- 1 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25786 OF 2025 (GM-RES) C/W WRIT PETITION NO.20601 OF 2025 (GM-RES) IN W.P.No. 25786/2025 BETWEEN: ANIL G N S/O NARASIMHA MURTHY, AGED ABOUT 40 YEARS, R/AT 1st BLOCK, 14th CROSS, MAHALAKSHMI NAGARA NEAR RAILWAY GATE TUMKUR 572 104. …PETITIONER (BY SRI. SRIKANTH A.,ADVOCATE) AND: 1. STATE BANK OF INDIA BATAWADI BRANCH, S.L.N TOWERS VIDYANAGAR, B H ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 TUMKUR 572 103 REPRESENTED BY M.D. 2. THE OFFICER IN CHARGE STATION HOUSE OFFICER, CYBER CRIME PS, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM DISTRICT 695 001 REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE. 3. THE OFFICER IN CHARGE STATION HOUSE OFFICER CYBER CRIME PS, MUMBAI 40001. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN A/W SRI. P. PRASANNA KUMAR A/W SRI. H.V. BHANUPRAKASH AMICUS CURIAE SRI. VARADARAJ R HAVALDAR.,ADVOCATE FOR R1; NOTICE TO R2 & R3 ARE DEFERRED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO (A) ISSUE A WRIT IN THE NATURE OF WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE 1ST RESPONDENT BANK TO MARK THE DISPUTED AMOUNT OF RS. 41,000/- (RUPEES FORTY ONE THOUSAND ONLY) AS PER ANNEXURE-A AND RS.3,000/- AS PER ANNEXURE-C AND IMMEDIATELY DEFREEZE THE REMAINING - 3 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 BALANCE AMOUNT TO OPERATE THE PETITIONER'S ACCOUNT NO.00000030286662158; (B) DIRECT THE RESPONDENT NO.1 TO ENSURE THAT NO FURTHER FREEZING OF THE PETITIONERS ACCOUNT SHALL TAKES PLACE UNTIL A THOROUGH INVESTIGATION IS CONDUCTED AND PROPER NOTICE IS ISSUED TO THE PETITIONER REGARDING THE STATUS OF THE COMPLAINT AND INVESTIGATION. IN W.P.No. 20601/2025 BETWEEN: ANIL G N S/O NARASIMHA MURTHY, AGED ABOUT 40 YEARS, R/AT 1st BLOCK, 14th CROSS, MAHALAKSHMI NAGARA NEAR RAILWAY GATE TUMKUR 572 104. …PETITIONER (BY SRI. SRIKANTH A.,ADVOCATE) AND: 1. STATE BANK OF INDIA BATAWADI BRANCH, S.L.N TOWERS VIDYANAGAR, B H ROAD, TUMKUR 572 103 REPRESENTED BY M.D. - 4 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 2. THE OFFICER IN CHARGE STATION HOUSE OFFICER, CYBER CRIME PS, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM DISTRICT 695 001 REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN A/W SRI. P. PRASANNA KUMAR A/W SRI. H.V. BHANUPRAKASH AMICUS CURIAE SRI. VARADARAJ R HAVALDAR.,ADVOCATE FOR R1; NOTICE TO R2 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R-1 BANK TO MARK THE DISPUTE AMOUNT OF RS.57,776/- AND IMMEDIATELY DEFREEZE THE REMAINING BALANCE AMOUNT TO THE OPERATE THE PETITIONERS ACCOUNT NO. 00000030286662158; DIRECT THE R-1 TO ENSURE THAT NO FURTHER FREEZING OF THE PETITIONERS ACCOUNT SHALL TAKES PLACE UNTIL A THOROUGH INVESTIGATION IS CONDUCTED AND PROPER NOTICE IS ISSUED TO THE PETITIONER REGARDING THE STATUS OF THE COMPLAINT AND INVESTIGATION. - 5 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner in these petitions maintains a savings account in No.30286662158 with the first respondent [the State Bank of India], and he seeks directions to the first respondent [Bank] to mark Rs.57,776/- and Rs.41,000/- and Rs.3,000/- for lien and permit him to operate the account otherwise. Sri Srikanth, the learned counsel for the petitioners, submits that only these three amounts have been marked for lien because of the communication by the second respondent and therefore there is no justification in the Bank freezing the entire account. 2. In response, Sri Varadaraj R Hawaldar, the learned counsel for the first respondent- Bank, - 6 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 invites this Court's attention to the Notice dated 06.05.2025 under Section 94 of BNSS. This notice reads as under: "A case has been registered by Cyber Crime Police Station Thiruvananthapuram City, Kerala based on a complaint received from Mrs. Grace Jacob as Crime No A 08/2025, under Sections 318(4), 319(2), and 3(5) of the BNS and Section 66D of the IT Act and the investigation is being carried out by the undersigned. The case is that an amount of 1,32,61,055/- was fraudulently obtained from the complainant’s bank accounts through an online scam. Investigation so far conducted revealed that the following bank account is involved in committing the offence. For the purpose of investigation, details of the below mentioned bank account is highly inevitable. Hence, it is directed to provide the following details with necessary certifications under Bankers Book of Evidence Act to this station at the earliest. It is also directed Debit Freeze the below mentioned account and to inform the undersigned by return, so as to submit report before the Hon'ble Court" A/c Number: - 7 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 1)30286662158 2) 42318638000 3)42609554264" 3. The fulcrum of the petitioner's case is that if the second respondent has only marked three amounts for lien, the Bank cannot deny the benefit of the account otherwise to him. The petitioner's case is built on a communication dated 10.01.2025, but as observed from the subsequent Notice dated 06.05.2025, the second respondent has mentioned the petitioner's accounts as also other accounts through which a total sum of Rs.1,33,61,055/- has been obtained through an online scam. 4. On the question whether the entire amount in the petitioner's account must be frozen or not, this Court is of the view that if the second respondent is investigating into a scam involving the petitioner's account, then the petitioner must avail remedy before the jurisdictional Magistrate and no - 8 - HC-KAR NC: 2025:KHC:46779 WP No. 25786 of 2025 C/W W.P.No. 20601/2025 relief could be granted in the present petitions. As such, with liberty to avail such remedy, the petitions stand disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV