- 1 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.105112 OF 2024 (GM-RES) BETWEEN: SIDDESHWARA S/O. SHIVARAYAPPA YELLAPUR, AGE. 61 YEARS, OCC. RETIRED, R/O. E-8, VENKATESH KRUPA APARTMENT, NEAR R B PATIL NURSING HOME, VIDYANAGAR, HUBBALLI-580021. …PETITIONER (BY SRI. RAVIRAJ C.PATIL, ADVOCATE AND SRI. SHRIPRASAD JOSHI, ADVOCATE) AND: 1. THE BRANCH HEAD, HDFC BANK LTD., KASTURBA ROAD, BENGALURU-560001. 2. THE BRANCH HEAD, ICICI BANK LTD., DAM ROAD BRANCH, OPPOSITE K.E.B, HOSPETE-583203. 3. THE POLICE INSPECTOR, CEN CRIME POLICE STATION, HUBBALLI-DHARWAD CITY, DISTRICT-DHARWAD. 4. THE INSPECTOR IN CHARGE, CYBER CRIME POLICE STATION, CHANDAN NAGAR POLICE COMMISSIONERATE, HOOGLY, WEST BENGAL-712101. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 5. THE STATION HOUSE OFFICER, DELHI ROHINI CYBER POLICE STATION, SECTOR – 17, POCKET NO.03, ROHINI, NEW DELHI-110089. 6. THE POLICE INSPECTOR, GAUTAM BUDH NAGAR, CYBER CRIME POLICE STATION, SECTOR – 6, SERVICE ROAD, B-BLOCK, NOIDA UTTAR PRADESH – 201301. ALSO AT: S.P. CITY OFFICE, CYBER CRIME CELL, GAUTAM BUDH NAGAR, 110A, B BLOCK, SECTOR-6, NOIDA U.P., 201301. …RESPONDENTS (BY SRI. SACHIN C.ANGADI, ADVOCATE FOR R1; SRI. PRASHANT S.HOSMANI, ADVOCATE FOR R2; SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R3; SRI. V.S. KALASURMATH, ADVOCATE FOR R4; NOTICE TO R5 AND R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.01 AND 02 TO DEFREEZE THE ACCOUNTS OF THE PETITIONER WITH THE RESPONDENT NO.1 BEARING A/C NO.00091300007702 AND RESPONDENT NO.02 BANK BEARING A/C NO.481001500010 AND RELEASE THE AMOUNT TO THE PETITIONER. II. ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.04 TO 06 TO DEFREEZE THE ACCOUNT OF THE PETITIONER WITH THE RESPONDENT NO.01 BEARING A/C NO.00091300007702 AND RESPONDENT NO.02 BANK BEARING A/C NO.481001500010. III. ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.04 TO 06 NOT TO FREEZE, BLOCK, ATTACH, ETC, THE ACCOUNT OF THE PETITIONER WITH THE RESPONDENT NO.01 BEARING A/C NO.00091300007702 AND RESPONDENT NO.02 BANK BEARING A/C NO.481001500010 IN THE FUTURE. IV. GRANT ANY OTHER RELIEFS DEEMED FIT BY THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUIY. - 3 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 THIS WRIT PETITION, COMING ON FOR FUTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: i. Issue a Writ of Mandamus directing the Respondents No.01 and 02 to defreeze the accounts of the Petitioner with the Respondent No.1 bearing A/C No.00091300007702 and Respondent No.02 bank bearing A/C No.481001500010 and release the amount to the petitioner. ii. Issue a Writ of Mandamus to the Respondent No.04 to 06 to defreeze the account of the petitioner with the Respondent No.01 bearing A/C No.00091300007702 and Respondent No.02 bank bearing A/C No.481001500010. iii. Issue a Writ of Mandamus to the Respondent No.04 to 06 not to freeze, block, attach, etc, the account of the petitioner with the Respondent No.01 bearing A/C No.00091300007702 and Respondent No.02 bank bearing A/C No.481001500010 in the future. iv. Grant any other reliefs deemed fit by this Hon’ble Court in the interest of justice and equity. 2. The facts of the case are that the petitioner is a retired bank employee and he is having bank accounts in the respondent No.1 and 2/banks. He is a victim of the online fraud and has lost all his retirement monetary benefits along with his - 4 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 previous earnings through an online scam under the pretext of online trading. He lost an amount to the tune of ₹73,61,000/-. In this regard, the he made a complaint and the same was registered as Crime No.0040/2024. The police after investigation have filed the charge sheet and the same is numbered as C.C.No.4358/2024, which is pending consideration before the Trial Court. The respondent/police were able to recover an amount of ₹35,59,815.94/- from the