Citation : 2026 Latest Caselaw 1084 Kant
Judgement Date : 10 February, 2026
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WP No. 20584 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20584 OF 2024 (GM-RES)
BETWEEN:
PRUDHVEE SANTOSH KUMAR SOMA,
AGED ABOUT 37 YEARS,
S/O SRINIVAS RAO,
RESIDING AT FLAT NO.101,
SANSKITHI ARCADE ROAD,
NO. 3/3, HARIPURI COLONY,
NAGOLE, HYDERABAD - 500 068.
...PETITIONER
(BY SRI. ATUL M., ADVOCATE)
AND:
1. THE COMMISSIONER OF POLICE,
Digitally signed BENGALURU CITY, NO.1, INFANTRY ROAD,
by SANJEEVINI BENGALURU - 560 001,
J KARISHETTY EMAIL: [email protected]
Location: High
Court of
Karnataka 2. THE STATION HOUSE OFFICER,
CYBER CRIME POLICE STATION,
NORTH DIVISION,
CYBER ECONOMIC OFFENCES
AND NARCOTICS (CEN),
YESHWANTHPUR,
BENGALURU - 560 012,
EMAIL: [email protected]
[email protected]
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WP No. 20584 of 2024
HC-KAR
3. THE STATION HOUSE OFFICER,
DCB/CEN POLICE STATION,
NEAR VISHWAVIVEKA, PU-COLLEGE,
CHIKKABALLAPURA - 562 101,
EMAIL: [email protected]
4. THE COMMISSIONER OF POLICE,
MANGALURU CITY, MAIDAN ROAD,
PANDESHWAR,
MANGALORE - 575 001.
5. THE STATION HOUSE OFFICER,
MANGALORE CITY CEN POLICE STATION,
MANGALORE CITY,
MANGALORE - 575 001.
EMAIL: [email protected]
6. THE MANAGER,
ICICI BANK LIMITED,
H.NO-11-13-190, GROUND FLOOR,
GREENHILLS COLONY,
KOTHAPET BRANCH,
HYDERABAD - 500 035.
...RESPONDENTS
(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1 TO R5;
SRI. JAI PATIL, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PURPORTED IMPUGNED NOTICE DATED 29.02.2024 BEARING
REF.NO.MHA31602240015169 AND MHA31602240014387
FOUND IN LETTER DATED 07.03.2024 ISSUED BY
RESPONDENT NO.6 BANK TO THE PETITIONER.(ANNEXURE-A)
AND ETC.
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WP No. 20584 of 2024
HC-KAR
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following
prayers:
"WHEREFORE, in light of the above-mentioned facts and grounds, the Petitioner herein most respectfully prays that this Hon'ble Court may be pleased to pass the following orders;
a. Issue a Writ in nature of Certiorari to quash the purported impugned Notice dated 29.02.2024 bearing Ref. No. MHA31602240015169 and MHA31602240014387 found in letter dated 07.03.2024 issued by Respondent No.6 Bank to the Petitioner. (ANNEXURE-A).
b. Issue a Writ in nature of Certiorari to quash the purported impugned Notice dated 27.03.2024 bearing Ref. No. E005285582 found in letter dated 29.05.2024 issued by the Respondent No.6 Bank to the Petitioner. (ANNEXURE-B).
c. Issue a Writ in nature of Certiorari to quash the purported impugned Notice dated 18.06.2024 bearing Ref. No. E007093317 found in letter dated 25.06.2024 issued by Respondent No.6 Bank to the Petitioner. (ANNEXURE-C).
d. Direct the Respondent No.6 to Unfreeze the bank account of the Petitioner and remove the lien/hold attached to the bank account and ensure that the negative balance which is shown in the bank account of the Petitioner is sorted accordingly.
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e. Any other order that this Hon'ble Court deems fit in the interests of justice and equity."
2. Heard Sri.Atul M, learned counsel appearing for the
petitioner, Sri.B.N.Jagdeesha, learned Addl. SPP appearing for
respondent Nos.1 to 5, Sri.Jai Patil, learned counsel appearing
for respondent No.6 and have perused the material on record.
3. The petitioner is said to have invested
Rs.5,00,000/- in angelbok account. The petitioner then is said
to have developed certain suspicion about the existence of the
account and communicates to Angel One whether Angelbok is
subsidiary of Angel One or otherwise. The communication
comes back from the said Angel One that there are no
subsidiaries of that kind. These are admitted facts. Later the
petitioner communicates to Angelbok and receives back the
said amount of Rs.5,00,000/- that he had invested in three
transactions. The learned counsel for the petitioner submits
that petitioner being a victim is now suffering freezing of the
account and marking of a lien of Rs.77,00,000/- in an account
which has only Rs.2,00,000/-. Learned counsel would seek to
place reliance upon a communication of the Investigating
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Officer to the Bank depicting the petitioner to be a victim and a
direction to de-freeze the account. The communication dated
02.12.2024 reads as follows:
"Notice Under Section: 91 of Criminal Procedure Code.
Date:02/12/2024
To,
The Branch Manager, ICICI Bank LTD, Chikkaballapur.
Sir,
Subject:- Request to UnFreeze Account A/c No:-
187701505005
REF:-Chikkaballapura Cyber PS Crime NO:42/2024.
U/S 66(d) IT Act & 406, 420 IPC.
**** With reference to the above subject, online fraud case has been registered in Cyber, Economic, Narcotic Crime Police Station Chikkaballapur district, Chikkaballapur with the above mentioned Crime No. & Regarding debit freeze of A/C NO: 187701505005.
In this Regard This Account Holder also Victim & There is No further requirements keep above said Account on debit freeze against above said Account Number. It is therefore requested to unfreeze the said Account & Remove Lien mark Rs 76,00,000/- with immediate effect.
Your Truly,
Sd/-
POLICE INSPECTOR Cyber, Economic & Narcotic Crime Police Station Chikkaballapur District."
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The communication appears to be in accordance with the facts
that are narrated herein above. The petitioner is in fact a
victim who has believed the Angels. Therefore, the petition
deserves to succeed only on the said score that the
Investigating Officer himself directs that the petitioner's
account to be defrozen as he is in fact a victim.
4. For the aforesaid reasons, the following:
ORDER
[I] Writ Petition is allowed.
[II] Impugned Notice dated 29.02.2024 bearing Ref. No.
MHA31602240015169 and MHA31602240014387 found
in letter dated 07.03.2024 issued by Respondent No.6
Bank to the Petitioner, stands quashed.
[III] Impugned Notice dated 27.03.2024 bearing Ref. No.
E005285582 found in letter dated 29.05.2024 issued by
the Respondent No.6 Bank to the Petitioner, stands
quashed.
[IV] Impugned Notice dated 18.06.2024 bearing Ref. No.
E007093317 found in letter dated 25.06.2024 issued by
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Respondent No.6 Bank to the Petitioner, stands
quashed.
[V] The respondent-Bank shall within one week from
the date of receipt of copy of the order defreeze
and demark the lien that is already marked.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE
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