IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21368 OF 2017 (GM-POLICE) BETWEEN:
SITI NETWORKS LIMITED UNITED MANSIONS, 4TH FLOOR, NO.39, M.G. ROAD, BANGALORE-560 001, REPRESENTED BY ITS MANAGER SRI YASH CHANDRA.
(By MR. CHANDRASHEKAR M, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF HOME, M.S. BUILDING, BANGALORE-560 001.
2. THE POLICE INSPECTOR COMMERCIAL STREET POLICE STATION, BANGALORE-560 001.
3. M/S IDBI BANK MISSION ROAD BRANCH, BANGALORE-560 027, REP BY ITS BRANCH MANAGER.
(By MR. VIJAY KUMAR A PATIL, AGA FOR R-1 & 2 MR. T P MUTTANNA, ADV. FOR R-3) - - -
… PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 MADIWALA POLICE TO DE-FREEZE THE ACCOUNT BEARING NO.0008102000049115 BELONGING THE PETITIONER IN IDBI BANK, MISSION ROAD BRANCH, BANGALORE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Chandrashekar M., learned counsel for the petitioner.
Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondent Nos.1 and 2.
Sri.T.P.Muttanna, learned counsel for the respondent No.3.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner has assailed the validity of the action of the police authorities in freezing the bank account of the petitioner.
4. When the matter was taken up today, learned Additional Government Advocate submitted that during the pendency of the writ petition, the police authorities after completion of the investigation, have filed a charge sheet and the petitioner is not arrayed as an accused.
5. In view of the aforesaid submissions, learned counsel for the petitioner submitted that the petitioner be permitted to withdraw the amount of `3,00,000/- deposited before this Court subject to which the petitioner was permitted to operate the account.
6. In view of the aforesaid submissions and taking into account the fact that the petitioner has not been arrayed as an accused in the charge sheet which has been filed by the respondents before the Trial Court, it is directed that the petitioner shall be entitled to refund of the amount of `3,00,000/- and shall be directed to operate the account.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV