THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
PARAS ANEJA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 9868/2026
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NC: 2026:KHC:17853 WP No. 9868 of 2026
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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.
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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
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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
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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
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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
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