- 1 - HC-KAR NC: 2026:KHC:31940 WP No. 6788 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6788 OF 2026 (GM-RES) BETWEEN: VARGHESE ALENGADAN, AGED ABOUT 74 YEARS, S/O LATE ANTHONY, R/AT A-307, LYBIANA AVILA RESIDENCE, SONAM L/O DODDAGUBBI, BANGALORE KARNATAKA-560077. …PETITIONER (BY SRI SANDEEP C T, ADVOCATE) AND: STATE OF KARNATAKA, BY HENNUR P.S, BANASWADI SUB-DIVISION, BENGALURU EAST DIVISION, REP. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI B.N JAGADEESHA, SPP-I) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO (I) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER, DIRECTION OR APPROPRIATE RELIEF/RELIEFS TO QUASH THE ORDER OF DISMISSAL /REJECTION FOR THE APPLICATION FILED U/S Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31940 WP No. 6788 of 2026 497(1) AND 503 OF BNSS ACT-2023 DATED 10-09-2025 PASSED BY THE XITH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYOHALL UNIT, AT BANGALORE IN CC NO. 66229 /2025 PUNISHABLE FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4) OF BNSS-2023 AND UNDER SECTION 66(C) OF IT ACT-2000, AND ALLOW THE SAME IN FAVOR OF PETITIONER IN VIDE ANNEXURE-A OF THE WRIT PETITION IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 12.02.2026, passed by the XIII Additional City Civil and Sessions Judge, Bengaluru, in Crl.R.P.No.25086/2025, whereby, confirms the order dated 10.09.2025, passed by the XI Additional Chief Judicial Magistrate, Mayohall, Bengaluru, in C.C.No.66229/2025, whereby, an application filed by the petitioner under Sections 497(1) and 503 of the BNSS, seeking defreezement of the account and demarking the lien that is operating on him, comes to be rejected. 2. Heard Sri Sandeep C.T., learned counsel for petitioner and Sri B.N.Jagadeesha, learned State Public Prosecutor – 1 for the respondent. - 3 - HC-KAR NC: 2026:KHC:31940 WP No. 6788 of 2026 3. The petitioner is the complainant, who is said to have lost several amounts of money in a cyber fraud. He registers a complaint before the respondent - Police Station, which becomes a crime in Crime No.146/2025 for the offences punishable under Sections 66C and 66D of the Information Technology Act, 2000 and Section 318(4) of the BNS, 2023. 4. The issue in the lis is not with regard to the aforesaid crime. By the time, the petitioner could register the crime and the freezement of the account could happen, about ₹3,68,00,000/- was transferred by the accused to several accounts, held in several banks. The petitioner then files an application under Sections 497(1) and 503 of the BNSS, before the concerned Court seeking defreezement, demarking the lien on the account of the accused and transfer of the said amount to the account of the petitioner. There were no rival claimants to the amount as the petitioner was admittedly, a victim of the cyber fraud at the hands of the accused. The investigation was still underway. The concerned Court rejects the application in terms of its order dated 10.09.2025. The petitioner challenges - 4 - HC-KAR NC: 2026:KHC:31940 WP No. 6788 of 2026 the order of rejection before the appellate Court in Crl.R.P.No.25086/2025, whereby, the appellate Court confirms the order of rejection in terms of its order dated 12.02.2026. The rejection of the application by the concerned Courts has driven the petitioner before this Court in the subject petition. 5. Learned counsel for the petitioner would demonstrate that the amounts to the tune of nearly ₹3,00,00,000/- that he has lost through cyber fraud, belongs to the petitioner and those amounts are frozen and the lien is marked in few of the banks. Therefore, he seeks a direction for demarking the lien, defreezement of the account and the amounts be transferred to account of the petitioner. 6. Learned State Public Prosecutor – 1 appearing for the State on instructions would submit that the amounts does belong to the victim - petitioner and there is no rival claimant to those amounts. - 5 - HC-KAR NC: 2026:KHC:31940 WP No. 6788 of 2026 7. In that light, the prayer that was sought for by the petitioner before the concerned Court in the application under Sections 497(1) and 503 of the BNSS deserves to be allowed. 8. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The impugned order dated 12.02.2026, passed by the XIII Additional City Civil and Sessions Judge, Bengaluru, in Crl.R.P.No.25086/2025, and the order dated 10.09.2025, passed by the XI Additional Chief Judicial Magistrate, Mayohall, Bengaluru, in C.C.No.66229/2025, stand quashed. c. The application filed under Sections 497(1) and 503 of the BNSS, by the petitioner, stands allowed. d. Respondent – Investigating Officer shall issue a direction to all the concerned banks sought for in the prayer before the concerned Court to defreeze, demark the lien, transfer the amount to the - 6 - HC-KAR NC: 2026:KHC:31940 WP No. 6788 of 2026 petitioner’s account and also take necessary action in the matter, if any. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 7