IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOs.8815-8818/2019(GM-RES) BETWEEN:
1. MR. TARUN BAKSHI S/O MR. TILAK RAJ BAKSHI AGED ABOUT 65 YEARS NO.32, VASANT MARG NEW DELHI - 110 057 (SENIOR CITIZEN BENIFIT NOT CLAIMED) 2. MRS. ANURADHA BAKSHI W/O MR. TARUN BAKSHI AGED ABOUT 60 YEARS NO.32, VASANT MARG NEW DELHI – 110 057 (SENIOR CITIZEN BENEFIT NOT CLAIMED) 3. M/S TRIBURG SPORTSWEAR A PROPRIETORSHIP FIRM 50/8, FIRST FLOOR TOLSTOY LANE, JANPATH NEW DELHI – 110 001 REPRESENTED BY ITS PROPRIETOR MR. TARUN BAKSHI 4. TRIBURG CONSULTANTS PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 50/8, FIRST FLOOR TOLSTOY LANE, JANPATH NEW DELHI – 110 001 REPRESENTED BY ITS DIRECTOR MR. TARUN BAKSHI ... PETITIONERS (BY SRI. S. NAGANAND., SR. ADVOCATE FOR SRI. ARJUN RAO., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH: KAMAKSHIPALYA POLICE STAITON, NEAR GOVERNMENT SCHOOL MAGADI MAIN ROAD KAMASKHIPALYA BASAVESHWARA NAGAR BENGALURU – 560 079.
2. STATE OF KARNATAKA THROUGH: CENTRAL CRIME BRANCH, BRIYAND SQUARE NEW TARAGUPET BENGALURU – 560 002.
3. SYNDICATE BANK VASANT VIHAR BRANCH NEW DELHI, C 18 SHOPPING CENTRE NO.1, PASCHIMI MARG VASANTH VIHAR NEW DELHI – 110 057 REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS (BY SRI. S.T. NAIK., HCGP FOR R-1 AND R-2; R-3 DISPENSED WITH;
SRI. P. PRASANNA KUMAR., ADVOCATE FOR PROPOSSED APPLICANT R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALLING FOR THE RECORDS OF CRIME NO.252/2017 BEFORE THE IV ADDITIONAL CHEIF METROPOLITAN MAGISTRATE AT BENGALURU. SETTING ASIDE THE ORDER DATED:25.1.2019 PASSED BY THE IV ADDITIONAL CHEIF METROPOLITAN MAGISTRATE AT BENGALURU IN CRIME NO.252/2017 REGISTERED BY THE KAMAKSHIPALYA POLICE STATION BENGLAURU [ANNEXURE-A] THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These petitions have been filed calling in question the legality of order dated 25.01.2019 passed by IV Additional Chief Metropolitan Magistrate, Bengaluru, in Crime No.252/2017- Annexure-A as well as order dated 05.01.2018 – Annexure-D passed by second respondent whereunder application filed by petitioners- applicants for defreezing the bank account Nos.90311010000394, 90311010001975 and 90312010024655 held in Syndicate Bank, Vasanth Vihar Branch, New Delhi has been rejected in the background of objections filed by the complainant i.e., fourth respondent herein as well as communication dated 05.01.2018-Annexure-D issued by second respondent.
2. Today learned counsel appearing for fourth respondent has filed a memo stating thereunder that complainant has no objection for defreezing the accounts, which had been freezed during the course of investigation by the second respondent. Said memo is placed on record.
3. As could be seen from the records/case papers and as already noticed hereinabove, accounts above referred to came to be freezed by second respondent by communication dated 05.01.2018 – Annexure-D issued to third respondent. On completion of investigation jurisdictional police have filed ‘B’ Report on 19.09.2018 vide Annexure-F. When petitioner filed the application under Section 451 r/w Section 457 of Cr.P.C. for defreezing of accounts, there was no resistance to this application on the part of prosecution i.e., second respondent. In fact, second respondent had submitted before trial Court that they have no objection for the accounts in question being defreezed vide their objection dated 15.11.2018-Annexure-G. Today, memo has been filed by fourth respondent who had objected for defreezing of accounts expressing its no-objections.
4. In the light of aforestated facts, this Court is of the considered view that prayer sought for in the petition deserves to be granted subject to petitioner executing indemnity bond/bond to the extent of amount, which is lying in the respective bank accounts.
Hence, I proceed to pass the following:
ORDER (i) Writ petition is allowed in part.
(ii) Order dated 25.01.2019 passed in Crime No.252/2017 by the IV Additional Chief Metropolitan Magistrate, Bengaluru (Annexure- A) and notice dated 05.01.2018 issued by second respondent to third respondent (Annexure-D), are hereby quashed.
(iii) Account Nos.90311010000394, 90311010001975 and 90312010024655 held in Syndicate Bank, Vasanth Vihar Branch, New Delhi, which had been freezed, is hereby ordered to be defreezed.
(iv) Petitioner shall execute an indemnity bond/bonds in favour of jurisdictional Court to the extent of amounts in the respective accounts held in Syndicate Bank above referred to.
(v) Third respondent-Bank shall permit the petitioners to operate said accounts on producing acknowledgement for having executed the indemnity bond/bond to the extent of amount lying in the respective accounts in favour of jurisdictional Court where the proceedings relating to acceptance of ‘B’ report is pending i.e., in Crime No.252/2017 pending on the file of IV Additional Chief Metropolitan Magistrate, Bangalore.
SD/- JUDGE DR