- 1 - NC: 2025:KHC:13848 WP No. 8923 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8923 OF 2025 (GM-RES) BETWEEN: 1. SRI PRAKASH @ BETTEGOWDA AGED ABOUT 67 YEARS S/O LATE THIRUMALEGOWDA 2. SMT. SHARADAMMA AGED ABOUT 62 YEARS W/O PRAKASH R/AT NO.61, DANDIGANAHALLI HOBLI NADANAHALLI, SAGATHAVALLI CHANNARAYAPATNA, HASSAN KARNATAKA – 573 116. …PETITIONERS (BY SRI ANIL KUMAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, HAVING OFFICE AT M.S BUILDING, BENGALURU – 560 001. 2. KARNATAKA GRAMIN BANK REPRESENTED BY ITS MANAGER CHANNARAYAPATNA BRANCH – 12110 CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 116 REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13848 WP No. 8923 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, SETTING ASIDE THE ENDORSEMENT DATED 08.08.2024 BEARING NO. KGB/ ISSUED BY THE RESPONDENT NO.2 BANK VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “(a) Issue a writ of Certiorari or any other appropriate writ or order or direction, setting aside the endorsement dated 08.08.2024 bearing No. KGB/ issued by the Respondent No.2 bank vide ANNEXURE-A. (b) Issue a writ of mandamus directing the Respondent No.2 Bank to release the amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) in favor of the Petitioner No.2 account from the account bearing No.12110100012260. (c). Direct the Respondent Bank to take appropriate action in compliance with the laws, considering the medical condition of the account holder. d). Award costs of the petition and any other consequential reliefs that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” - 3 - NC: 2025:KHC:13848 WP No. 8923 of 2025 2. Heard Sri Anil Kumar R., learned counsel for the petitioners and Sri Mohammad Jaffar, learned Additional Government Advocate for respondent No.1. 3. The petitioners are the parents of one Vijay Kumar, who meets with a road traffic accident in the year 2021, resulting in severe head injury. It transpires that the son now is in Coma. The petitioners had approached the Chief Minister requesting financial assistance and the office of the Chief Minister considering the request, has approved grant of `5 lakhs. The said amount is transferred to the second respondent - Karnataka Gramina Bank, in the name of the son – Vijay Kumar. The bank has not transmitted the same to the account of the petitioners on the ground that the amount is released in favour of one Vijay Kumar and since Vijay Kumar is in Coma, respondent No.2 - bank would not be able to release the amount in favour of the petitioners and declined the request of the petitioners by its endorsement dated 08.08.2024. - 4 - NC: 2025:KHC:13848 WP No. 8923 of 2025 4. This Court directed the petitioners to file an affidavit of undertaking that they would spend the amount only on their son. The affidavit reads as follows: “1. We are the petitioners in the above writ and we are well conversant with the facts and circumstances of the case. Hence, we are deposing to the contents of this affidavit. 2. The contents of the memorandum of this writ petition may kindly be treated as part and parcel of this affidavit in order to avoid repetition of facts and for the sake of brevity. 3. We state that the above writ is filed by us seeking for setting aside the endorsement dated 08.08.2024 issued by the Respondent No.2 Bank and to release the amount of Rs.5,00,000/-(Rupees Five Lakhs Only) in favor of the Petitioner No.2 bank account bearing No. 12110100012260. 4. We state that we are father and mother of Mr. Vijayakumar. Our Son Mr. Vijayakumar had met with an accident, resulting in a severe head injury and diffuse anoxal injury. Since from the date of incident, he has remained in Coma and is still bedridden. 5. We state that the released amount of Rs.5,00,000/- (Rupees Five Lakhs Only) will be exclusively utilized for the purpose of medical care and treatment undergoing by our son Mr. Vijay Kumar. 6. We hereby state that we are producing our Aadhaar card along with this affidavit. 7. We state that the contents of this Affidavit are true and correct to the best of our knowledge and belief.” - 5 - NC: 2025:KHC:13848 WP No. 8923 of 2025 In the light of the affidavit so filed, I deem it appropriate to direct respondent No.2 - bank to release the amount of `5 lakhs in favour of the petitioners, that has come to the account of Vijay Kumar. 5. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The endorsement dated 08.08.2024, stands quashed. c. Mandamus issues to respondent No.2 – Karnataka Gramin Bank to release `5/- lakhs in favour of petitioner No.2 from the account bearing No.12110100012260, within one week from the date of receipt of a copy of the order. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 32/CT:SS