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2025 DAILYLAW 18409 (KAR)

SMT. VIJAYASHREE S.V. v. THE STATE OF KARNATAKA

WP/6393/2025 · 2025-03-20

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:11616 WP No. 6393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6393 OF 2025 (GM-RES) BETWEEN: SMT. VIJAYASHREE S.V. W/O RAVIKUMAR, AGED ABOUT 45 YEARS. RESIDING AT SHANTHINAGARA, CHALLAKERE TOWN, CHITRADURGA-577501. …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS STATION HOUSE OFFICER, CHALLAKERE POLICE STATION CHITRADURGA-577522. REPT. BY ITS HCGP HIGH COURT OF KARNATAKA BUILDING, BENGALURU-560001. 2. PRAGATHI KRISHNA GRAMIN BANK, A SCHEDULED BANK OWNED BY GOVT. OF INDIA AND SPONSORED BY CANARA BANK, HEAD OFFICE, NO. 32, GANDHINAGAR, BELLARY-583103 BY ITS SENIOR MANAGER. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11616 WP No. 6393 of 2025 3. REGIONAL MANAGER PRAGATHI KRISHNA GRAMIN BANK, REGIONAL OFFICE, CHITRADURGA-577501. 4. PRAGATHI KRISHNA GRAMIN BANK MEERASABIHALLY BRANCH CHALLAKERE TALUK, CHITRADURGA-577501. BY ITS BRANCH MANAGER 5. PRAGATHI KRISHNA GRAMIN BANK THYAGRAJANAGAR CHALLAKERE TOWN CHITRADURGA-577501. BY ITS BRANCH MANAGER. 6. BANKING OMBUDSMEN RESERVE BANK OF INDIA REGIONAL OFFICE 10/3/8 NRUPATHUNGA ROAD, BENGALURU - 560001. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT ENTIRE ACTION OF THE R-1 IN FREEZING i. FIXED DEPOSIT NO. 10722141800001 IN R-4 BRACH BANK IN SUM OF RUPEES 15 LAKHS. ii. S.B A/C NOS. 10550101029668 MAINTAINED AT KARNATAKA GRAMIN BANK, MEERASABIHALLY BRANCH, CHALLAKERE TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11616 WP No. 6393 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Saravana S., learned counsel appearing for the petitioner, Sri. Mohammed Jaffar Shah, learned AGA appearing for respondent No.1 and have perused the material on record. 2. The petitioner is before this Court calling in question an action of the respondent - Investigating Officer directing freezement of the account of the petitioner held at various banks. 3. The petitioner gets embroiled in Crime Nos.75/2019 and 76/2019 for the offences punishable under Sections 420 and 419 read with 34 of the IPC. 4. Learned counsel appearing for the petitioner taking this Court through the complaint would seek to contend that the total amount in dispute against the petitioner is about Rs.15,62,000/-, but the account of the petitioner in all the banks are frozen pursuant to the direction of the first respondent on account of registration of the crimes. - 4 - NC: 2025:KHC:11616 WP No. 6393 of 2025 5. Learned AGA on instructions and verification of the records would submit the charge-sheet is filed against the petitioner and others and the total amount involved in the transaction is Rs.15,62,000/-. 6. In that light, I deem it appropriate to direct respondent Nos.4 and 5 - Bank to mark a lien on amount of Rs.15,62,000/- in total and permit the petitioner to operate the account as she was operating prior to the freezing order. 7. With the aforesaid observations, the petition stands disposed with a direction to the Bank to defreeze the account of the petitioner bearing in mind the observations made in the course of the order, without brooking any further delay. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 22 CT: BHK