- 1 - HC-KAR NC: 2026:KHC:518 WP No. 9144 of 2020 C/W WP No. 10074 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 9144 OF 2020 (GM-RES) C/W WRIT PETITION NO. 10074 OF 2020 (GM-RES) IN WP No. 9144/2020 BETWEEN: GOPAL SUNKU AGED ABOUT 64 YEARS, S/O LATE S GUNDIAH SETTY NO. 298/D, 7TH MAIN ROAD, JAYANAGAR, 4TH BLOCK, BANGALORE - 560 011. …PETITIONER (BY SRI. CHANDRASHEKARA K.,ADVOCATE) AND: 1. THE DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT BANGALORE ZONAL OFFICE 3RD FLOOR, B BLOCK, BMTC-TTMC BUILDING K.H.ROAD, SHANTHINAGAR BANGALORE - 560 027. 2. CENTRAL BANK OF INDIA BASAVANGUDI BRANCH, NO.22, 1 FLOOR, V.C.COMPLEX, DR D V G ROAD, BASAVANGUDI Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:518 WP No. 9144 of 2020 C/W WP No. 10074 of 2020 BANGALORE - 560 004 BY ITS MANAGER. …RESPONDENTS (BY SRI.UNNIKRISHNAN M., CGC FOR R1; SRI. ESHWAR PRASAD., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL ASSESSMENT ORDER NO.02/2020 DATED 12.03.2020 (ANNEXURE-A) BY THE R-1 AS ILLEGAL AND ABINITIO VOID AND ETC. IN WP NO. 10074/2020 BETWEEN: CENTRAL BANK OF INDIA BASAVANANGUDI BRANCH, DR D V G ROAD, BENGALURU-560 004 REP BY IT'S CHIEF MANAGER SRI. S. SIVA SANKARAN. ...PETITIONER (BY SRI. EASHWAR PRASAD B.,ADVOCATE) AND: DIRECTORATE OF ENFORCEMENT BENGALURU ZONAL OFFICE 3RD FLOOR, B BLOCK, BMTC SHANTINAGAR-TTMC K H ROAD, SHANTINAGAR BENGALURU-560 027 REPRESENTED BY ITS DEPUTY DIRECTOR SHRI SRIYUTH RAHUL SINHA. ...RESPONDENT (BY SRI.UNNIKRISHNAN M., CGC) - 3 - HC-KAR NC: 2026:KHC:518 WP No. 9144 of 2020 C/W WP No. 10074 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROVISIONAL ATTACHMENT ORDER NO.02/2020 ON THE FILE OF THE RESPONDENT DATED 12.03.2020 IN TERMS OF PREVENTION OF MONEY LAUNDERING ACT (PMLA) PRODUCED HEREIN AS ANNEXURE-C AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Sri. Unnikrishnan M, learned CGC undertakes to appear for sole respondent in W.P.No.10074/2020. 2. W.P.No.9144/2020 is filed questioning the legality or otherwise of the Provisional Order of Attachment dated 12.03.2020 passed by respondent No.1 under the provisions of Prevention of Money Laundering Act, 2002 (PMLA Act). The basis of passing the said order is registration of FIR in R.C.No.24(A)/2016- CBI/ACB/Bangalore on 05.12.2016 for the offences punishable under Section 120B r/w Sections 420, 419 of IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 for the suspected offences of criminal conspiracy, cheating and criminal misconduct by public servant. - 4 - HC-KAR NC: 2026:KHC:518 WP No. 9144 of 2020 C/W WP No. 10074 of 2020 3. The impugned order proceeds based on the allegations made in the said complaint and on the assumption of involvement of money transaction attracting provisions of the PMLA Act resulting in passing of the impugned order of attachment of the properties referred to in Schedule 'A' therein. 4. Learned counsel for the petitioner at the outset, refers to a memo dated 24.01.2024 and the Order dated 17.10.2023 enclosed therewith passed in Special Case No. 849/2018 on the file of XXI Additional City Civil and Sessions Judge and Principal Special Judge of CBI cases, Bengaluru and submits that the petitioner herein had filed an application under Section 227 r/w Section 239 of Cr.PC and the Special judge for the CBI cases, by the said order dated 17.10.2023, while allowing the said application filed by the petitioner herein/accused No.2, has discharged them for the offences punishable under Section 120B r/w Sections 420, 419 of IPC and Section 13(2), r/w Section 13(1)(d) of the Prevention of Corruption Act, and has set them at liberty. In that view of the matter, he submits that the order of attachment does not stand - 5 - HC-KAR NC: 2026:KHC:518 WP No. 9144 of 2020 C/W WP No. 10074 of 2020 and the same required to be quashed. He also refers to the judgment of the Apex Court in the case of VIJAY MADANLAL CHOUDHARY AND OTHERS VS. UNION OF INDIA AND OTHERS reported in 2022 SCC Online SC 929 and referring to paragraph 467(d) thereof contends that in the light of petitioners having been discharged by the Order passed by the Special Court, there cannot be any allegation of commission of offence of money laundering against them. Consequently, order of Attachment impugned in this petition shall also go. 5. Sri. Unnikrishnan M, learned CGC appearing for the respondent No.1 does not dispute the aforementioned factual and legal aspect of the matter. 6. In that view of the matter, petition in W.P.No.9144/2020 is allowed. Provisional Order of Attachment dated 12.03.2020 passed by respondent No.1 is quashed. 7. W.P.No.10074/2020 is filed by the Central Bank of India which is stated to have funded the business operation of M/s Omkar Parimal Mandir being run by the petitioner in W.P.No.9144/2020, aggrieved by the order of attachment - 6 - HC-KAR NC: 2026:KHC:518 WP No. 9144 of 2020 C/W WP No. 10074 of 2020 passed by the respondent-authority. In light of the petition in W.P.No.9144/2020 having been allowed, no separate orders are required in W.P.No.10074/2020 and same is disposed of accordingly. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 31