- 1 - HC-KAR NC: 2026:KHC:18348 WP No. 7329 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7329 OF 2026 (GM-RES) BETWEEN: MR LOKESH S/O MARISHETTARU, AGED ABOUT 44 YEARS, RESIDING AT, NO.06, NETHRAVATHI TENT ROAD, YELACHENAHALLI, BANGALORE SOUTH, J.P NAGAR, BANGALORE SOUTH, BANGALORE, KARNATAKA-560078 &PETITIONER (BY SRI. PAVAN KUMAR, ADVOCATE FOR SRI. AKASH B SHETTY, ADVOCATE) AND: 1. NODAL CYBER CELL OFFICER CYBER CRIME DIVISION, CID HEADQUARTERS, CARLTON HOUSE, PALACE ROAD, BENGALURU-560001, KARNATAKA 2. INDIAN OVERSEAS BANK, REPRESENTED BY THE BRANCH MANAGER INDIAN OVERSEAS BANK, PADMANABHA NAGAR BRANCH, NO.5, GROUND FLOOR, REVENUE LAYOUT, 80 FEET ROAD, PADHMAPUR, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18348 WP No. 7329 of 2026 BANGALORE SOUTH, KARNATAKA- 560078 &RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL. SPP FOR R1 SRI. JAI M PATIL, ADVOCATE FOR R2 (VK NOT FILED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. ISSUE A DIRECTION TO THE RESPONDENT NO.2 BANK TO UNFREEZE THE BANK ACCOUNT OF THE PETITIONER AND PERMIT THE PETITIONER TO USE AND OPERATE HIS BANK ACCOUNT BEARING NO.367701000004123, HAVING IFSC- IOBA0003677 MAINTAINED IN THE INDIAN OVERSEAS BANK, PADMANABHA NAGAR BRANCH, BANGALORE, KARNATAKA. II. GRANT SUCH OTHER AND FURTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is instituted by the petitioner seeking for a direction to respondent No.2/Bank to defreeze the petitioner9s Savings Bank Account bearing No. 367701000004123 having IFSC: IOBA0003677 maintained in the Indian Overseas Bank, Padmanabha Nagar Branch, Bengaluru, Karnataka. - 3 - HC-KAR NC: 2026:KHC:18348 WP No. 7329 of 2026 2. The petitioner is maintaining the aforesaid savings bank account with respondent No.2 3 Bank and it is his salary account. It is the specific case of the petitioner that the said account is actively used for day-to- day financial transactions and the funds therein constitute his primary source of livelihood. It is averred that to the utter shock and surprise of the petitioner, he received a mail from respondent No.2/Bank that his bank account is freezed as per the instructions of Cybercrime Police and lien is marked to an extent of Rs.5,000/-. It is the case of the petitioner that he has not committed any online fraud. 3. This Court has heard the learned counsel appearing for the petitioner, learned Additional SPP and the learned Standing Counsel appearing for respondent No.2 3 Bank. This Court has carefully perused the statement of accounts as well as the material placed on record. On such examination, it is revealed that a sum of Rs.5,000/- alone has been lien marked in the petitioner9s account, which appears to be the amount allegedly - 4 - HC-KAR NC: 2026:KHC:18348 WP No. 7329 of 2026 connected to the said crime. However, notwithstanding the limited extent of the amount involved, respondent No.2 3 Bank, acting upon the communication received from the Investigating Agency, has proceeded to freeze the entire bank account of the petitioner. 4. On consideration of the records, this Court is of the prima-facie view that though respondent No.2 3 Bank was justified in taking cognizance of the communication issued by the Investigating Agency and in contemplating appropriate action, the measure adopted by the Bank in freezing the entire account is excessively harsh, disproportionate and arbitrary. The stand of respondent No.2 3 Bank before this Court is that upon receipt of such communication from the Investigating Officer, it is obligated to freeze the account in its entirety, irrespective of the quantum of the amount involved in the alleged offence. - 5 - HC-KAR NC: 2026:KHC:18348 WP No. 7329 of 2026 5. In the considered opinion of this Court, having regard to the bank statement placed on record, even assuming that the amount allegedly connected to the crime is Rs.5,000/-, the action of respondent No.2 3 Bank in freezing the entire account cannot be sustained as reasonable. Such action has the effect of completely depriving the petitioner of access to his own legitimate funds and has caused serious prejudice to his livelihood and day-to-day financial activities. This Court is therefore of the view that the impugned action requires suitable modification. If the Bank is directed to retain a lien over the said amount of Rs.5,000/- and permit the petitioner to operate the account beyond the said sum, the interest of the Investigating Agency would be adequately safeguarded while simultaneously ensuring that the petitioner is not unduly prejudiced. 6. In view of the foregoing discussion, this Court proceeds to pass the following: - 6 - HC-KAR NC: 2026:KHC:18348 WP No. 7329 of 2026 ORDER (i) The writ petition is hereby allowed; (ii) Respondent No.2 3 Bank shall retain lien over the amount of Rs.5,000/- in accordance with law, while permitting the petitioner to freely operate the account in respect of the remaining balance. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 63