IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.11001 OF 2025 (GM-RES)

BETWEEN:

SMT.SHIRIN KANCHANWALA D/O SAJJAUDDIN KANCHANWALA AGED ABOUT 30 YEARS R/AT A-WING-401

4^TH FLOOR, SERENITY HEIGHTS MANOHAR NAGARA MAROL ANDHERI EAST, MUMBAI MAHARASHTRA- 400 072 …PETITIONER (BY SRI.PRASANNA KUMAR, ADVOCATE FOR SRI.SHESHA KARTHIK M REDDY, ADVOCATE)

AND:

Digitally signed by CHAITHRA A Location: HIGH COURT OF 1. STATE BY AMRUTHALLY POLICE STATION KARNATAKA SAMPIGEHALLI SUB-DIVISION BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR SPP OFFICE, HIGH COURT BUILDING KARNATAKA HIGH COURT AMBEDKAR VEEDHI BENGALURU - 560 009

2. THE BRANCH MANAGER IDBI BANK BKC BRANCH, BANDRA MUMBAI MAHARASHTRA- 400051 …RESPONDENTS (BY SRI.SIDARTH BABU RAO, AGA FOR R.1;

SRI.NAGARAJ DAMODAR, ADVOCATE FOR R.2;

SRI.AMRITA MANCHANDA, ADVOCATE FOR IMPLEADING APPLICANT)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1-POLICE AND RESPONDENT NO.2-BANK TO REMOVE LIEN/HOLD TO A TUNE OF RS.1,40,00,000/- ON THE BANK ACCOUNT OF THE PETITIONER VIZ IDBI ACCOUNT NO.1000104000116800, IFSC IBKL0001000, BKC BRANCH, BANDRA MUMBAI- 400051 FORTHWITH AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned Additional Government Advocate accepts notice for respondent No.1.

2. The petitioner is before this Court seeking for the following relief:

"1. Call for records.

2. Issue a writ or order in the nature of mandamus to direct the respondent No.1 - Police and respondent No.2 - bank to remove lien/hold to a tune of Rs.1,40,00,000/- on the bank account of the petitioner viz IDBI Account No.1000104000116800, IFSC IBKL0001000, BKC Branch, Bandra Mumbai - 400051 forthwith, OR;

3. Issue such other order or direction as deemed fit in the circumstances of the case, in the interest of justice."

3. The grievance of the petitioner is that a lien or hold has been put on the account of the petitioner to an extent of ₹1,40,00,000/-. The said lien having been initiated in furtherance of Crime No.0337/2024 registered by the Amruthahally Police Station has been stayed by this Court vide order dated 26.11.2024 in Criminal Petition No.12765/2024.

4. Merely because the stay of those criminal proceedings in my particular opinion would not entitle the petitioner for lifting of the lien on the account inasmuch as the amount in the said account are subject matter of the criminal complaint filed in the proceedings in Crime No.0337/2024.

5. Until investigation is completed, it cannot be ascertained as to whether the money in the account belongs to the petitioner or the impleading applicant. On account of the impleading applicant having secured certain gifts for the petitioner, these issues cannot be determined by this Court in a writ petition and would have to be determined during the course of investigation and trial. Since those proceedings have been stayed at the behest of the petitioner having filed the criminal petition, the petitioner cannot take advantage of that and seek for release of the lien/hold on the account of the petitioner.

6. In that view of the matter, reserving liberty to the petitioner to submit appropriate representation to concerned authorities after disposal of Criminal Petition No.12765/2024, the petition stands disposed of

7. The impleading application - I.A.No.2/2025 does not survive for consideration and the same stands disposed of.

Sd/-

(SURAJ GOVINDARAJ)

JUDGE NBM List No.: 1 Sl No.: 23