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NC: 2026:KHC:16869 WP No. 23770 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 23770 OF 2025 (GM-RES)

BETWEEN:

MR AFSAR PASHA S/O LATE M BABJARI,

AGED ABOUT 54 YEARS, RESIDING AT NO 05, DEVANUR LAYOUT,

BEHIND EDEN GARDEN, RAJIVNAGAR, MYSORE, KARNATAKA 570019

…PETITIONER (BY SMT. DEEPTHI BHAT .,ADVOCATE FOR;

SRI. RANGANATH M A, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED HEREIN BY THE STATE.

Digitally PUBLIC PROSECUTOR BENGALURU, signed by KARNATAKA 560001 CHAITHRA A

Location:

2. THE STATION HOUSE OFFICER HIGH COURT OF IZAT NAGAR POLICE STATION

KARNATAKA REPRESENTED BY, INVESTIGATING OFFICER/ INSPECTOR, 9CQM, MINI BYP, RAJEEV KUNJ COLONY

BAREILLY UTTAR PRADESH-243122

3. HDFC BANK REPRESENTED BY,

THE BRANCH MANAGER, HDFC BANK, NO 97/A, 1^ST MAIN SHIVAJI RAO ROAD

N R MOHALLA MYSORE, KARNATAKA-570007

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NC: 2026:KHC:16869 WP No. 23770 of 2025

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…RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1 & R2;

SRI. JAI M PATIL, ADVOCATE FOR R3)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 BANK TO DEFREEZE THE ACCOUNT OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK A/C NO. 50200053559539, IFSC-HDFC0009283 MAINTAINED IN HDFC BANK LTD, N R MOHALLA BRANCH, MYSORE

KARNATAKA.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed seeking direction

against respondent No.3/Bank to defreeze the account of petitioner and permit petitioner to operate the bank account bearing A/c No.50200053559539, maintained with

respondent No.3/Bank.

2. The petitioner asserts that he is engaged in a

lawful commercial activity of trading in commercial vehicles, predominantly involving the purchase and sale of trucks. The grievance of the petitioner emanates from a

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NC: 2026:KHC:16869 WP No. 23770 of 2025

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communication issued by respondent No.2—Investigating Officer, directing respondent No.3/Bank to freeze the petitioner’s bank account. It is contended that acting solely on the basis of such communication, the Bank has proceeded to freeze the entire account of the petitioner,

thereby bringing his business operations to a standstill.

3. Heard the learned counsel appearing for the

parties. Perused the material on record with care and

circumspection.

4. A perusal of the records would indicate that

respondent No.2, in the course of investigation, has addressed a communication to respondent No.3/Bank seeking to secure the alleged proceeds of crime by directing the Bank to mark a lien over the petitioner’s account to the extent of Rs.1,96,801/-. However, it is evident that the Bank, instead of confining its action to the said quantified amount, has proceeded to freeze the entire account of the petitioner. Such action, in the considered

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opinion of this Court, travels beyond the scope of the

communication issued by the Investigating Officer.

5. It is trite that while the Investigating Agency is

vested with the authority to take necessary measures to secure suspected proceeds of crime and to ensure availability of funds during the course of investigation, such power is not unbridled. The exercise of such power must be proportionate and tailored to the exigencies of the case. Freezing of an entire bank account, particularly when the alleged amount involved is specifically quantified, would amount to an excessive and unreasonable restriction, impinging upon the petitioner’s fundamental right to carry on trade and business. The action of respondent No.3/Bank, therefore, cannot be sustained to the extent it results in a complete embargo on the

operation of the account.

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NC: 2026:KHC:16869 WP No. 23770 of 2025

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6. In the case on hand, the amount indicated by

respondent

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