SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Kar) 21642

THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
PARAS ANEJA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 9868/2026



##PAGE1##

- 1 -

NC: 2026:KHC:17853 WP No. 9868 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 9868 OF 2026 (GM-POLICE)

BETWEEN:

PARAS ANEJA AGED ABOUT 34 YEARS,

SON OF GULSHAN, RESIDING AT NO.1897.

PUREWAL COLONY, PANIPAT HARYANA- 132103

…PETITIONER (BY SRI. ARUNACHALAM S., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY SOUTH CEN CRIME PS BENGALURU CITY-560070

Digitally REPRESENTED BY signed by CHAITHRA A STATE PUBLIC PROSECUTOR

Location:

HIGH COURT BUILDING HIGH COURT OF BENGALURU 560001 KARNATAKA

2. IDFC FIRST BANK REPRESENTED BY MANAGER,

PANIPAT BRANCH, GROUND FLOOR,

ND TOWER, 3672/2/1. WARD NO. 16, PATTI RAJPUTANA, GT RO0AD,

PANIPAT 132103.

##PAGE2##

- 2 -

NC: 2026:KHC:17853 WP No. 9868 of 2026

HC-KAR

3. B MANJUNATH SON OF LATE UP BHIMASENA RAO

AGED ABOUT 61 YEARS RESIDING AT NO.767,

1ST MAIN ROAD

2ND PHASE, GIRINAGAR, BENGALURU CITY,

KARNATAKA-560085 E-MAIL MONKMANJU@GMAIL.COM

MOB 9740690222.

…RESPONDENTS

(BY SRI. K.P.YOGANNA, AGA FOR R1;

V/O/D. 01.04.2026 NOTICE TO R2 AND R3 IS D/W)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO DEFREEZE AND REMOVE THE LIEN OF RS. 5,145/- MARKED BY THE R-1 POLICE ON THE PETITIONERS BANK ACCOUNT BARING ACCOUNT NO. 10102228245 MAINTAINED WITH R-2

BANK.

THIS PETITION, COMING ON FOR PRELIMINARY

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

##PAGE3##

- 3 -

NC: 2026:KHC:17853 WP No. 9868 of 2026

HC-KAR

ORAL ORDER

The captioned writ petition is filed seeking issuance

of a writ in the nature of mandamus directing respondent No.2/Bank to defreeze the petitioner’s bank account bearing No.10102228245 and to remove the lien of Rs.5,145/- marked on the said account pursuant to the communication issued by respondent No.1/Investigating

Agency.

2. Heard the learned counsel appearing for the

petitioner and the learned Additional Government Advocate appearing for respondent No.1/Investigating Agency. In the facts and circumstances of the case, notice

to respondent Nos.2 and 3 is dispensed with.

3. This Court has carefully perused the material

placed on record, more particularly Annexure-B, which is the communication issued by respondent No.2/Bank to the petitioner. A perusal of the same indicates that a lien to the extent of Rs.5,145/- has been marked on the

##PAGE4##

- 4 -

NC: 2026:KHC:17853 WP No. 9868 of 2026

HC-KAR

petitioner’s account pursuant to a transaction-related complaint bearing No.31612250165783 registered on the National Cybercrime Reporting Portal (NCRP). It is evident that respondent No.2/Bank has acted on the basis of instructions received from respondent No.1/Investigating

Agency.

4. It is no doubt true that the Investigating

Agency, in exercise of its powers under the provisions of the Bharatiya Nyaya Sanhita, 2023 and other enabling provisions governing investigation of cyber offences, is empowered to take appropriate steps to preserve suspected proceeds of crime and to ensure that such amounts remain available during the course of investigation. However, such powers are required to be

exercised in a reasonable and proportionate manner. 5. In the present case, the Investigating Agency

has specifically quantified the amount suspected to be involved in the alleged transaction as Rs.5,145/- and has

##PAGE5##

- 5 -

NC: 2026:KHC:17853 WP No. 9868 of 2026

HC-KAR

accordingly directed the Bank to mark a lien to that extent. However, the action of respondent No.2/Bank in freezing the entire account of the petitioner, instead of restricting the lien to the specified amount, has the effect of completely disabling the petitioner from operating his account. Such an action, in the considered view of this Court, is excessive and disproportionate, particularly when

the amount in question is clearly identified and limited.

6. The freezing of the entire bank account, when

the lien amount is specifically determined, results in an unreasonable

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top