and consequently set aside the direction/order issued by the investigating officer, dated 07.08.2018 instructing the bank officials to freeze the accounts in respect of the petitioner maintaining at a) SBI, Siddaganga extension Branch, Tumkuru, bearing A/c No.64082936560; b) IDBI Bank, Ashok Nagara Branch, Tumkuru bearing A/c No.0362102000009843;
c) Canara Bank, Jayanagara Branch, Tumkuru, bearing A/c No.3862101005734; and permit the petitioner to draw the amount from all bank accounts, by de-freezing the same, by allowing the application U/s 451 R/w 457 of Cr.P.C.
This Criminal Revision Petition coming on for Admission, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner challenging the order passed by the II Additional District and Sessions Judge, Tumakuru in Crl.Mis.No.881/2018 dated 06.10.2018 .
2. I have heard the learned counsel for the petitioner and the learned Special Public Prosecutor Sri.B.N.Jagadeesha for respondent-ACB.
3. After hearing for sometime, the learned counsel for the petitioner submits that while filing the application under Section 451 and 457 of Cr.P.C, details of the amount and documents of the bank were not available and as such proper application has not been filed. Now he has secured all the documents and now he can file a fresh application by giving details for releasing the said amount.
4. The learned counsel for the respondent has no objection.
5. The said submission is placed on record and the learned counsel for the petitioner is permitted to withdraw the petition with a liberty to file a fresh application by mentioning the details of the accounts freezed and the amount intended to be got released in his favour with details and by producing all the documents.
Accordingly, petition is dismissed as withdrawn.
HB/-
SD/- JUDGE