- 1 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, 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. 29349 OF 2025 (GM-RES) C/W WRIT PETITION NO. 28796 OF 2025 (GM-RES) IN W.P.No. 29349/2025 BETWEEN: SURYA ENTERPRISES R/P BY ITS PROPRIETOR SAI PRAJWAL S/O JAYARAM AGE ABOUT 40 YEARS OCC BUSINESS R/A 173/5 5TH MAIN 1ST PHASE OPPOSITE CITY HOSPITAL MANJUNATH NAGAR BENGALORE NORTH BENGALURU KARNATAKA - 560 010. …PETITIONER (BY SRI. RAMESH YANKOB., ADVOCATE FOR SRI. SHIVANINGAPPA NADUVINAMANI.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, AND: THE AXIS BANK REP BY THE BRACH MANAGER MODI HOSPITAL ROAD BRANCH BENGALURU 560010. RESPONDENT (BY SRI. SHANTHI BHUSHAN A/W SRI. P. PRASANNA KUMAR A/W SRI. H.V. BHANUPRAKASH AMICUS CURIAE SMT. JAI M PATIL., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO DEFREEZE THE ACCOUNTS OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK A/C NO. 923020017313917, IFSC CODE UTIB0004290 MAINTAINED IN AXIS BANK, MODI HOSPITAL ROAD BRANCH, BENGALURU-560010. IN W.P.No.28796/2025 BETWEEN: BIKRAM DAS S/O GOPI DAS AGE ABOUT 29 YEARS R/AT VILL BEWA POST - 3 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, BEWA PS MIHIJAM BEWA JAMTARA, JHARKHAND …PETITIONER (BY SRI. RAMESH YANKOB., ADVOCATE FOR SRI. SHIVANINGAPPA NADUVINAMANI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY COMMISSIONER OF POLICE BANGALORE CITY ALI ASKER RD VASANTH NAGAR BENGALURUKARNATAKA 560051 REP BY SPP HIGH COURT OF KARNATAKA. 2. TEH STATE OF KARNATAKA POLICE INSPECTOR HOLALKERE PS CHITRADURGA 577531 REP BY SPP HIGH COURT OF KARNATAKA. 3. THE STATE OF KARNATAKA POLICE INSPECTOR EAST CEN CRIME PS BANGALORE 560001 REP BY SPP HIGH COURT OF KARNATAKA. - 4 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, 4. THE STATE OF KARNATAKA REP BY THE SECRETARY DEPARTMENT OF HOME AFFAIRS AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU 560001. 5. AXIS BANK REP BY THE BRANCH MANAGER AXIS BANK @ JAMTARA, JHARKHAND 815351. …RESPONDENTS (BY SRI. SRI. SHANTHI BHUSHAN A/W SRI. P. PRASANNA KUMAR A/W SRI. H.V. BHANUPRAKASH AMICUS CURIAE SRI. V. SHIVAREDDY., AGA FOR R1 TO R4 SMT. JAI M PATIL., ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A WRIT MANDAMUS BY DIRECTING THE RESPONDENT NO. 5 TO DEFREEZE THE ACCOUNTS OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE ACCOUNT OF PETITIONER BEARING A/C NO.922020059772580, IFSC-UTIB0002852 MAINTAINED IN AXIS BANK JAMTARA, JHARKHAND, BANK INDIA- 815351. - 5 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, 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 petitioners in these petitions seek directions to the respondent-Bank to de-freeze their corresponding accounts and to permit them to operate their bank accounts. This Court has heard not just Sri Ramesh Yankob, the learned counsel who appears on behalf of Sri Shivaningappa Naduvnamani, the learned counsel on record for the petitioners, but also the learned counsel for the respondent-Bank and Sri H.V. Bhanu Prakash, the learned Additional Advocate General, Sri P. Prasanna Kumar and Sri Shanti Bhushan H, the learned amici curiae, who are assisting this Court in disposal of similar matters. - 6 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, 2. The petitioners' common grievance is because the respondent-Bank has frozen their respective accounts. The Bank has frozen their accounts because of communications from the different Police Officers as mentioned in each of these petitions. Sri Ramesh Yankob submits, with the