- 1 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 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. 29274 OF 2024 (GM-RES) BETWEEN: MR. MITHUN. K. V. S/O VENKATESH K N AGED ABOUT 23 YEARS R/AT NO 11, LAKSHMI NILAYA, RAMESH NAGAR 1ST MAIN ROAD, 8TH CROSS VIMANAPURA BANGALORE - 560037. …PETITIONER (BY SRI. SHRIRAMA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY COMMISSIONER OF POLICE BANGALORE CITY ALI ASKER ROAD, VASANTH NAGAR BENGALURU KARNATAKA - 560051 REPRESENTED BY SPP HIGH COURT OF KARNATAKA. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 2. THE STATE OF KARNATAKA STATION HOUSE OFFICER, WHITEFIELD CEN PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA -560001. 3. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME AFFAIRS AMBEDKAR VEEDHI, VIDHANA SOUDHA BENGALURU - 560001. 4. CANARA BANK LTD REPRESENTED BY THE BRANCH MANAGER, CANARA BANK, P B NO 20 2584-470 BANGALORE DHARWAD ROAD, CHITRADURGA KARNATAKA- 577 501. 5. HDFC BANK LTD REPRESENTED BY THE BRANCH MANAGER HDFC BANK JAGALUR MAHALINGAPPA COMPLEX, B D ROAD, NEAR KSRTC BUS STAND, CHITRADURGA KARNATAKA - 577501. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN A/W SRI. P. PRASANNA KUMAR A/W SRI. H.V. BHANUPRAKASH AMICUS CURIAE SRI.V. SHIVAREDDY, AGA FOR R1 TO R3 SRI. VIGNESH V SHETTY., ADVOCATE FOR R4 SMT. JAI M PATIL., ADVOCATE FOR R5) - 3 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 AND 5 TO DEFREEZE THE ACCOUNTS OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK A/C BEARING NO. 0479101077155, IFSC-CNRB00000479 MAINTAINED IN CANARA BANK LTD, CHITRDURGA AND ANOTHER ACCOUNT BEARING A/C NO. 50100336471328 IFC CODE, HDFC0002566 AT CHITRADURGA KARNATAKA, BANGALORE, KARNATAKA. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 ORAL ORDER The petitioner seeks directions to the respective Banks to de-freeze his corresponding accounts and to permit him to operate his bank accounts. This Court has heard not just Sri Shrirama Adiga, the learned counsel who is on record for the petitioner but also the learned counsels for the respective Banks 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. 2. The petitioner's grievance is because the corresponding Banks have frozen his respective accounts. The Banks have frozen his accounts because of communications from the Police department. Sri Shrirama Adiga 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 - 5 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 amounts marked for lien on receipt of a complaint, that the grievance of this petitioner would be addressed if this Court disposes of the petition with directions to the corresponding Banks to limit freezing to the amounts marked for lien by the concerned Police and permit him 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 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 - 6 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 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 ೆ$ೆ ಸಂಬಂ%&ದ (ತ ಜ* ಆ+ದ,"# ಅಥಾ ಇತರ ಸಂದಭ/ಗಳ"# ಈ 1ೆಳ+ನ ಕ4ಮಗಳನು7 ಅನುಸ8ಸತಕ9ದು,. 1) (ದಲ;ೆಯಾ+ ಸ1ಾರಣ>ಲ#ೆ ಾವೇ ಾಂ ಾ!ೆಗಳನು7 ?4ೕ@ Aಾಡತಕ9ದ,ಲ#. ಒಂದು ೇDೆ ?4ೕ@ Aಾಡುವ ಸಂದಭ/ ಬಂದ"# ಸಂಶಾಸFದ (ತ (Lien Amount) ವನು7 Aಾತ4 ?4ೕ@ Aಾಡತಕ9ದು,. ಸಂಪHಣ/ ಾಂ ಾ!ೆಯನು7 ?4ೕ@ Aಾಡತಕ9ದ,ಲ#. 2) ಒಂದು ೇDೆ ಸಂಪHಣ/ ಾ!ೆಯನು7 ?4ೕ@ Aಾಡೇ1ಾದ"# ಸೂಕ ಸಮIಾJK ಮತು ಸ1ಾರಣಗDೆLಂM$ೆ 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 petitioner seeks disposal of this petition, with a direction to the corresponding Banks to limit the freezing to the amounts marked for - 7 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 lien and this Court is of the view that the petition, without prejudice to the petitioner's rights, otherwise must be disposed of directing the corresponding Banks to communicate the amounts marked for lien as part of investigation and permit the petitioner to operate the accounts otherwise. As such, the following: ORDER [i] The petition is disposed of directing the respective Banks to communicate to the petitioner the amounts that are marked for lien by the authorities and also permit him to operate the accounts beyond the amounts marked for lien. [ii] The petitioner is 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 corresponding Banks shall inform the amounts marked for lien and permit the - 8 - HC-KAR NC: 2025:KHC:46779 WP No. 29274/2024 petitioner 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 petitioner must avail his remedy in accordance with law. Sd/- (B M SHYAM PRASAD) JUDGE NV