accused person. Thereafter, the petitioner filed applications before the Trial Court under Section 451 and 457 of Cr.P.C., and two orders were passed on 30.03.2024 and 15.03.2024, respectively, directing the police to release the entire amount of ₹35,59,815.94/- in favour of the petitioner. The petitioner after having received the amount by virtue of the orders, transferred the money to his two accounts with respondent No.1 and 2/Banks. Subsequently, the petitioner received intimation from the respondent No.1 and 2 that the said accounts have been frozen in view of other three complaints filed by the different victims against the same accused person. The other victims have registered three complaints before respondent No.4, 5 and 6. Hence, in view of the same, the bank accounts of the petitioner are frozen and the amount in the said accounts is - 5 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 likely to be released in favour of the other three victims of online fraud. Aggrieved by the said action of the respondents the petitioner is before this Court. 3. The learned counsel appearing for the petitioner submits that the petitioner is a retired bank employee and a senior citizen. In online scam, he lost his pensionary benefits and all the amounts, and when he approached the jurisdictional Magistrate and filed applications for release of the amount, and when order is passed, now it is not open for the respondent No.1 and 2/Banks to freeze the accounts of the petitioner, basing on the intimation from the police that the other complaints are registered. It is submitted that this action of the respondents is beyond the powers vested with them and in clear disobedience of the orders passed by a competent Court. 4. Learned counsels appearing for respondent No.1 and respondent No.2 submit that in this online trading several victims have filed their complaints and based on that they have received the requisition from the police to freeze the accounts of the petitioner. As such, they have frozen the bank accounts of the petitioner. Whenever a complaint is received from the police with - 6 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 regard to a crime, the respondents are bound to freeze the accounts. It is submitted that the respondent No.1 and 2/banks are not aware of the orders passed by the Criminal Court as they are not the parties before the Criminal Court. 5. Having heard the learned counsel on either side, perused the material on record. The petitioner had filed a petition under Section 451 and 457 of Cr.P.C., before the I- Additional Civil Judge and JMFC, Hubballi and two orders were passed on 30.03.2024 and 15.03.2024 wherein an amount of ₹35,59,815.94/- was released in favour of the petitioner. Later, this amount was deposited by the petitioner in respondent No.1 and 2/banks. Even if the respondent No.1 and 2/Banks receive a communication from the police that in view of the crime registered, the accounts have to be freezed, in the light of the order passed by the Magistrate. The respondent No.1 and 2/Bank cannot freeze the accounts of the petitioner. If the respondent No.1 and 2/banks receive a communication, they have to inform to the police that in view of the orders passed by the Court they cannot freeze the account of the petitioner. - 7 - HC-KAR NC: 2026:KHC-D:1662 WP No. 105112 of 2024 6. In view of the above discussion, this Court is passing the following: ORDER (i) The writ petition is allowed directing the respondent No. and 2/Banks to defreeze the accounts of the petitioner with the respondent No.1/Bank bearing A/c.No.00091300007702 and with respondent No.2/Bank bearing A/c.No. 481001500010 and the said respondents are directed not to further freeze the bank accounts of the petitioner in view of the order passed by the Competent Court. (ii) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN, CT: UMD List No.: 1 Sl No.: 1