- 1 - NC: 2025:KHC:3378 WP No. 36160 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.36160 OF 2024 (GM-RES) BETWEEN: ANURADHA PADMANABHA D/O LATE S V NAGARAJ AGED 57 YEARS R/AT TF 14, BALAJI NEST APARTMENT 2ND MAIN, BASAPPA LAYOUT, KALYAN NAGAR, BANGALORE-560 043 …PETITIONER (BY SRI. ROHITH B J., ADVOCATE) AND: 1. INDUSIND BANK HAVING ITS BRANCH OFFICE DOOR NO 391/1, GROUND FLOOR, SECTOR A 2ND STAGE, YELAHANKA NEW TOWN BANGALORE-560 064 REP. BY ITS BRANCH MANAGER 2. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01. …RESPONDENTS Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3378 WP No. 36160 of 2024 (BY SRI. D. NARAYANA SWAMY., ADVOCATE FOR R1 SRI. SHAMANTH NAIK., HCGP FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING REFERENCE NO.23211240059630 DATED 12/11/2024 ISSUED BY THE RESPONDENT -BANK WHICH IS PRODUCED AT ANN-B AND DIRECTING THE RESPONDENT BANK TO CONSIDER THE REPLY EMAIL DATED 20/11/2024 SENT BY THE PETITIONER WHICH IS PRODUCED AT ANN-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is that her Savings Bank Account with the 1st respondent has been freezed at the instance of the West Bengal Asansol, Durgapur Police Commissionarate New Town Ship. However, it is also the grievance of the petitioner that she herself is a victim of such online fraud committed and a sum of Rs.1 lakhs has been siphoned of from her account. In that regard, the - 3 - NC: 2025:KHC:3378 WP No. 36160 of 2024 petitioner has also given a written complaint at Annexure- B dated 20.11.2024 to the 1st respondent Bank. 2. Learned counsel for the 1st respondent - Bank submits that it is true that the account of the petitioner has been freezed in terms of the directions issued by the West Bengal Police. Further, in terms of the directions issued by the Home Department of the Government of Karnataka a special police station known as CEN Crime Police Stations have been established in the State and accordingly the East CEN Crime Police Station have registered an FIR having regard to the complaint raised by the petitioner. Learned counsel would therefore submit that the complaint given by one Smt. Shwetha Bishwas regarding illegal transfer of Rs.6,500/- from her account to the account of the petitioner herein has been registered along with the complaint given by the petitioner for loss of Rs.1 lakhs from her account. Learned counsel would therefore submit that unless the said East Cen Police were to issue necessary directions to defreeze account of the - 4 - NC: 2025:KHC:3378 WP No. 36160 of 2024 petitioner, the 1st respondent will not be in a position to defreeze the same. 3. Nevertheless, learned counsel for the petitioner has drawn the attention of this Court to the recent decisions of the Co-ordinate benches of this Court in the case of M/s.MMR Mining Equipments /vs./ The State of Karnataka and Others in W.P.No.18663/2024 dated 25.07.2021 and Mr.Abdul Azeez /vs./ The Station House Officer and another in W.P.No.4220/2024 dated 12.03.2024, wherein directions have been issued to the respondent Banks therein to defreeze the account of the petitioner while creating a lien insofar as the amount which was transferred into the account of the petitioner as in the present case. Learned counsel prays for similar directions. Accordingly, the following: ORDER (1) The writ petition is allowed in part. (2) Mandamus issues to respondent No.1 – bank to defreeze the account of the petitioner forthwith. - 5 - NC: 2025:KHC:3378 WP No. 36160 of 2024 (3) A lien on the amount of Rs.6,500/- be marked upon the account of the petitioner and the petitioner be operate the account as any normal account holder would operate. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL