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2026 DAILYLAW 26214 (KAR)

MRS JAYASHREE SATHYANARAYANA v. THE STATE OF KARNATAKA

WP/28446/2025 · 2026-07-02

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33440 WP No. 28446 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. 28446 OF 2025 (GM-RES) BETWEEN: 1. MRS JAYASHREE SATHYANARAYANA W/O.E.V.SATYANARAYANA AGED ABOUT 62 YEARS 2. MR.KULDEEP EREGODU SATHYANARAYANA S/O. E.V.SATYANARAYANA AGED ABOUT 44 YEARS BOTH ARE RESIDING AT NO 41/1, SAPTHAGIRI 5TH MAIN ROAD, OPP. TO HOME TOUCH DEPARTMENTAL STORE GANGA NAGARA EXTENSION RT NAGAR, BANGALORE - 560 032 …PETITIONERS (BY SRI. AKSHATHA SHETTY K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KOTE POLICE STATION SHIVAMOGGA DISTRICT REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. 2. THE RESERVE BANK OF INDIA 10/3/8, OPP ST. MARTHAS, HOSPITAL Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33440 WP No. 28446 of 2025 NRUPUTUNGA ROAD, AMBEDKAR VEEDI, BANGALORE - 560 001 3. BRANCH MANAGER RBL BANK PEENYA BRANCH BANGALORE - 560 058 4. THE BRANCH MANAGER KARNATAKA BANK LTD, NO.26, RMN COMPLEX, HESARGHATTA ROAD, NAGASANDRA POST, BAGALAKUNTE, BANGALORE - 560 073 5. THE BRANCH MANAGER YES BANK, KASTHURBA ROAD, BANGALORE - 560 001 6. THE BRANCH MANAGER STATE BANK OF INDIA, 8TH MAIN ROAD, BHUVANESHWARI NAGAR, T DASARAHALLI POST, BANGALORE - 560 057 …RESPONDENTS (BY SRI. B.N. JAGADEESHA, SPP-I A/W SMT. HEMALATHA V., AGA FOR R1 SRI. PRADEEP SAWKAR, ADVOCATE FOR R2 SRI. AVINASH B.C., ADVOCATE FOR R3 SMT. DIVYA SURENDRA, ADVOCATE FOR R4 SRI. FRANCIS XAVIER, ADVOCATE FOR R5 SRI. MAHAMMED TAHIR, ADVOCATE FOR R6) - 3 - HC-KAR NC: 2026:KHC:33440 WP No. 28446 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-1) DIRECTION AGAINST THE R1 TO ISSUE CLEARANCE TO THE R3 TO 6 TO DEFREEZE THE BANK ACCOUNTS HELD BY THE PETITIONERS IN THEIR RESPECTIVE BANK.2) DIRECTIONS AGAINST THE R3 TO 6 TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONERS VIDE ANNEXURE-A, A1, A2 AND A3.3) TO GRANT COSTS OF THE ABOVE WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 a Writ of Mandamus or any other appropriate Writ in the nature of direction against the Respondent No.1, to issue clearance to the Respondent No.3 to 6, to defreeze the bank accounts held by the Petitioners in their respective bank. 2) Issue a Writ of Mandamus or any other appropriate Writ in the nature of directions against the Respondent No.3 to 6, to consider the representations filed by the Petitioenrs on 2.07.2025 vide Annexure-A, A1, A2 and A3. - 4 - HC-KAR NC: 2026:KHC:33440 WP No. 28446 of 2025 3) To grant such other relief/s as this Hon'ble Court may deem fit in the circumstances of the case in the interest of justice and equity. 4) To grant costs of the above petition." 2. Heard Smt. Akshatha Shetty K., learned counsel appearing for the petitioners; Sri. B.N. Jagadeesha, learned Special Public Prosecutor - I along with Smt. Hemalatha V., learned Additional Government Advocate appearing for respondent No.1; Sri. Pradeep Sawkar, learned counsel appearing for respondent No.2; Sri. Avinash B.C., learned counsel appearing for respondent No.3; Sri. Francis Xavier, learned counsel appearing for respondent No.5 and Sri. Mohammed Tahir, learned counsel appearing for respondent No.6. 3. The petitioners have their account in respondent Nos.3 to 6. In the month of March-2022, the petitioners come to know of their accounts being debit frozen. The communication of such debit freezing of the accounts is admittedly not made to the jurisdictional Magistrate, as obtaining under Section 102(3) of the Code of Criminal Procedure, 1973 ('the Cr.P.C.' for short), this is an admitted - 5 - HC-KAR NC: 2026:KHC:33440 WP No. 28446 of 2025 fact. Notwithstanding the same for the last 4 years, it transpires that the account of the petitioners in all these four banks have been debit frozen. The communication of debit freezing the account has sprung from nowhere in the case at hand. 4. Sri. Francis Xavier, learned counsel appearing for respondent No.5 submits that insofar as YES Bank is concerned, the account is debit frozen on the score that the petitioners have not complied with the Know Your Customer details - KYC details. Be that as it may. 5. Pursuant to the debit freezing of the account, it is the duty of the Investigating Officer, who has directed such debit freezing, if it has been done by the Investigating Officer to report it to the jurisdictional Magistrate as obtaining under Section 102(3) of the Cr.P.C. In the light of admitted non- reporting of the said debit freezing, the order of debit freezing in whatever form it is communicated to the Bank would tumble down. Therefore, the submission of Smt. Akshatha Shetty K. learned counsel merits acceptance. - 6 - HC-KAR NC: 2026:KHC:33440 WP No. 28446 of 2025 6. In that light, the mandamus issues to the respondents- Banks to forthwith defreeze the accounts of the petitioners and permit operation, if everything else is in order. 7. With the aforesaid observation, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 17