- 1 - HC-KAR NC: 2025:KHC:21208 WP No. 10124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10124 OF 2025 (GM-RES) BETWEEN: SRI VENKATESAN PANDURANGAN, S/O PANDURANGAN RAMASAMY, AGED ABOUT 38 YEARS, R/O NO. 1/270, MIDDLE STREET, THALAIVASAL TALUK, DEVIYAKURICHI TALUK, SALEM DISTRICT, TAMIL NADU - 636 112. …PETITIONER (BY SRI. PREREET JAIN B., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY CEN CRIME POLICE STATION, MYSURU. (REPRESENTED BY THE HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-01). 2. ICICI BANK, ATTUR BRANCH, NO. 492, SALEM-CUDDALORE MAIN ROAD, NORTH UDAYARPALAYAM, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21208 WP No. 10124 of 2025 ATTUR - 636 102. (REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1, SRI. FRANCIS XAVIER, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO 1 POLICE TO CONSIDER THE REPRESENTATIONS/E-MAIL COMMUNICATIONS OF THE PETITIONER DATED 19-03-2024, 23-05-2024 AND 30-05-2024 VIDE ANNEXURE-G, G1 AND G2 AND CONSEQUENTLY ISSUE DIRECTIONS TO RESPONDENT NO 2 BANK TO REMOVE/DE- MARK THE LIEN OF RS. 76,234/- MARKED ON PETITIONERS BANK ACCOUNT BEARING NO. 046801503559 AND IFSC NO. ICI0006049 MAINTAINED WITH RESPONDENT NO 2 BANK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought for issuance of writ of mandamus directing respondent No.1 - Police to consider the representations of the petitioner at Annexures - 'G', - 3 - HC-KAR NC: 2025:KHC:21208 WP No. 10124 of 2025 'G1' and 'G2' and issue directions to respondent No.2 - Bank to remove/de-mark the lien of Rs.76,234/- marked as regards the petitioner's bank account bearing No.046801503559 and IFSC No.ICI0006049 maintained with the respondent No.2 - Bank. 2. Several contentions have been raised including the procedure under Section 102 of Cr.P.C has not been followed while marking the lien on the account. 3. Learned Additional Government Advocate upon instruction submits that there appears to be procedural lapse insofar as the procedure under Section 102 of Cr.P.C has not been followed. 4. In light of the same and noticing that the lien at the instance of the State Police, the petition requires to be allowed due to non-following of the procedure under Section 102 of Cr.P.C. The exercise of right of lien by the Bank at the instance of the Police is illegal and accordingly, the same is set aside and the respondent - - 4 - HC-KAR NC: 2025:KHC:21208 WP No. 10124 of 2025 Bank is to take steps forthwith to remove the lien of Rs.76,234/- marked under the petitioner's bank account bearing No.046801503559. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 30 CT : SHS