advantage of the arguments that have been advanced on the larger question on whether the account holders must receive due information about the amounts marked for lien on receipt of a complaint, that the grievance of these petitioners would be addressed if this Court disposes of the petitions with directions to the respondent-Bank to limit freezing to the amounts marked for lien by the concerned Police and permit them to operate the accounts beyond the amounts marked for lien. 3. Sri H.V. Bhanu Prakash and Sri Shanthi Bhushan H are categorical that instructions have been issued to all the Banks to limit the de-freezing - 7 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, to the amounts marked for lien and not restrict the account holders from operating the accounts beyond the amounts marked for lien. In fact, Sri H.V. Bhanu Prakash invites this Court's attention to the Circular dated 20.07.2024 and the Standing Order No.1041 dated 18.03.2025 to emphasize that the Police Investigation Authorities within the State have been called upon not to issue any directions to freeze the bank accounts without justifiable reasons and if an account has to be frozen, it should only be to the extent of the suspected transaction. The relevant part of the Circular reads as under: "ಾವೇ ತ ೆ ಸಂಬಂಧ ಆೋತ ವ ಅಥಾ ಇತೆ ಾವೇ ವಗಳ ಅಥಾ ಸಂೆಗಳ ಾಂ ಾ!ೆಗಳ"# ತ ೆ$ೆ ಸಂಬಂ%&ದ (ತ ಜ* ಆ+ದ,"# ಅಥಾ ಇತರ ಸಂದಭ/ಗಳ"# ಈ 1ೆಳ+ನ ಕ4ಮಗಳನು7 ಅನುಸ8ಸತಕ9ದು,. 1) (ದಲ;ೆಯಾ+ ಸ1ಾರಣ>ಲ#ೆ ಾವೇ ಾಂ ಾ!ೆಗಳನು7 ?4ೕ@ Aಾಡತಕ9ದ,ಲ#. ಒಂದು ೇDೆ ?4ೕ@ Aಾಡುವ ಸಂದಭ/ ಬಂದ"# ಸಂಶಾಸFದ (ತ (Lien Amount) ವನು7 Aಾತ4 ?4ೕ@ Aಾಡತಕ9ದು,. ಸಂಪHಣ/ ಾಂ ಾ!ೆಯನು7 ?4ೕ@ Aಾಡತಕ9ದ,ಲ#. - 8 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, 2) ಒಂದು ೇDೆ ಸಂಪHಣ/ ಾ!ೆಯನು7 ?4ೕ@ Aಾಡೇ1ಾದ"# ಸೂಕ ಸಮIಾJK ಮತು ಸ1ಾರಣಗDೆLಂM$ೆ ತಮ$ೆ ಸಂಬಂಧಪಟO ಅಪರ P"ೕQ ಆಯುಕರು ರವ8ಂದ "Rತ ಅನುಮS ಪTೆದು ?4ೕ@ Aಾಡುವದು. 3) ಾವೇ ಾಂ ;ೊಂM$ೆ ಪತ4 ವವUಾರ AಾVಾಗ Bankers Books Evidence Act-1891 ನ"# ೕVರುವ ಸೂಚ;ೆಗಳನು7 ಕTಾXಯಾ+ Yಾಲ;ೆ Aಾಡತಕ9ದು,. 4) ಾವೇ ಾಂ ಾ!ೆಗಳನು7 ಮತು ಾ!ೆಗಳ Lien Amount ಗಳನು7 ?4ೕ@ AಾVದ"#. ಕೂಡ]ೆ ಈ Aಾ^Sಯನು7 ಸಂಬಂಧಪಟO ;ಾಾಲಯ1ೆ9 ಕTಾXಯಾ+ ಸ"#ಸತಕ9ದು,. 5) ಈ ಸು!ೋ]ೆಯನು7 _ೕ8 ವS/ಸುವ ತ ಾ%1ಾ8ಗಳ >ರುದ` ಸUಾಯಕ P"ೕQ ಆಯುಕರು/ ಉಪ P"ೕQ ಆಯುಕರುಗಳb c&ನ ಕ4ಮ1ಾ9+ ವರM ಸ"#ಸತಕ9ದು,." In the light of this, the petitioners seek disposal of these petitions, with a direction to the respondent- Bank to limit the freezing to the amounts marked for lien and this Court is of the view that the petitions, without prejudice to the petitioners' rights, otherwise must be disposed of directing the respondent-Bank to communicate the amounts marked for lien as part of investigation and permit the petitioners to operate the accounts otherwise. As such, the following: - 9 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, ORDER [i] The petitions are disposed of directing the respondent-Bank to communicate to the petitioners the amounts that are marked for lien by the authorities and also permit them to operate the accounts beyond the amounts marked for lien. [ii] The petitioners are reserved with liberty to file a certified copy of this order within two [2] weeks from the date of receipt of a copy of this order and the respondent- Bank shall inform the amounts marked for lien and permit the petitioners to operate the accounts beyond such amounts forthwith. [iii] It is needless to observe that if the authorities for reasons have not marked the amounts to be on lien, the - 10 - HC-KAR NC: 2025:KHC:46779 WP No. 29349 of 2025 C/W WP No. 28796/2025, petitioners must avail their remedy in accordance with law. SD/- (B M SHYAM PRASAD) JUDGE NV List No.: 1 Sl No.: 0