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2026 DAILYLAW 26075 (KAR)

SYED TAHIR v. KOTAK MAHINDRA BANK

WP/14848/2025 · 2026-07-02

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33476 WP No. 14848 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. 14848 OF 2025 (GM-RES) BETWEEN: 1. SYED TAHIR S/O SYED IRSHAD AHMED, NO.23, 2ND MAIN, TANNERY ROAD, DODDANNA LAYOUT, VENKATESHPURAM, BANGALORE, ARABIC COLLEGE, BENGALURU - 560 045 …PETITIONER (BY SRI. MUHAMMAD SHAMIL, ADVOCATE) AND: 1. KOTAK MAHINDRA BANK NO.44, COLES PINNACLE, COLES ROAD, FRAZER TOWN, BENGALURU - 560 005 2. THE STATE OF KARNATAKA BY CENTRAL DIVISION CEN PS., BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 SRI. B.N. JAGADEESHA, SPP-I A/W SMT. HEMALATHA V., AGA FOR R2) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33476 WP No. 14848 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO UNFREEZE THE ACCOUNT MAINTAINED BY PETITIONER BEARING ACCOUNT NO. 1713973179, GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENT BANK TO TEMPORARILY ACTIVATE THE ACCOUNT OF THE PETITIONER ENABLING HIM TO OPERATE HIS ACCOUNT PENDING DISPOSAL OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINAR HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER There is no representation on behalf of the petitioner. 2. The petitioner is before the Court seeking the following prayers: "a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent bank to unfreeze the account maintained by petitioner bearing account no.1713973179. b. Issue any other appropriate writ, order or direction, as this Honourable Court may deem fit and proper in the facts and circumstances of the case; - 3 - HC-KAR NC: 2026:KHC:33476 WP No. 14848 of 2025 c. And issue such other directions as deemed fit in the facts and circumstances of the present case." 3. The learned Special Public Prosecutor on verification would submit that the alleged fraud involves an amount of Rs.16,00,000/- and the lien that is marked by respondent No.1/Bank is Rs.1,58,470/-. 4. Unless the crime is taken to its logical conclusion and the money trail from the hands of the petitioner is removed, the lien of Rs.1,58,740/- is not an action that is contrary to law. In that light, reserving all liberty to the petitioner to avail of, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 0