- 1 - HC-KAR CNR: KAHC010601022026 NC: 2026:KHC:48005 CRL.P No. 13298 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13298 OF 2026 BETWEEN: GOUTHAM R S/O RAMESH, AGED ABOUT 29 YEARS, RESIDING AT NO. 5 B C, NESAVALAR COLONY, PN PUDDUR, VADAVALLI, COIMBATORE, TAMIL NADU - 641 041. …PETITIONER (BY SMT. KEERTHI REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST CEN CRIME POLICE STATION INVESTIGATED BY CID (CT AND R) REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. NIKHIL THARD, S/O LATE BANWARI LAL THARD, AGED ABOUT 47 YEARS, RESIDING AT NO. 2906, 80 FEET ROAD, HAL 2ND STAGE, Digitally signed by CHETAN B C Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010601022026 NC: 2026:KHC:48005 CRL.P No. 13298 of 2026 KODIHALLI, BENGALURU - 560 008. …RESPONDENTS (BY SMT. DEEPTHI ALVA, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 30.05.2026 PASSED BY THE HONBLE I ACJM COURT REJECTING THE APPLICATION FILED BY THE PETITIONER U/S 497 AND 503 OF BNSS, 2023. 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 prayer: "i) Set-aside the order dated 30.05.2026 passed by the Hon'ble I Additional Chief Judicial Magistrate Court rejecting the application filed by the Petitioner under section 497 and 503 of BNSS, 2023. ii) Direct the Respondent No.1 and HCFC Bank to forthwith remove the temporary hold, debit freeze and lien marking in respect of the Petitioner's Savings Bank Account, bearing Account No.50100078547442. iii) Direct the Respondent No.1 and the HDFC Bank to forthwith remove the temporary hold, debit freeze and lien marking in respect of the Petitioner's Current Account, Bearing Account No.50200060747165. - 3 - HC-KAR CNR: KAHC010601022026 NC: 2026:KHC:48005 CRL.P No. 13298 of 2026 iv) Pass any such other orders as this Hon'ble Court deems fit and necessary, in the interest of justice." 2. Heard Smt. Keerthi Reddy, learned counsel appearing for the petitioner, Smt. Deepthi Alva, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. The issue is with regard to the marking of the lien on the account of the petitioner. The facts would go this way: An amount of Rs.2,98,000/- is deposited into the account of the petitioner from other sources, while the complainant was indulging in online gaming. The said amount is returned by the petitioner to the complainant long ago. Notwithstanding the return of the amount which is an admitted fact, the lien is still marked upon the account of the petitioner. Therefore, the petitioner is before the Court. 4. The petitioner is not drawn as an accused merely because the amount of Rs.2,98,000/- had been deposited into the account of the complainant. In the light of the admitted fact that the amount being handed over to the complainant, the lien - 4 - HC-KAR CNR: KAHC010601022026 NC: 2026:KHC:48005 CRL.P No. 13298 of 2026 that is marked in the account of the petitioner shall forthwith be demarked. The Investigating Officer shall direct so, to be done within an outer limit of two (02) weeks from the date of receipt of the copy of the order. 5. With the aforesaid observation, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE MCR List No.: 2 Sl No.: 62