Karnataka High Court
Mr Nirmalbhai Ambalal Patel vs State Of Karnataka on 11 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:28537
WP No. 16453 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 16453 OF 2023 (GM-POLICE)
BETWEEN:
MR NIRMALBHAI AMBALAL PATEL,
S/O AMBALAL KHODIDAS PATEL,
AGED ABOUT 47 YEARS,
R/AT 46/544, SARGAM APARTMENT,
SOLA ROAD, NARANPURA, AHMADABAD CITY,
AHMADABAD, GUJARAT-380 063.
...PETITIONER
(BY SRI. ANISH ACHARYA.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
STATION HOUSE OFFICER,
CEN POLICE STATION,
Digitally signed SOUTH EAST DIVISION,
by SHARADA BANGALORE CITY - 560 001.
VANI B REPRESENTED BY SPP
Location: HIGH HIGH COURT OF KARNATAKA.
COURT OF
KARNATAKA
2. STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
AMBEDKAR VEEDHI, VIDHANA SOUDHA,
BENGALURU-560 001.
3. CENTRAL BANK OF INDIA
REPRESENTED BY THE MANAGER,
HARIJAN ASHRAM BRANCH,
AHMEDBAD-380 013.
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NC: 2023:KHC:28537
WP No. 16453 of 2023
4. HDFC BANK
REPRESENTED BY THE MANAGER,
ASTRAL TOWERS RELIANCE GEN,
INSU, N R MITHAKHALI SIX ROAD,
NAVRANPURA, AHMEDBAD-380 009.
5. AXIS BANK
REPRESENTED BY THE MANAGER,
DRIVE IN ROAD,
AHMEDABAD-380 054.
6. KOTAK MAHINDRA BANK
REPRESENTED BY THE MANAGER,
SHIVALIKYASH 9TH RING ROAD,
AHMEDBAD-380 013.
7. IDFC BANK.,
REPRESENTED BY THE MANAGER,
IDFC FIRST BANK LTD.,
KRM TOWER, 7TH FLOOR,
NO.1 HARRINGTON ROAD,
CHETPET, CHENNAI-600 031.
TAMIL NADU, INDIA.
8. YES BANK
REPRESENTED BY THE MANAGER,
YES BANK TOWER, IFC-2,
15TH FLOOR, SENAPATI BAPAT MARG,
ELPHINSTONE (W), MUMBAI-400 013.
9. PUNJAB NATIONAL BANK
REPRESENTED BY THE MANAGER,
AHMEDBAD ASHRAM ROAD-380 009.
10. INDUSLAND BANK.,
REPRESENTED BY THE MANAGER,
SHYMAL BRANCH, AHMEDABAD-380 015.
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR., AGA FOR R1 & R2;
NOTICE TO R3-R10 IS D/W V.C.O DATED 111.08.2023)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH EMAIL
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NC: 2023:KHC:28537
WP No. 16453 of 2023
NOTICE ISSUED BY THE R1 POLICE THROUGH E-MAIL
cenpssoutheastbcp at ksp.gov.in, DTD 8TH JUNE 2023 AT 12.43
P.M ANNEXURE-A AND DIRECT THE R3 TO 10 TO DEFREEZE
THE ACCOUNTS OF THE PETITIONER MAINTAINED WITH
RESPONDENT BANKS AND PERMIT THE PETITIONER HEREIN TO
USE THE ACCOUNTS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this Writ Petition is
substantially similar to the one in W.P.Nos.13516-
13518/2018 (GM-POLICE) between MR. PRAKASH
PADUKONE & OTHERS vs. STATE OF KARNATAKA &
OTHERS, disposed off by a Coordinate Bench of this Court
on 04.04.2023.
2. Paragraph No.8 of the judgment cited supra
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,
NC: 2023:KHC:28537
WP No. 16453 of 2023
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."
3. Learned counsel for the Petitioner submits that
when some relief has been granted to the litigant, other
similarly circumstanced litigants cannot be denied similar
relief, in the absence of derogatory factors. He is justified
in making this submission.
In view of the above, this Writ Petition is disposed off
granting relief as has been granted to the litigants in the
cognate Petitions, with suitable adaptations.
Registry is directed to send a copy of this judgment
to Respondent Nos. 3 to 10 by Speed Post immediately.
Sd/-
JUDGE
Bsv
