Karnataka High Court
Mr. Roshan vs The State Of Karnataka on 29 November, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:43274
CRL.A No. 1867 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1867 OF 2023
BETWEEN:
MR. ROSHAN,
S/O OM PRAKASH HEGDE,
AGED ABOUT 35 YEARS,
R/AT NO.4-150/2, UPPINANGADY,
PUTTUR TALUK, D.K.
REPRESENTED BY GPA HOLDER,
MRS. DEEPA ROSHAN,
W/O ROSHAN,
AGED ABOUT 30 YEARS,
R/O NO.4-150/2, UPPINANGADY,
PUTTUR TALUK, D.K. - 574 241.
...APPELLANT
(BY SRI. M.R. BALAKRISHNA, ADVOCATE)
AND:
Digitally
signed by THE STATE OF KARNATAKA
GAYATHRI P G
Location: High
BY INSPECTOR OF POLICE,
Court of KARNATAKA LOKAYUKTA,
Karnataka MANGALURU, D.K. DISTRICT - 575 001.
...RESPONDENT
(BY SRI. B.S. PRASAD, SPECIAL COUNSEL)
THIS CRL.A IS FILED U/S.454 OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 08.12.2022 PASSED BY THE
HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE AT
MANGALURU IN SPL.CASE NO.42/2016 AND ALLOW THE
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NC: 2023:KHC:43274
CRL.A No. 1867 of 2023
APPLICATION FILED U/S 452 OF THE CR.PC FOR DEFREEZING
OF BANK ACCOUNT OF THE APPELLANT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant under
Section 454 of Cr.P.C., aggrieved by the order passed by
the learned III Additional District and Sessions Judge at
Mangalore in Spl.Case No.42/2016. Vide impugned order,
the learned Sessions Judge has rejected the application
filed by the appellant under Section 452 of Cr.P.C.
represented through his GPA holder.
2. Heard both sides and perused the material on
record.
3. Application under Section 452 of Cr.P.C. was
filed to de-freeze the S.B. account bearing
No.30944661942 belonging to the appellant, maintained
at SBI, Bantwal Cross Road Branch. The said account was
freezed during investigation by the Lokayukta Police in
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respect of a case registered against the accused by name
Mr. Om Prakash Hegde, appellant's father.
4. The accused had filed an application for
de-freezing of his SB account in S.B.I. and locker in
S.C.D.D.C bank, Bantwala and Uppinangady respectively.
In Crl.A.No.1401/2022 filed by the accused against his
conviction and sentence passed by the Trial Court, he filed
IA.No.4/2022 wherein, he was permitted to file an
application under Section 452 of Cr.P.C. before the Trial
Court for de-freezing of his SB account numbered
10130086338 maintained at S.B.I., Bantwala cross road
branch, Jodumarga, D.K. District and bank locker at
Central Co-operative Bank, Uppinanagadi Branch, D.K.
District.
5. Pursuant to the said order, accused filed an
application under Section 452 of Cr.P.C. and the same was
partly allowed by the learned Sessions Judge. In so far as,
the present appellant is concerned, his application seeking
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de-freezing of the account has been rejected on the
ground that, the application is not filed by the appellant,
but by his Power of Attorney holder.
6. The reasons assigned by the learned Sessions
Judge for rejecting the application filed under Section 452
of Cr.P.C is not proper. It is contended by the learned
counsel for the appellant that there is no legal bar under
the Code of Criminal Procedure to represent the respective
parties through their GPA or SPA holders for limited
purpose. Even otherwise, the application is filed by none
other than the wife of the applicant Roshan Hegde. There
is already an order passed by this Court in
Crl.A.No.1401/2022 dated 18.11.2022 permitting the
applicant to apply for de-freezing of the S.B. account
No.30944661942 maintained at S.B.I Bantwala cross road
branch, Jodumarga, D.K. District
7. The learned Sessions Judge is therefore,
directed to consider the application filed by the GPA holder
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of the appellant / applicant in-accordance with law and
dispose of the same as expeditiously as possible and as far
as possible not later than two weeks from the date of
receipt of this order.
8. Accordingly, appeal is disposed of.
Sd/-
JUDGE
LDC
CT: BHK
