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2026 DAILYLAW 45057 (KAR)

SALMAN. N. M. v. UNION OF INDIA

WP/29197/2026 · 2026-10-01

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010641022026 NC: 2026:KHC:54934 WP No. 29197 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29197 OF 2026 (GM-RES) BETWEEN: 1. SALMAN. N. M. AGED ABOUT 27 YEARS S/O MAHAMAD GOUS R/A WARD NO. 20, POWRAKARMIKARA BEEDI, ASHOK NAGAR, PO - BIRUR, CHIKKAMAGALURU - 577116 …PETITIONER (BY SRI. ADEESHA THODTILLAYA M, ADVOCATE FOR SRI. UTSAV GOWDA P. S..,ADVOCATE) AND: 1. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI - 110001 2. HDFC BANK REP BY ITS AUTHORISED SIGNATORY OPP TO INDIAN BANK NEAR PRAKASH SILK KENDRA MG ROAD CHIKMAGALURU 577101 …RESPONDENTS (BY SRI. VINAY VENUGOPAL, CGS PANEL COUNSEL FOR R1 SRI. FRANCIS XAVIER, ADVOCATE FOR R2) - 2 - HC-KAR CNR: KAHC010641022026 NC: 2026:KHC:54934 WP No. 29197 of 2026 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO FORTHWITH DEFREEZE/RELEASE THE PETITIONER'S BANK ACCOUNT BEARING ACCOUNT NO. 50200100113178 MAINTAINED WITH RESPONDENT NO. 2 BANK, AND PERMIT THE PETITIONER TO OPERATE THE SAID ACCOUNT IN THE ORDINARY COURSE. 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 1. The present writ petition is filed seeking for the following reliefs: "a. directing the Respondents to forthwith defreeze/release the Petitioner's bank account bearing Account No. 50200100113178 maintained with Respondent No. 2 Bank, and permit the Petitioner to operate the said account in the ordinary course. b. Grant such other orders as this Hon'ble Court may deem fit in the interest of justice and equity. c. Allow this Writ Petition." 2. The petitioner aggrieved by the action of the respondent- Bank in freezing the bank account of the petitioner, this Court by order dated 23.09.2026 ordered as under: Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010641022026 NC: 2026:KHC:54934 WP No. 29197 of 2026 ”Sri Vinay Venugopal, learned counsel is requested to take notice for respondent No.1. 2. Sri Francis Xavier, learned counsel is requested to take notice for respondent No.2. 3. The learned counsel for the petitioner to serve sufficient copies of the writ petition papers on the aforementioned learned counsel within one day. 4. Learned counsel for the petitioner seeking grant of interim relief submits that the account of the petitioner has been put on hold up to sum of Rs.10,00,000/- pursuant to communication dated 03.08.2026 (Annexure-H to the writ petition) issued by the respondent bank. It is further submitted that after filing of the present petition, the petitioner has received a communication dated 15.09.2026 issued by the second respondent-bank, intimating that a sum of Rs.6,72,284.44/- would be transferred from the account of the petitioner. A copy of the said communication dated 15.09.2026 is placed on record by the learned counsel for the petitioner along with a memo. The same is taken on record. 5. Learned counsel for the petitioner submits that the balance amount available in the account of petitioner as on date is sum of Rs.6,70,284/-. 6. In view of the aforementioned, the second respondent shall not transfer any amount from the bank account of the petitioner bearing No.5020010013178 till the next date of hearing. 7. Re-list on 25.09.2026. 8. This order shall be uploaded online and the concerned authorities shall act upon the same upon production of the copy of the uploaded order." Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010641022026 NC: 2026:KHC:54934 WP No. 29197 of 2026 3. Learned counsel for respondent-Bank has filed a memo placing on record that the communication dated 15.09.2026 i.e., issued to the petitioner by the respondent - Bank was consequent to the intimation the respondent - Bank received of an order dated 07.09.2026 passed by the Court of I Addl. Junior Civil Judge Cum IX Additional Judicial Magistrate of First Class Kukatpally, Cyberabad1 whereunder pursuant to an application filed by one Sri K. Bhaskar Rao who was stated to be a victim of cyber fraud, the Magistrate Court had directed the respondent-Bank to pay a sum of `6,70,284.44/-. It is further submitted that the cyber complaint i.e., lodged by the victim was complaining regarding a transaction of `10 lakhs which was transferred to the account of the petitioner, out of a total sum of `1.7 crore which was the subject matter of the complaint made by the said victim of cyber fraud. 4. Learned counsel for the respondent-Bank submits that although the debit freezing of account of the petitioner was a sum of `10 lakhs since only a sum of `6,74,284.44/- was available in the account of the petitioner, the same was ordered 1 Hereinafter referred to as 'Magistrate Court' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010641022026 NC: 2026:KHC:54934 WP No. 29197 of 2026 to be transferred by the Magistrate Court which is to be complied with by the respondent-Bank. 5. In view of the aforementioned factual matrix, the relief sought for by the petitioner in the present petition does not merit consideration. Accordingly, the present writ petition stands dismissed. 6. The present order will not preclude the petitioner from approaching the competent Court and availing the appropriate remedies. (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 45 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA