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2026 DAILYLAW 16483 (KAR)

SMT K M LAKSHMI @ VISHALAKSHI v. THE STATE OF KARNATAKA

WP/13880/2026 · 2026-04-29

Sachin Shankar Magadum

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24105 WP No. 13880 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.13880 OF 2026 (GM-RES) BETWEEN: SMT.K.M.LAKSHMI @ VISHALAKSHI W/O LATE K.MANJAPPA AGED ABOUT 46 YEARS R/AT 634, J.H.PATEL BADAVANE SHAMANURU, DAVANAGERE DISTRICT DAVANAGERE-577004 …PETITIONER (BY SRI. SHRIDHAR NARAYAN HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY SUPERINTENDENT OF POLICE CYBER CRIME POLICE STATION DAVANAGERE -577004 3. THE POLICE SUB INSPECTOR C.E.N CYBER CELL POLICE STATION DAVANAGERE - 577004 4. THE MANAGING DIRECTOR & CEO CANARA BANK HEAD OFFICE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24105 WP No. 13880 of 2026 AT NO.112, J.C ROAD NAGARATHPET BENGALURU - 560002 5. THE BRANCH MANAGER CANARA BANK SIDDAVEERAPPA BADAVANE DAVANAGERE -577004 …RESPONDENTS (BY SRI.ADITHYA DIWAKAR, AGA FOR R.1 TO R.3; SRI.VIGNESH SHETTY, ADVOCATE FOR R.4 AND R.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT CANARA BANK TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 23.02.2026 PRODUCED AT ANNX-E AND F AND DIRECT THE RESPONDENT CANARA BANK TO DE-FREEZE THE ACCOUNT OF THE PETITIONER A/C NO.110084977449 IN CANARA BANK SIDDAVEERAPPA BADAVANE BRANCH DAVANAGERE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed by the petitioner seeking issuance of a writ in the nature of mandamus directing respondent No.5–Bank to defreeze the - 3 - HC-KAR NC: 2026:KHC:24105 WP No. 13880 of 2026 petitioner’s Savings Bank Account bearing No.110084977449, which has been subjected to debit freeze pursuant to a communication issued by respondent No.3. 2. The petitioner, a 46-year-old homemaker, is aggrieved by the action of respondent No.5 – Bank in placing a debit freeze on her account. It is the specific grievance of the petitioner that the said action has been taken mechanically, without due application of mind, solely on the basis of a communication received from respondent No.3, thereby rendering the petitioner incapable of operating her bank account for her day-to-day needs. 3. This Court has carefully perused the material on record, particularly Annexure-B, which pertains to the complaint lodged in relation to an alleged fraudulent transaction. A perusal of the same would indicate that the Investigating Officer has quantified the alleged proceeds of crime to a sum of ₹5,000/- and has accordingly lien - 4 - HC-KAR NC: 2026:KHC:24105 WP No. 13880 of 2026 marked the said amount. In that view of the matter, the action of respondent No.5 – Bank in imposing a debit freeze on the entire account, instead of restricting the freeze to the extent of the alleged amount involved, appears to be wholly disproportionate, arbitrary, and unreasonable. Such an action results in undue hardship to the petitioner and cannot be sustained in law. 4. In light of the aforesaid facts and circumstances, this Court is of the considered opinion that the ends of justice would be met by directing partial defreezing of the petitioner’s account, while safeguarding the interest of the investigation to the limited extent of the amount in question. 5. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is hereby allowed; (ii) Respondent No.5 – Bank is directed to forthwith consider the representation dated - 5 - HC-KAR NC: 2026:KHC:24105 WP No. 13880 of 2026 23.02.2026 submitted by the petitioner, produced at Annexures-E and F, and take immediate steps to defreeze the petitioner’s Savings Bank Account bearing No.110084977449; (iii) It is, however, made clear that respondent No.5 – Bank is at liberty to retain lien over a sum of ₹5,000/- (Rupees Five Thousand only), in accordance with law, having regard to the alleged amount involved in the subject transaction; (iv) Subject to such lien being retained, the petitioner shall be permitted to freely operate the account in respect of the remaining balance; (v) The aforesaid exercise shall be completed by respondent No.5 – Bank within a period of two (2) weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 31