- 1 - HC-KAR NC: 2026:KHC:13849 WP No. 34486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 34486 OF 2025 (CS-RES) BETWEEN: 1. SMT NIVEDITHA KARKERA, W/O SHASHIKANTH KARKERA, AGED ABOUT 52 YEARS, R/AT BROOKLYN APARTMENT, 204, B, JAI BHARAT NAGAR, BANASWADI, BENGALURU - 560 033. …PETITIONER (BY SRI. MUNIRAJA.M, ADVOCATE) AND: 1. AXIS BANK LTD, HAVING BRANCH AT GROUND FLOOR, PRESTIGE LIONS GATE NO.6, MOSQUE RD, CLEVELAND TOWN, FRAZER TOWN BRANCH, BENGALURU - 560 005. REPRESENTED BY ITS MANAGER. 2. M/S. VAIDYANATH URBAN CO-OP BANK LTD. HEAD OFFICE AT REPTD BY ITS MANAGER, MONDHA PARLI-V, PARLI-V TALUK, BEED DISTRICT, MAHARASTRA - 431 515. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13849 WP No. 34486 of 2025 3. MR. SURAJ NARASAPPA SALIAN, S/O NARASAPPA SALIAN, AGED ABOUT 54 YEARS, R/AT NO-41, AFSHAR BUILDING, 283 SBS ROAD, FORT MUMBAI - 400 001. AND ALSO AT SURAJ SALIAN HOTEL PVT LTD., NO.317 SHAHID BHAGAT SINGH ROAD, OPP. FORT MARKET ROAD, MUMBAI, MAHARASHTRA - 400 001. 4. MRS CHITRA SURAJ SALIAN, W/O SURAJ SALIAN, AGED ABOUT 46 YEARS, BOTH ARE R/AT NO-41 AFSHAR BUILDING, 283 SBS ROAD FORT, MUMBAI - 400 001. AND ALSO AT SURAJ SALIAN HOTEL PVT LTD., NO.317 SHAHID BHAGAT SINGH ROAD, OPP. FORT MARKET ROAD, MUMBAI, MAHARASHTRA - 400 001. …RESPONDENTS (BY R1-AXIS BANK LTD, FRAZER TOWN BRANCH, BENGALURU - SERVED THROUGH HAND SUMMONS; SRI.NIKIT BALA, ADVOCATE FOR R3 AND R4; SRI.SHISHIRA AMARNATH, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/NOTICE DATED 14.07.2025 VIDE BEARING NO.VUCBL/SRO/2025-26/1538 ISSUED BY THE RESPONDENT NO.2 IN EXERCISE OF SECTION 156(2) OF THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960, READ WITH RULE 107 - 3 - HC-KAR NC: 2026:KHC:13849 WP No. 34486 of 2025 OF THE MAHARASHTRA CO-OPERATIVE SOCIETIES RULES, 1961 ANNEXURE - A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. Learned counsel appearing for the petitioner is submitting that the petitioner is not pressing prayer (i) in this writ petition. Insofar as the prayer (ii) is concerned, petitioner has sought for a writ of mandamus against the respondent No.1/Bank to defreeze the petitioner's Bank Account No.909010038111506 at Axis Bank Ltd, Frazer Town Branch, Bengaluru as per Annexure-G. It is submitted by the learned counsel for the petitioner that, the petitioner is neither a borrower nor a guarantor to the proceedings initiated by respondent No.1/Bank. 3. In that view of the matter, respondent No.1/Bank, before freezing the aforementioned account, ought to have issued notice to the petitioner prior to - 4 - HC-KAR NC: 2026:KHC:13849 WP No. 34486 of 2025 freezing the account belonging to the petitioner. In this regard, it is relevant to extract the declaration of law made by this Court in WP.No.13516-13518/2018 disposed of on 04.04.2018, wherein paragraph No.8 reads as under: 8. This court is of the firm opinion that unless and until there is a strong suspicion against the petitioners, the police would not be justified in freezing the account belonging to the petitioners. For, such freezing of account adversely affects the right to life under Article 21 of the Constitution of India. But, in order to balance the conflicting interest of the petitioners, with the interest of the Investigating Agency, and the interest of the complainant, in the interest of justice, respondent Nos. 1 and 2 are directed to de-freeze the account belonging to the petitioners, provided, the petitioner No.1 submits a bond of Rs.20,00,000/-(Rupees Twenty Lakh only) before the learned Sessions Judge, before whom the present case is pending. 4. Following the declaration of law made by this Court, and as respondent No.1/Bank, though, served has remained absent, I am of the view that respondent - 5 - HC-KAR NC: 2026:KHC:13849 WP No. 34486 of 2025 No.1/bank is directed to defreeze the account of the petitioner forthwith, within a period of one week from today. 5. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE KVR List No.: 1 Sl No.: 48