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2026 DAILYLAW 6420 (KAR)

PRUDHVEE SANTOSH KUMAR SOMA v. THE COMMISSIONER OF POLICE

WP/20584/2024 · 2026-02-10

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20584 OF 2024 (GM-RES) BETWEEN: PRUDHVEE SANTOSH KUMAR SOMA, AGED ABOUT 37 YEARS, S/O SRINIVAS RAO, RESIDING AT FLAT NO.101, SANSKITHI ARCADE ROAD, NO. 3/3, HARIPURI COLONY, NAGOLE, HYDERABAD – 500 068. …PETITIONER (BY SRI. ATUL M., ADVOCATE) AND: 1. THE COMMISSIONER OF POLICE, BENGALURU CITY, NO.1, INFANTRY ROAD, BENGALURU – 560 001, EMAIL: compolbcp@ksp.gov.in 2. THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, NORTH DIVISION, CYBER ECONOMIC OFFENCES AND NARCOTICS (CEN), YESHWANTHPUR, BENGALURU – 560 012, EMAIL: ccpwccid@ksp.gov.in sysadmisd@ksp.gov.in Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 3. THE STATION HOUSE OFFICER, DCB/CEN POLICE STATION, NEAR VISHWAVIVEKA, PU-COLLEGE, CHIKKABALLAPURA - 562 101, EMAIL: dcbpscbpura@ksp.gov.in 4. THE COMMISSIONER OF POLICE, MANGALURU CITY, MAIDAN ROAD, PANDESHWAR, MANGALORE – 575 001. 5. THE STATION HOUSE OFFICER, MANGALORE CITY CEN POLICE STATION, MANGALORE CITY, MANGALORE – 575 001. EMAIL: 155260cyber11@ksp.gov.in 6. THE MANAGER, ICICI BANK LIMITED, H.NO-11-13-190, GROUND FLOOR, GREENHILLS COLONY, KOTHAPET BRANCH, HYDERABAD – 500 035. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1 TO R5; SRI. JAI PATIL, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PURPORTED IMPUGNED NOTICE DATED 29.02.2024 BEARING REF.NO.MHA31602240015169 AND MHA31602240014387 FOUND IN LETTER DATED 07.03.2024 ISSUED BY RESPONDENT NO.6 BANK TO THE PETITIONER.(ANNEXURE-A) AND ETC. - 3 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "WHEREFORE, in light of the above-mentioned facts and grounds, the Petitioner herein most respectfully prays that this Hon'ble Court may be pleased to pass the following orders; a. Issue a Writ in nature of Certiorari to quash the purported impugned Notice dated 29.02.2024 bearing Ref. No. MHA31602240015169 and MHA31602240014387 found in letter dated 07.03.2024 issued by Respondent No.6 Bank to the Petitioner. (ANNEXURE-A). b. Issue a Writ in nature of Certiorari to quash the purported impugned Notice dated 27.03.2024 bearing Ref. No. E005285582 found in letter dated 29.05.2024 issued by the Respondent No.6 Bank to the Petitioner. (ANNEXURE-B). c. Issue a Writ in nature of Certiorari to quash the purported impugned Notice dated 18.06.2024 bearing Ref. No. E007093317 found in letter dated 25.06.2024 issued by Respondent No.6 Bank to the Petitioner. (ANNEXURE-C). d. Direct the Respondent No.6 to Unfreeze the bank account of the Petitioner and remove the lien/hold attached to the bank account and ensure that the negative balance which is shown in the bank account of the Petitioner is sorted accordingly. - 4 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 e. Any other order that this Hon'ble Court deems fit in the interests of justice and equity." 2. Heard Sri.Atul M, learned counsel appearing for the petitioner, Sri.B.N.Jagdeesha, learned Addl. SPP appearing for respondent Nos.1 to 5, Sri.Jai Patil, learned counsel appearing for respondent No.6 and have perused the material on record. 3. The petitioner is said to have invested Rs.5,00,000/- in angelbok account. The petitioner then is said to have developed certain suspicion about the existence of the account and communicates to Angel One whether Angelbok is subsidiary of Angel One or otherwise. The communication comes back from the said Angel One that there are no subsidiaries of that kind. These are admitted facts. Later the petitioner communicates to Angelbok and receives back the said amount of Rs.5,00,000/- that he had invested in three transactions. The learned counsel for the petitioner submits that petitioner being a victim is now suffering freezing of the account and marking of a lien of Rs.77,00,000/- in an account which has only Rs.2,00,000/-. Learned counsel would seek to place reliance upon a communication of the Investigating - 5 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 Officer to the Bank depicting the petitioner to be a victim and a direction to de-freeze the account. The communication dated 02.12.2024 reads as follows: “Notice Under Section: 91 of Criminal Procedure Code. Date:02/12/2024 To, The Branch Manager, ICICI Bank LTD, Chikkaballapur. Sir, Subject:- Request to UnFreeze Account A/c No:- 187701505005 REF:-Chikkaballapura Cyber PS Crime NO:42/2024. U/S 66(d) IT Act & 406, 420 IPC. **** With reference to the above subject, online fraud case has been registered in Cyber, Economic, Narcotic Crime Police Station Chikkaballapur district, Chikkaballapur with the above mentioned Crime No. & Regarding debit freeze of A/C NO: 187701505005. In this Regard This Account Holder also Victim & There is No further requirements keep above said Account on debit freeze against above said Account Number. It is therefore requested to unfreeze the said Account & Remove Lien mark Rs 76,00,000/- with immediate effect. Your Truly, Sd/- POLICE INSPECTOR Cyber, Economic & Narcotic Crime Police Station Chikkaballapur District.” - 6 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 The communication appears to be in accordance with the facts that are narrated herein above. The petitioner is in fact a victim who has believed the Angels. Therefore, the petition deserves to succeed only on the said score that the Investigating Officer himself directs that the petitioner's account to be defrozen as he is in fact a victim. 4. For the aforesaid reasons, the following: O R D E R [I] Writ Petition is allowed. [II] Impugned Notice dated 29.02.2024 bearing Ref. No. MHA31602240015169 and MHA31602240014387 found in letter dated 07.03.2024 issued by Respondent No.6 Bank to the Petitioner, stands quashed. [III] Impugned Notice dated 27.03.2024 bearing Ref. No. E005285582 found in letter dated 29.05.2024 issued by the Respondent No.6 Bank to the Petitioner, stands quashed. [IV] Impugned Notice dated 18.06.2024 bearing Ref. No. E007093317 found in letter dated 25.06.2024 issued by - 7 - HC-KAR NC: 2026:KHC:8160 WP No. 20584 of 2024 Respondent No.6 Bank to the Petitioner, stands quashed. [V] The respondent-Bank shall within one week from the date of receipt of copy of the order defreeze and demark the lien that is already marked. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 0