- 1 - NC: 2025:KHC:4115 WP No. 35356 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35356 OF 2024 (GM-RES) BETWEEN: MR. SOMAY PRADHAN, AGED ABOUT 25 YEARS, S/O SATOSH KUMAR, HAVING REISIDENCE AT: F17-A, SECTOR 15, PART – 2, GURGAON, HARYANA – 122001. …PETITIONER (BY SRI. JASVINDER SHARMA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY STATION HOUSE OFFICER, REP. BY SPP, HIGH COURT OF KARNTAKA, BANGALRE - 560001 2. INDUSIND BANK, THROUGH ITS BRANCH MANAGER, HAVING BRANCH AT: GROUND FLOOR, SHOP NO.16 & 17, SAPPHIER BUILDING, SECTOR 83, GURUGRAM, HARYANA – 122001. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R1 SMT. SREEDEVI AND JAI M.PATIL, ADVOCATES FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH PROVISION OF SECTION 528 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4115 WP No. 35356 of 2024 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO DIRECT THE RESPONDENT NO.1 TO DEFREEZE THE ACCOUNT OF THE PETITIONER MAINTAINED WITH RESPONDENT NO.2 INDUSIND BANK BEARING NO.158383933508 AND PERMIT THE PETITIONER HEREIN TO USE THE ACCOUNTS. AS FAR AS THE PETITIONER CONCERN ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for the following reliefs: “a) Issue a Writ Mandamus directing the Respondent no.1 to defreeze the account of the Petitioner maintained with Respondent no.2 IndusInd Bank bearing No.158383933508 and permit the Petitioner herein to use the accounts. As far as the petitioner concern. Annexure-B b) Issue necessary orders and directions thereby quashing the directions or instructions passed by respondent no.1 to respondent no.2 qua Freezing the bank account of the Petitioner. As far as the petitioner concern. Annexure-B c) Pass necessary orders and direction thereby quashing order dated 05.09.2024 passed by Ld. JMFC – VII, Mangalore, Karnataka in Crime No.65/2024. As far as the petitioner concern. Annexure-G. d) Grant such other and further orders as this Hon’ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity. As far as the petitioner concern.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for respondent No.2-complainant and perused the material on record. - 3 - NC: 2025:KHC:4115 WP No. 35356 of 2024 3. A perusal of the material on record will indicate that the petitioner has an account in respondent No.2 – INDUSIND Bank, which was frozen vide order dated 06.05.2024. Subsequently, FIR in Crime No.65/2024 dated 08.05.2024 was registered against unknown person for the offence punishable under Sections 66(c) and 66(b) of Information Technology Act, 2008 and under Section 420 of IPC. Subsequently, the petitioner having filed an application under Sections 451 and 457 Cr.P.C., seeking defreezing of the said account of the petitioner, the trial Court proceeded to pass the impugned order rejecting the application on the ground that the said account was involved in the alleged offences and consequently, the question of defreezing does not arise. Aggrieved by the impugned order dated 05.09.2024, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that the amount alleged against the petitioner is only Rs.20,667/- and consequently, the impugned order may be set aside and the application filed by the petitioner may be allowed by marking lien for the aforesaid amount of Rs.20,667/- and present petition may be disposed of accordingly. - 4 - NC: 2025:KHC:4115 WP No. 35356 of 2024 5. Per contra, learned HCGP submits that the impugned order may be set aside and the account of the petitioner may be directed to defreeze subject to marking lien the disputed amount of Rs.20,667/-. 6. In view of the aforesaid facts and circumstances, I pass the following: ORDER i) The petition is hereby allowed. ii) Impugned order dated 05.09.2024 passed in Crime No.65/2024 on the file of the VII JMFC, Mangaluru, Karnataka, is hereby set aside. iii) Respondents are directed to defreeze the account of the petitioner immediately upon receipt of copy of this order by marking lien in a sum of Rs.20,667/-. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 5