Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 40232 (KAR)

RAJENDRA SINGH RAJPUROHIT v. KOTAK MAHINDRA BANK

WP/15397/2026 · 2026-09-15

C M Poonacha

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010339852026 NC: 2026:KHC:50284 WP No. 15397 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 15397 OF 2026 (GM-RES) BETWEEN: RAJENDRA SINGH RAJPUROHIT S/O MADANSING RAJPUROHIT, AGED ABOUT 43 YEARS, RESIDING AT NO.48/5, 3RD FLOOR, 5TH MAIN, 4TH CROSS, CHAMARAJPET, BANGALORE, KARNATAKA-560018. …PETITIONER (BY SRI. KEERTHI KRISHNA REDDY.,ADVOCATE) AND: 1. KOTAK MAHINDRA BANK REPRESENTED BY ITS BRANCH MANAGER, NO.10-7, UMIYA LANDMARK, LAVELLE ROAD, NEXT TO CHANCERY, BANGALORE, KARNATAKA-560001 2. GOMITPUR POLICE STATION AHMEDABAD POLICE INSPECTOR(D VRANA), AHMEDABAD, GUJARAT-380021 …RESPONDENTS (BY SRI. SREEDEVI K B, ADVOCATE FOR R1 SRI. PANINI A H, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR - 2 - HC-KAR CNR: KAHC010339852026 NC: 2026:KHC:50284 WP No. 15397 of 2026 DIRECTION DIRECTING THE RESPONDENT NO.1 MAHINDRA KOTAK BANK FORTHWITH DEFREEZE THE PETITIONERS ACCOUNTSSAVINGS ACCOUNT NO.8513422029 AND TO PERMIT THE PETITIONER TO OPERATE AND UTILIZE THE FUNDS THEREIN, SUBJECT ONLY TO MARKING AND MAINTAINING LIEN TO THE EXTENT OF THE SPECIFIC AMOUNTS, IF ANY, THAT ARE DEMONSTRABLY TRACEABLE AS ALLEGED CRIME PROCEEDS IN THE CONCERNED NATIONAL CYBER CRIME REPORTING PORTAL COMPLAINT(S) /FIR(S). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent No.1 -Kotak Mahindra Bank forthwith defreeze the petitioner's Bank accounts savings account No.85134220299 and to permit the petitioner to operate and utilize the funds therein, subject only to marking and maintaining lien to the extent of the specific amounts, if any, that are demonstrably traceable as alleged crime proceeds in the concerned National Cyber Crime Reporting Portal complaint(s)/FIR(s). b) Issue a writ of mandamus or appropriate direction to respondent No.2 - investigating agency to consider the decide, within a time - bound period, a detailed representation that the petitioner proposes to submit who was unaware of any fraudulent transaction and to communicate to respondents No.1 the precise quantum, if any, of funds required to be retained under lien as alleged crime proceeds, that Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010339852026 NC: 2026:KHC:50284 WP No. 15397 of 2026 the banks may confine the lien only to that amount and release the balance. c) Pass such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity, including any further or consequential directions required to ensure that the petitioner's right to meet his day to day financial obligations is not frustrated by disproportionate and procedurally defective freezing the petitioner's bank accounts circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioner submits that pursuant to the interim order dated 19.05.2026 the lien for a sum of Rs.7,088.82/- has been marked and the petitioner is able to operate the Bank account beyond the said lien marked amount of Rs.7,088.82/-. 3. In view of the aforementioned, no further orders are to be passed in the present writ petition. 4. At this stage learned counsel for the petitioner submits that reason for marking of the lien has not been disclosed by respondent No.1. 5. The petitioner is permitted to submit a representation to respondent No.1 as well as to the concerned authority - respondent No.2 with regard to marking of the lien Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010339852026 NC: 2026:KHC:50284 WP No. 15397 of 2026 as noticed above. Upon such representation, the same shall be considered and intimation of such consideration shall be made to the petitioner as expeditiously as possible in any event not later than two weeks from the date of the said representation. 6. The writ petition is disposed of in the aforementioned terms. (C.M. POONACHA) JUDGE PNV List No.: 2 Sl No.: 65 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA