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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF NOVEMBER, 2020

BEFORE

THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL REVISION PETITION NO.646/2020

C/W

CRIMINAL REVISION PETITION NOS.613/2020,

634/2020, 636/2020

IN CRL.R.P. NO.646/2020

BETWEEN:

MR. R. ANEPPA,

S/O LATE REVANNA,

AGED ABOUT 52 YEARS,

R/AT: NO.388, REVANNA LAYOUT,

ANNAPURNA NAGAR,

KALKERE MAIN ROAD,

RAMAMURTHINAGAR,

BENGALURU – 560 043.

… PETITIONER

(BY SRI SIDDHARTH B. MUCHANDI, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

REPRESENTED BY POLICE INSPECTOR,

ANTI-CORRUPTION BUREAU,

BENGALURU CITY STATION,

BENGALURU – 560 001.

… RESPONDENT

(BY SRI MANMOHAN P.N., SPL. PP)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397

R/W 401 OF CR.P.C., PRAYING TO:

A) EXAMINE THE CORRECTNESS AND LEGALITY OF THE

ORDER DATED 30.09.2020 ON THE FILE OF XXIII ADDITIONAL

CITY

CIVIL

AND

SESSIONS

JUDGE,

SPECIAL

JUDGE,

BANGALORE

URBAN

DISTRICT,

BANGALORE

IN

CRL.MISC.NO.4990/2020.

B) SET ASIDE THE ORDER DATED 30.09.2020 THEREIN

AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE

PETITIONER U/S 451, 457 OF THE CODE OF CRIMINAL

PROCEDURE AND DIRECT THE RESPONDENT POLICE TO

INSTRUCT HDFC BANK, KALKERE BRANCH, BANGALORE TO

DEFREEZE

HIS

BANK

ACCOUNT

BEARING

ACCOUNT

NO.10501000000016, ALONG WITH THE ATTACHED LOCKER

FACILITY NO.68 AND PERMIT TO OPERATE THE SAME PENDING

DISPOSAL OF THE TRIAL.

IN CRL.R.P. NO.613/2020

BETWEEN:

M/S. VALMAK REALITY

HOLDINGS PVT. LTD.,

HAVING ITS OFFICE AT

NO.133/1, ‘THE RESIDENCY’

10^TH FLOOR, BENGALURU – 560 025

REPRESENTED BY ITS DIRECTOR,

MR. RATAN BABULAL LATH,

AGED ABOUT 59 YEARS

… PETITIONER

(BY SRI K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE A/W

SRI BHARATH KUMAR V., ADVOCATE)

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AND:

STATE OF KARNATAKA,

THROUGH STATION HOUSE OFFICER,

ANTI CORRUPTION BUREAU

BENGALURU CITY

REPRESENTED BY:

STATE PUBLIC PROSECUTOR

HON’BLE HIGH COURT OF KARNATAKA,

BANGALORE – 560 001.

… RESPONDENT

(BY SRI MANMOHAN P.N., SPL. PP)

THIS CRIMINAL REVISION PETITION IS FILED U/S 397

R/W 401 OF CR.P.C., PRAYING TO:

A) SET ASIDE THE ORDER DATED 16.09.2020, IN MATTER

BEARING

SPL.C.C.

NO.259/2020

PASSED

BY

THE

XXIII

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL

JUDGE, BENGALURU URBAN DISTRICT, AS AGAINST THE

PETITIONER HEREIN (VIDE ANNEXURE-A).

B) CONSEQUENTLY, DIRECT THE RESPONDENT POLICE TO

WITHDRAW THE NOTICE DATED 13.08.2020, COMMUNICATED

TO M/S CORPORATION BANK AND M/S HDFC BANK OR DEFREEZ

THE FOLLOWING ACCOUNTS HELD BY THE PETITIONER HEREIN:

1. A/C NO.510101005674671,

BANK NAME – CORPORATION BANK, M.G.ROAD BRANCH,

ACCOUNT HOLDER – M/S VALMARK REALITY HOLDINGS

PVT. LTD.,

BALANCE AS ON THE DATE OF FREEZING – RS.61,02,818/-.

2. A/C NO.510101005677199,

BANK NAME – CORPORATION BANK, M.G.ROAD BRANCH,

ACCOUNT HOLDER – M/S VALMARK REALITY HOLDINGS

PVT. LTD.,

BALANCE AS ON THE DATE OF FREEZING – RS.2,23,720/-.

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3. A/C NO.5020003572721,

BANK NAME – HDFC BANK, KASTURBA ROAD BRANCH

ACCOUNT HOLDER – M/S VALMARK REALITY HOLDINGS

PVT. LTD.,

BALANCE AS ON THE DATE OF FREEZING – RS.1,22,354/-

IN CRL.R.P. NO.634/2020

BETWEEN:

MR. RATAN BABULAL LATH,

S/O BABULAL LATH,

AGED ABOUT 59 YEARS,

R/AT NO.22, GOLDEN ENCLAVE,

OLD AIRPORT ROAD,

VIMANAAPUARA,

BENGALURU NORTH TALUK,

BENGALURU – 560 017.

… PETITIONER

(BY SRI SHASHIKIRAN SHETTY, SENIOR ADVOCATE A/W

SRI BHARATH KUMAR V., ADVOCATE)

AND:

STATE OF KARNATAKA,

THROUGH

STATION HOUSE OFFICER,

ANTI CORRUPTION BUREAU

BENGALURU CITY

REPRESENTED BY:

STATE PUBLIC PROSECUTOR

HON’BLE HIGH COURT OF KARNATAKA,

BANGALORE – 560 001.

… RESPONDENT

(BY SRI MANMOHAN P.N., SPL. PP)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397

R/W 401 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER

DATED 16.09.2020, IN MATTER BEARING SPL.C.C. NO.259/2020

PASSED BY THE XXIII ADDITIONAL CITY C