- 1 - HC-KAR NC: 2026:KHC:33257 WP No. 20490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20490 OF 2025 (GM-POLICE) BETWEEN: MANOJ KUMAR MATHIYALAGAN S/O MATHIYALAGAN, AGED ABOUT 31 YEARS, R/AT 78/130, MAIN STREET, MALAIYAMPALAYAM, ERODE - 638 154. …PETITIONER (BY SRI. TAHIR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR POLICE, BCP RAJAJESHWARI NAGAR, BANGALORE 2. STATION HOUSE OFFICER CENTRAL CEN POLICE STATION HALASURGATE SUB-DIVISION BANGALORE. RESPONDENT NO.1 AND 2 REPRESENTED BY GOVERNMENT ADVOCATE OFFICE, ADVOCATED GENERAL OFFICE HIGH COURT COMPLEX, BANGALORE - 560 001. 3. AXIS BANK PERUNDURAI ROAD, EROSW BRANCH Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33257 WP No. 20490 of 2025 TAMILNADU - 683 052. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, SPP-I A/W SMT. HEMALATHA V, AGA FOR R1 AND R2; SRI. FRANCIS XAVIER, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO. 1 AND 2 TO REMOVE THE MARKING LIEN OF THE 1,000,00/- AND 50,000/- RESPECTIVELY IN THE SAVING ACCOUNT OF PETITIONER i.e., A/C NO 917010050494745 OF AXIS BANK, PEUNDURAI ROAD, ERODE BRANCH IN CONNECTION OF CRIME NO. 288/2024 UNDER SECTION 66(C) AND 66(D) OF IT ACT, AND CRIME NO. 616/2024 UNDER SECTION 66(D) OF IT ACT AND SECTION 308/(2) OF BNS AT ANNEXURE -A AND B RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayers: "1. Issue writ of Mandamus directing Respondent no 1 and 2 to remove the marking lien of the 1,000,00/- and 50,000/- respectively in the saving account of petitioner i.e. A/c no 917010050494745 of Axis Bank, Peundurai Road, Erode Branch in - 3 - HC-KAR NC: 2026:KHC:33257 WP No. 20490 of 2025 connect ion of crime no 288/2024 under section 66(c) and 66 (D) of IT act, and crime no 616/2024 under section 66 (D) of IT act and Section 308(2) of Bharatiya Nyaya Sanhita (BNS), 2023, at ANNEXURE A AND B RESPECTIVELY. 2. Pass any other order which this Hon'ble Court deems fit by considering the facts of this Court, in the interest of justice and equity." 2. Heard Sri. Tahir, learned counsel appearing for the petitioner; Sri. B.N. Jagadeesha, learned Special Public Prosecutor - I along with Smt. Hemalatha V., learned Additional Government Advocate appearing for respondents No.1 and 2 and Sri. Francis Xavier, learned counsel appearing for respondent No.3. 3. The prayer that is sought is to demark the lien that is marked upon certain amount in the respondent No.3 -AXIS Bank. 4. The learned Special Public Prosecutor on verification of the records submit that the alleged fraud in the case at hand is to an amount of Rs.33,66,000/- and would further submit that the information is obtaining in law is placed before the jurisdictional Magistrate with regard to the said marking of lien. - 4 - HC-KAR NC: 2026:KHC:33257 WP No. 20490 of 2025 5. In the light of the said submission, the remedy that is available to the petitioner would be filing an application under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 6. Reserving such liberty to knock at the doors of the learned Magistrate with the said application, the petition stands disposed. The petitioner is at liberty to urge all contentions before the concerned Court. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 0