Karnataka High Court
Shri Shivu A vs The State Of Karnataka on 2 April, 2024
-1-
NC: 2024:KHC:13418
WP No. 8625 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.8625 OF 2024 (GM-RES)
BETWEEN:
SHRI. SHIVU A
S/O LATE ANNAPPA
AGED ABOUT 25 YEARS
R/A 1ST WARD,
SAVALANGA ROAD
SHIMOGA - 577 201
...PETITIONER
(BY SRI. KANISHK RAVINDRAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY DODDAPETE
POLICE STATION, SHIMOGA 577 201
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA
Digitally signed HIGH COURT BUILDING
by CHAITHRA A BANGALORE- 560 001.
Location: HIGH
COURT OF 2. STATE BANK OF INDIA
KARNATAKA REPRESENTED BY ITS MANAGER
HAVING OFFICE AT TIPPESWAMY COMPLEX
100 FT. ROAD, RAJENDRA NAGAR
SHIMMOGGA - 577 204
KARNATAKA
...RESPONDENTS
(BY SMT. NAVYA SHEKAR, AGA FOR R1;
NOTICE TO R2 D/W)
THIS WP IS FILED UNDER ARTICLES OF THE 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT R2-
-2-
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WP No. 8625 of 2024
STATE BANK OF INDIA TO DE-FREEZE/REINSTATE THE
SAVINGS BANK ACCOUNT OF THE PETITIONER BEARING
ACCOUNT NO.64213856271, MAINTAINED WITH STATE BANK
OF INDIA, HOSAMANE BRANCH, SHIVAMOGGA DISTRICT AS
PER ANNEXURE-F.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The captioned petition is filed seeking following
reliefs:
(a) Issue a Writ Mandamus or any other
writ or direction in the nature of a writ
directing the 2nd Respondent State Bank of
India to de-freeze/reinstate the Savings
Bank Account of the Petitioner bearing
Account No.64213856271, maintained
with State Bank of India, Hosamane
Branch, Shivamoggga District, as per
Annexure F.
(b) Issue a Writ of Mandamus or any
other writ or direction in the nature of a
writ directing the 2nd Respondent State
Bank of India to de-freeze/reinstate the
Fixed Deposit Bond of the petitioner
maintained with State Bank of India,
Hosamane Branch, Shivamogga District.
(c) Grant such other relief that this
Hon'ble Court deems fit in the
circumstances of the case.
2. The petitioner's account was freezed by the
orders of the learned Magistrate. The petitioner's
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grievance before this Court is that, though the petitioner is
acquitted by the judgment and order of acquittal passed
by the learned Magistrate in CC.No.1418/2019,
respondent No.2 taking cognizance of the acquittal order is
not de-freezing the petitioner's account.
3. Learned counsel for the petitioner has also
taken this Court to the operative portion of the order
passed by the learned Magistrate while passing the
judgment and order of acquittal. Perused the same. The
operative portion of the order passed by the learned
Magistrate reads as under:
"ORDER
In exercise of power Under Section
248(1) of Cr.P.c., I hereby acquit the
accused No.1 from the alleged offences
punishable Under Sections 408 and 420 of
IPC.
The bail bonds and surety bond of the
accused shall be continued for a period of
6 months as per Section 437(A) of Cr.P.C.
The vehicle bearing registration No.KA-
14P-6684 released in favour of accused as
per the order dated 15.06.2017 is made
absolute.
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The order of this Court dated
05.07.2017 and order dated 21.10.2017
are withdrawn. As such, the Manager, SBI,
Hosamane Branch, Shivamogga, is hereby
directed to defreeze the account
pertaining to the accused persons after
the appeal period is over."
4. Though, the learned AGA has contested and
opposed on the ground that an appeal is pending against
the acquittal order, this Court is of the view that mere
filing of an appeal cannot be a ground to decline
implementation of the order passed by the learned
Magistrate in C.C.No.1418/2019. While rendering an
acquittal order, learned Magistrate directed respondent
No.2-Bank to de-freeze the account pertaining to the
petitioner after the appeal period is over. It is also not in
dispute that the judgment was rendered on 25.11.2023
and the appeal period is over. If there is no interim order
granted by the Appellate Court, respondent No.2 cannot
decline to implement the direction issued by the learned
Magistrate as indicated supra.
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5. For the aforesaid reasons, this Court proceeds
to the following:
ORDER
1. Writ petition is allowed.
2. Respondent No.2 is hereby directed to implement
the direction issued by the learned Magistrate in
CC.No.1418/2019 in accordance with law.
3. This exercise shall be done by respondent No.2
within a period of two weeks from the date of receipt
of certified copy of this order.
4. However, it is made clear that this order will not
come in the way of respondent No.1-State from
seeking appropriate orders at the hands of the
Appellate Court in regard to de-freezing of the
petitioner's account.
Sd/-
JUDGE
PB
