- 1 - HC-KAR NC: 2025:KHC:24827 WP No. 31834 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31834 OF 2024 (GM-POLICE) BETWEEN: SRI.TONY JOSE, S/O C.V. JOSEPH, AGED ABOUT 50 YEARS, RESIDING AT NO. B-203, 6TH CROSS, OCEANUS GREEN DALE, PHASE-2, OPP VINAYAKA TEMPLE RAMAMURHTYNAGAR, HOYSALA NAGAR, BANGALORE 560 016. PH - 7760961422 AND 9535984433 AND ALSO WORKING AT AMETEK INSTRUMENTS INDIA PRIVATE LIMITED, BHORUKA TECH PARK, 4TH FLOOR, HOODI, ITPL MAIN ROAD, MAHADEVAPURA, KR PURAM HOBLI, BANGALORE 560 048. …PETITIONER (BY SRI. RAJESH A., ADVOCATE) AND: 1. STATE BY NORTH EAST CEN POLICE STATION, YALAHANAKA, BANGALORE 560 064. 2. STATE BY SOUTH CEN POLICE STATION, BANASHANKARI, BANGALORE CITY - 560 070 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24827 WP No. 31834 of 2024 3. STATE BY NORTH CEN CRIME POLICE STATION, YASHAWANATHAPURA, BANGALORE CITY - 560 022. 4. STATE BY MAHALAXMI LAYOUT POLICE STATION, BANGALORE CITY - 560 086 5. STATE BY RAMAMURTHY NAGAR POLICE STATION, BANGALORE CITY 560 016 6. STATE BY VIDYARANYAPURA POLICE STATION, BANGALORE CITY 560 097 7. STATE OF MAHARASHTRA BY MULUND POLICE STATION, MULUND, MUMBAI - 400 080 8. STATE OF MAHARASHTRA BY MUMBAI POLICE MUMBAI 400 001. 9. STATE OF RAJASTHNAN BY JAIPUR POLICE STATION, STATION HOUSE OFFICER, JAIPUR - 302 001. 10. STATE OF JHARKHAND BY RANCHI POLICE STATION, JHARKHAND POLICE HEAD QUARTER, RANCHI - 834007. THE RESPONDENTS 1 TO 9 ARE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA COMPLEX, BANGALORE 560 001. 11. THE MANAGER, HDFC BANK, NO.8/24, SALCO CENTER, RICHMOND ROAD, BANGALORE 560 025. 12. THE MANAGER, STATE BANK OF INDIA, - 3 - HC-KAR NC: 2025:KHC:24827 WP No. 31834 of 2024 DOORAVANI NAGAR BANCH, BANGALORE 560 016. …RESPONDENTS (BY SMT. K.P.YASHODHA, AGA FOR R1 TO R6 SRI.SANDEEP S., ADVOCATE FOR R12. SRI.FRANCIS XAVIER, ADVOCATE FOR R11) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTION TO R1 TO R9 POLICE TO UNFREEZE THE ACCOUNT BEARING NO. 05231140055908 MAINTAINED WITH 11TH RESPONDENT I.E HDFC BANK, RICHMOND ROAD, BANGALORE AND ANOTHER ACCOUNT BEARING NO. 00000036952994763 MAINTAINED WITH 12TH RESPONDENT I.E STATE BANK OF INDIA, DOORAVANI NAGAR BRANCH, BANGALORE. 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 a issuance of a writ in the nature of direction to respondent Nos.1 to 9 to defreeze the Account bearing No.05231140055908 maintained with 11th respondent and Account bearing No.00000036952994763 maintained with 12th respondent. - 4 - HC-KAR NC: 2025:KHC:24827 WP No. 31834 of 2024 2. Upon notice, the memo dated 08.07.2025 is filed on behalf of respondent No.11, which reads as hereunder: "The counsel for the Respondent No.11, respectfully submit that in respect of customer account No.05231140055908 in the name of TONY JOSE, we have received cyber notices from HDFC BANK LIMITED. The details of the notices, including reference numbers, hold marked days and amounts are produced herewith for the kind perusal of this Hon'ble court. It is further submitted that as per the communication received from HDFC Bank limited: 1. The total Hold amount in the said account is Rs. 6,84,896/- 2. The total available balance is Rs. 9,12,674/- 3. The net balance after adjusting hold is Rs.2,27,778/- The copy of the communication received from HDFC Bank limited is attached to this memo for reference and further proceedings. This memo is filed in the interest of Justice and Equity." 3. The memo filed on behalf of respondent No.12 is to the effect that lien continues with respect to an amount of Rs.1,58,000/-. - 5 - HC-KAR NC: 2025:KHC:24827 WP No. 31834 of 2024 4. Taking note of both the stands of respondent Nos.11 and 12, it would be appropriate to dispose of the writ petition as follows: i) Insofar as Account bearing No.05231140055908 maintained with 11th respondent, there would be a direction to defreeze the Account above the amount of Rs.6,84,896/-. ii) Insofar as the order freezing the balance with respect to Account bearing No.00000036952994763 maintained with 12th respondent-bank, the lien would continue with respect to an amount of Rs.1,58,000/- only and the petitioner is at liberty to utilize funds above the same. 5. Accordingly, the petition is disposed off, while keeping open contention of the petitioner insofar as the amount with respect to which lien continues to be raised in terms of Section 497 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') before the trial Court. - 6 - HC-KAR NC: 2025:KHC:24827 WP No. 31834 of 2024 6. All other contentions regarding the validity of pending criminal proceedings are left open to be raised by the petitioner before the appropriate forum. Sd/- (S SUNIL DUTT YADAV) JUDGE BKN/List No.: 1 Sl No.: 39