- 1 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.6813 OF 2026 (GM-RES) BETWEEN: MR.SANTHOSH K AGED 36 YEARS S/O LATE KESHAVAN RESIDING AT NO.971 2ND MAIN, M.C.LAYOUT GOVINDRAJANAGAR BENGALURU - 560 040 …PETITIONER (BY SRI. SIJI MALAYIL, ADVOCATE) AND: 1. HDFC BANK INDIRA NAGAR BRANCH NO.327-328, KP HEIGHTS 80 FEET ROAD, HAL 2ND STAGE INDIRA NAGAR BENGALURU - 560 040 REPRESENTED BY ITS BRANCH MANAGER 2. THE STATION HOUSE OFFICER POLICE STATION CYBER MANESAR GURUGRAM HARAYANA - 122 052 …RESPONDENTS (BY SMT.JAI M PATIL, ADVOCATE FOR R.1; SMT.NAVYA SHEKHAR, AGA FOR R.2) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.1 - HDFC BANK, THIPPASANDRA BRANCH TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 23-01-2026 (ANNEXURE-C) AND CONSEQUENTLY TO DEFREEZE THE PETITIONERS SAVINGS BANK ACCOUNT BEARING NO.08321000028350, REMOVE THE WRONGFUL NEGATIVE BALANCE OF RS.48,787/-, AND PERMIT THE PETITIONER TO OPERATE THE SAID ACCOUNT FORTHWITH 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 instituted by the petitioner seeking issuance of a writ in the nature of mandamus directing respondent No.1 – HDFC Bank to consider the representation dated 23.01.2026 submitted by the petitioner and consequently to defreeze the petitioner’s Savings Bank Account bearing No. 08321000028350. The petitioner further seeks a direction - 3 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 to remove the wrongful negative balance of ₹48,787/- reflected in the said account and to permit the petitioner to operate the account without any restrictions. 2. The petitioner, who is a Hardware Engineer by profession, is maintaining the aforesaid savings bank account with respondent No.1 – Bank. It is the specific case of the petitioner that the said account is actively used for day-to-day financial transactions and the funds therein constitute his primary source of livelihood as well as for carrying on his professional and business activities. It is averred that on 19.01.2026, to the utter shock and surprise of the petitioner, he discovered that his bank account had been frozen. Upon enquiry, the petitioner was orally informed by the officials of respondent No.1 – Bank that the freezing of the account was pursuant to a communication received in connection with Crime Acknowledgment No.21112250032870 relating to an alleged online fraud. - 4 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 3. This Court has heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for respondent No.1 – Bank. The Court has carefully perused the statement of accounts as well as the material placed on record. On such examination, it is revealed that a sum of ₹728.06/- alone has been lien marked in the petitioner’s account, which appears to be the amount allegedly connected to the said crime. However, notwithstanding the limited extent of the amount involved, respondent No.1 – Bank, acting upon the communication received from the Investigating Agency, has proceeded to freeze the entire bank account of the petitioner. 4. On consideration of the records, this Court is of the prima-facie view that though respondent No.1 – Bank was justified in taking cognizance of the communication issued by the Investigating Agency and in contemplating appropriate action, the measure adopted by the Bank in freezing the entire account is excessively harsh, - 5 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 disproportionate and arbitrary. The stand of respondent No.1 – Bank before this Court is that upon receipt of such communication from the Investigating Officer, it is obligated to freeze the account in its entirety, irrespective of the quantum of the amount involved in the alleged offence. 5. In the considered opinion of this Court, having regard to the bank statement placed on record, even assuming that the amount allegedly connected to the crime is ₹728.06/-, the action of respondent No.1 – Bank in freezing the entire account cannot be sustained as reasonable. Such action has the effect of completely depriving the petitioner of access to his own legitimate funds and has caused serious prejudice to his livelihood and day-to-day financial activities. This Court is therefore of the view that the impugned action requires suitable modification. If the Bank is directed to retain a lien over the said amount of ₹728.06/- and permit the petitioner to operate the account beyond the said sum, the interest of - 6 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 the Investigating Agency would be adequately safeguarded while simultaneously ensuring that the petitioner is not unduly prejudiced. 6. In view of the foregoing discussion, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed; (ii) Respondent No.1 – HDFC Bank is directed to consider the representation dated 23.01.2026 (Annexure-C) submitted by the petitioner and take appropriate steps to defreeze the petitioner’s Savings Bank Account bearing No.08321000028350 forthwith; (iii) Respondent No.1 – Bank shall further remove the wrongful negative balance of ₹48,787/- reflected in the said account; (iv) It is open to respondent No.1 – Bank to retain lien over the amount of - 7 - HC-KAR NC: 2026:KHC:17950 WP No. 6813 of 2026 ₹728.06/- in accordance with law, while permitting the petitioner to freely operate the account in respect of the remaining balance. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 58