- 1 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 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. 7371 OF 2026 (GM-RES) BETWEEN: 1. SRI ROHIT RANA S/O SANJEEV KUMAR, AGED ABOUT 27 YEARS, RESIDING AT, 126/3 PRIDE CITY, GURU TEJ BAHADUR NAGAR, NEAR SHIVJOT ENCLAVE, KHARAR, SAS NAGAR (MOHALI), PUNJAB-140301 &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 E-MAIL CYBERCRIMENODAL@KSP.GOV.IN 2. HDFC BANK, REPRESENTED BY, THE BRANCH MANAGER HDFC BANK, RGA TECH PARK Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 SURVEY NO. 31/1, CHIKKAKANNELLI VILLAGE, SARJAPUR MAIN ROAD, VARTHUR HOBLI BANGALORE, KARNATAKA- 562125 &RESPONDENTS (BY SMT. PUSHPALATHA D., 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 ISSUE DIRECTION TO THE RESPONDENT BANK TO UNFREEZE THE BANK ACCOUNT OF THE PETITIONER AND PERMIT THE PETITIONER TO USE AND OPERATE HIS BANK ACCOUNT BEARING NO. 50100436444451 HAVING IFSC HDFC0009406 MAINTAINED IN THE HDFC BANK RGA TECH PART BRANCH BANGALORE KARNATAKA. 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 issuance of a writ in the nature of mandamus directing respondent No.2 3 HDFC Bank to defreeze the bank account of the petitioner and permit the petitioner to use and operate his bank account bearing No.50100436444451 having IFSC:HDFC0009406. - 3 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 2. The petitioner is maintaining the aforesaid Savings Bank Account with respondent No.2 3 HDFC Bank. It is the specific case of the petitioner that the said account is regularly operated and is integrally connected to his day-to-day financial transactions, constituting his primary source of livelihood. The petitioner asserts that, to his utter shock and surprise, he received an electronic communication intimating that his account had been frozen and a lien to the extent of Rs.48,493/- had been marked, purportedly pursuant to instructions issued by the Ministry of Home Affairs. It is the categorical contention of the petitioner that he has not indulged in any form of online fraud or unlawful activity. It is further averred that no prior notice, intimation, or opportunity of hearing was extended to him by the respondent-police before resorting to such coercive action. The petitioner contends that the freezing of the account, without disclosure of reasons or supporting material, has caused severe hardship, adversely impacting his ability to sustain himself. It is - 4 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 specifically urged that there is no oral or documentary material available on record to establish any nexus or live link between the petitioner and the alleged offence under investigation. 3. This Court has heard the learned counsel appearing for the petitioner, the learned Additional State Public Prosecutor appearing for the respondent-State, and the learned Standing Counsel appearing for respondent No.2 3 Bank. This Court has meticulously perused the pleadings, the statement of accounts, and the material placed on record. Upon such consideration, it is discernible that a sum of Rs.48,493/- alone has been subjected to lien marking in the petitioner9s account, which, according to the respondents, represents the amount allegedly connected to the offence under investigation. However, notwithstanding the limited quantum of the said amount, respondent No.2 3 Bank, acting upon the communication received from the Investigating Agency, has proceeded to - 5 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 freeze the petitioner9s account in its entirety, thereby disabling all financial operations therein. 4. On a careful consideration of the material available on record, this Court is of the prima facie opinion that though respondent No.2 3 Bank was justified in taking cognizance of the communication issued by the Investigating Agency and in initiating necessary action in aid of investigation, the measure adopted in freezing the entire bank account of the petitioner is manifestly excessive, disproportionate, and arbitrary. The submission made on behalf of respondent No.2 3 Bank that it is bound to freeze the account in its entirety upon receipt of such communication from the competent authority, irrespective of the quantum involved, cannot be accepted in its absolute terms. Such an interpretation would result in serious civil consequences, including deprivation of access to legitimate funds, without any adjudicatory determination or proportional assessment. - 6 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 5. In the considered view of this Court, even assuming that the amount allegedly connected with the offence is Rs.48,493/-, the action of freezing the entire account of the petitioner is neither reasonable nor proportionate to the object sought to be achieved. Such action has the effect of completely paralyzing the financial autonomy of the petitioner and impinges upon his right to livelihood. The doctrine of proportionality, which is now a well-recognized facet of administrative action, mandates that the measures adopted by authorities must be commensurate with the purpose sought to be achieved. In the present case, the ends of justice would be adequately met if the respondent-Bank is permitted to retain a lien over the said amount of Rs.48,493/- while allowing the petitioner to operate the account in respect of the remaining balance. Such a course would sufficiently safeguard the interest of the Investigating Agency, while at the same time ensuring that the petitioner is not subjected to undue hardship. - 7 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed; (ii) Respondent No.2 3 HDFC Bank is directed to forthwith defreeze the petitioner9s Savings Bank Account bearing No.50100436444451, having IFSC: HDFC0009406; (iii) Respondent No.2 3 Bank is at liberty to retain lien over a sum of Rs.48,493/- (Rupees Forty-Eight Thousand Four Hundred and Ninety-Three only), in accordance with law; (iv) The petitioner shall be permitted to freely operate the said account in respect of the balance amount, without any restriction; - 8 - HC-KAR NC: 2026:KHC:18349 WP No. 7371 of 2026 (v) It is made clear that the present order shall not preclude the respondent-Investigating Agency from proceeding further in accordance with law, nor shall it be construed as an expression on the merits of the case. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 64