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2026 DAILYLAW 44171 (KAR)

SRI.GOPAL KRISHNA B.R. v. COMMISSIONER OF POLICE

WP/20444/2026 · 2026-09-30

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010454572026 NC: 2026:KHC:54503 WP No. 20444 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 20444 OF 2026 (GM-POLICE) BETWEEN: 1. SRI.GOPAL KRISHNA B.R. AGED ABOUT 62 YEARS, S/O. RAMAIAH BALAGERE, RESIDING AT NO.3, WARD NO. 149 BALAGERE MAIN ROAD, NEXT TO GOVT. SCHOOL BALAGERE, VARTHUR, BENGALURU - 560 087 2. SRI. CHITRAKASH B.G. AGED ABOUT 21 YEARS, S/O. GOPAL KRISHNA B.R, RESIDING AT NO.3,WARD NO. 149 BALAGERE MAIN ROAD, NEXT TO GOVT. SCHOOL BALAGERE, VARTHUR, BENGALURU - 560 087 …PETITIONERS (BY SRI. IRSHAD AHMED K.,ADVOCATE) AND: 1. COMMISSIONER OF POLICE INFANTRY ROAD, BENGALURU 560 001 2. DEPUTY COMMISSIONER OF POLICE, WHITEFIELD MAIN ROAD, RUSTAMJEE LAYOUT, - 2 - HC-KAR CNR: KAHC010454572026 NC: 2026:KHC:54503 WP No. 20444 of 2026 VINAYAKA LAYOUT, WHITEFIELD BENGALURU 560 066 3. POLICE SUB INSPECTOR, VARTHUR POLICE STATION BENGALURU CITY - 560 087 4. MR. VENUGOPAL REDDY N. MANAGING PARTNER OF M/S. NVR DEVELOPERS PARTNERSHIP FIRM HAVING ITS OFFICE AT NO. 55, 3RD FLOOR, ROOM NO.6 SAPTHAGIRI LAYOUT, BELATHUR COLONY, KADUGODI POST, BANGALORE - 560 067 5. THE BANK MANAGER CANARA BANK GUNJUR BRANCH BENGALURU 560 087 6. THE BANK MANAGER BANK OF INDIA RICHMOND TOWN (C AND P) BRANCH BENGALURU 560 025 7. THE BANK MANAGER KARNATAKA BANK, GUNJUR BRANCH, BENGALURU - 560 087 …RESPONDENTS (BY SRI. HARISHA A S, AGA FOR R1 TO R3 MS. KEERTHI KRISHNA REDDY, ADVOCATE FOR R4 SRI. T.P MUTHANNA, ADVOCATE FOR R5 SRI. MOHAMMAD IBRAHIM, AGA FOR R6 MS. DIVYA PURANDAR, ADVOCATE FOR R7(VK NOT FILED)) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE - 3 - HC-KAR CNR: KAHC010454572026 NC: 2026:KHC:54503 WP No. 20444 of 2026 NOTICES ISSUED BY THE RESPONDENT NO.3 TO FREEZE THE ACCOUNT OF THE PETITIONER NO. 1 AND 2 A) ACC. BEARING NO. 04892010004999 CANARA BANK, GUNJUR BRANCH, BANGALORE, IFSC CODE NO. CNRB0007779 AND B) ACC. BEARING NO. 840910310000158 BOI BANK, RICHMOND TOWN (C AND P BRANCH), BANGALORE-25, IFSC CODE NO. BKID0008409. AND THE ACCOUNT OF THE PETITIONER NO. 2 C) ACC. BEARING NO. 2332500100205301 KARNATAKA BANK, IFSC CODE NO. KARB0000979. D) ACC. BEARING NO. 0979202400002101 KARNATAKA BANK, GUNJUR CBS BRANCH, BANGALORE, IFSC CODE NO. KARB0000979. AS PER ANNEXURE - A AND B. AND DIRECT THE BANK TO ALLOW THE PETITIONERS NO.1 AND 2 TO OPERATE THE RESPECTIVE ACCOUNTS AND UNFREEZE THE BANK ACCOUNT AS STATED ABOVE. 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, set aside the notices issued by the Respondent No.3 to freeze the account of the Petitioner No. 1 and 2 a) Acc. bearing No. 04892010004999 Canara Bank, Gunjur Branch, Bangalore, IFSC code No. CNRB0007779 and b) Acc. bearing No. 840910310000158 BOI Bank, Richmond town (C & P Branch), Bangalore-25, IFSC code No. BKID0008409. And the account of the Petitioner No. 2 c) Acc. bearing No. 2332500100205301 Karnataka Bank, IFSC code No. KARB0000979. d) Acc. bearing No. 0979202400002101 Karnataka Bank, Gunjur CBS Branch, Bangalore, IFSC Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010454572026 NC: 2026:KHC:54503 WP No. 20444 of 2026 code No KARB0000979. As per ANNEXURE - A & B Dated 10-6-2026 and 21-6-2026 and direct the bank to allow the Petitioners No.1 and 2 to operate the respective accounts and unfreeze the bank account as stated above." 2. It is forthcoming that the petitioners are seeking to set aside the notices dated 10.06.2026 and notice 21.06.2026 (Annexures A and B to the writ petition). The said notices are issued by the police authorities to the bank under Sections 94 and 106 of the Bharatiya Nagarik Suraksha Sanhita, 20231, and Section 2A of the Bankers Book of Evidence Act,2026 to Lien freeze the bank accounts mentioned therein. 3. The learned AGA submits that the investigation has been completed and the charge sheet has been filed. 4. Learned counsel for the private respondent placing reliance on the judgment of the Co-ordinate Bench of this Court in the case of State of Karnataka Vs. Jar Gold Retail Private Ltd.,2 submits that the petitioners have to avail their remedies before the appropriate forum. 1 Hereinafter referred to as 'BNSS' 2 Crl.P.No.5929/2026 with connected cases order dt. 10.08.2026 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010454572026 NC: 2026:KHC:54503 WP No. 20444 of 2026 5. It is forthcoming that the accounts that have been frozen, which is sought to be impugned in the proceedings pursuant to notices issued by the police authorities as noticed above. The investigation having been completed and the charge sheet having been filed, the petitioners are to avail their remedies before the appropriate forum. The scope and ambit of the exercise of the power under Section 106 of BNSS Act, as held by this Court in the case of Jar Gold Retail Private Ltd.,2 would clearly disentitle the petitioner, from the reliefs sought for in the present petition. Accordingly, the present petition stands dismissed. 6. This order will not preclude the petitioners from availing such other remedies as may be permissible under law. 7. Pending IAs., if any, also stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 45 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA