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2026 DAILYLAW 26792 (KAR)

SRI OM PRAKASH v. STATE OF KARNATAKA

WP/20967/2025 · 2026-07-02

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33431 WP No. 20967 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. 20967 OF 2025 (GM-RES) BETWEEN: 1. SRI OM PRAKASH AGED ABOUT 56 YEARS, S/O. SHRI. NATHURAM, RESIDING AT ODHAN (204), SIRSA, HARYANA - 125 077 …PETITIONER (BY SRI. ABISHEK N.N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOUTH CEN POLICE STATION, SOUTH DIVISION, BENGALURU - 560 070, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001 2. SHRI. PRADEEP T L, AGED ABOUT 31 YEARS, S/O. SHRI. LAKSHMAN KUMAR, NO.904, 24TH CROSS, 1ST STAGE, KUMARASWAMY LAYOUT, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33431 WP No. 20967 of 2025 BENGALURU - 560 078 3. AXIS BANK LTD A BANKING COMPANY CARRYING ON THE BANKING BUSINESSES UNDER THE BANKING REGULATIONS ACT 1949 HAVING ITS OFFICE AT: SIRSA DISTRICT SIRSA, HARYANA - 125 077 REPRESENTED BY ITS AUTHORIZED PERSON …RESPONDENTS (BY SRI. B.N. JAGADEESHA, SPP-I A/W SMT. HEMALATHA V., AGA FOR R1 R2 - SERVED SRI. FRANCIS XAVIER, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT POLICE TO DEFREEZE THE ACC BEARING NO. 922030050848366 IFSC CODE NO. UTIB0002347 AXIS BANK ODHAN SIRSA DIST BRANCH HARYANA OF THE PETITIONER FOR ITS DAY TO DAY OPERATION OF THE SAID ACCOUNT ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:33431 WP No. 20967 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court seeking the following prayers. A) Kindly issue writ of Mandamus by directing the Respondent Police to Defreeze the Account Bearing No.922030050848366 IFSC Code No.UTIB0002347, Axis Bank, Odhan, Sirsa District Branch, Haryana of the petitioner for its day to day operation of the said account and B) Grant such other relief's as this Hon'ble Court deems fit in the circumstance of the case, in the interest of justice and equity." 2. Heard Sri. Abishek N.N., 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 respondent No.1 and Sri. Francis Xavier, learned counsel appearing for respondent No.3. 3. The petitioner gets embroiled in a crime for offences punishable under Sections 419, 420 of the Indian Penal Code, 1860 and Sections 66(c) and 66(d) of the Information Technology Act. Pursuant to the registration of the crime, it transpires that a communication is sent to freeze the - 4 - HC-KAR NC: 2026:KHC:33431 WP No. 20967 of 2025 account of the petitioner. The petitioner files an application under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 before the concerned Court. The concerned Court directs de-freezement of the account. After the de-freezement comes the second round of freezing of the account of the petitioner. 4. The learned counsel appearing for the petitioner submits that without there being any transaction, the order of freezement has come about. In that light, the learned counsel seeks quashment of the order of freezement and directing operation of the account. 5. The learned Special Public Prosecutor on verification of the records would submit that further transactions have in fact taken place to the tune of Rs.2,31,250/- and would submit that the act of freezment of the account cannot be challenged on the score that there is admittedly a fraud that has happened to the aforesaid amount. 6. If the amount involved is Rs.2,31,250/-, the entire account need not be frozen. The Bank shall mark a lien on the - 5 - HC-KAR NC: 2026:KHC:33431 WP No. 20967 of 2025 said amount and permit normal operation of the account of the petitioner. 7. With the aforesaid observation, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 0