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Karnataka High Court

Siddeshwara S/O Shivarayappa Yellapur vs The Branch Head on 5 February, 2026

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                                                             NC: 2026:KHC-D:1662
                                                        WP No. 105112 of 2024


                       HC-KAR




                      IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                        DATED THIS THE 5TH DAY OF FEBRUARY, 2026

                                          BEFORE

                      THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                       WRIT PETITION NO.105112 OF 2024 (GM-RES)

                      BETWEEN:

                      SIDDESHWARA S/O. SHIVARAYAPPA YELLAPUR,
                      AGE. 61 YEARS, OCC. RETIRED,
                      R/O. E-8, VENKATESH KRUPA APARTMENT,
                      NEAR R B PATIL NURSING HOME,
                      VIDYANAGAR, HUBBALLI-580021.
                                                                    ...PETITIONER
                      (BY SRI. RAVIRAJ C.PATIL, ADVOCATE AND
                      SRI. SHRIPRASAD JOSHI, ADVOCATE)

                      AND:

                      1.   THE BRANCH HEAD,
                           HDFC BANK LTD.,
Digitally signed by        KASTURBA ROAD, BENGALURU-560001.
YASHAVANT
NARAYANKAR
Location: HIGH        2.   THE BRANCH HEAD,
COURT OF
KARNATAKA                  ICICI BANK LTD.,
                           DAM ROAD BRANCH,
                           OPPOSITE K.E.B, HOSPETE-583203.

                      3.   THE POLICE INSPECTOR,
                           CEN CRIME POLICE STATION,
                           HUBBALLI-DHARWAD CITY,
                           DISTRICT-DHARWAD.

                      4.   THE INSPECTOR IN CHARGE,
                           CYBER CRIME POLICE STATION,
                           CHANDAN NAGAR POLICE COMMISSIONERATE,
                           HOOGLY, WEST BENGAL-712101.
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                                       NC: 2026:KHC-D:1662
                                   WP No. 105112 of 2024


HC-KAR




5.   THE STATION HOUSE OFFICER,
     DELHI ROHINI CYBER POLICE STATION,
     SECTOR - 17, POCKET NO.03,
     ROHINI, NEW DELHI-110089.

6.   THE POLICE INSPECTOR,
     GAUTAM BUDH NAGAR,
     CYBER CRIME POLICE STATION,
     SECTOR - 6, SERVICE ROAD, B-BLOCK,
     NOIDA UTTAR PRADESH - 201301.
     ALSO AT:
     S.P. CITY OFFICE,
     CYBER CRIME CELL, GAUTAM BUDH NAGAR,
     110A, B BLOCK, SECTOR-6, NOIDA U.P., 201301.
                                            ...RESPONDENTS
(BY SRI. SACHIN C.ANGADI, ADVOCATE FOR R1;
SRI. PRASHANT S.HOSMANI, ADVOCATE FOR R2;
SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R3;
SRI. V.S. KALASURMATH, ADVOCATE FOR R4;
NOTICE TO R5 AND R6 ARE SERVED)
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT
OF MANDAMUS DIRECTING THE RESPONDENTS NO.01 AND 02
TO DEFREEZE THE ACCOUNTS OF THE PETITIONER WITH THE
RESPONDENT NO.1 BEARING A/C NO.00091300007702 AND
RESPONDENT NO.02 BANK BEARING A/C NO.481001500010
AND RELEASE THE AMOUNT TO THE PETITIONER. II. ISSUE A
WRIT OF MANDAMUS TO THE RESPONDENT NO.04 TO 06 TO
DEFREEZE THE ACCOUNT OF THE PETITIONER WITH THE
RESPONDENT NO.01 BEARING A/C NO.00091300007702 AND
RESPONDENT NO.02 BANK BEARING A/C NO.481001500010. III.
ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.04 TO
06 NOT TO FREEZE, BLOCK, ATTACH, ETC, THE ACCOUNT OF
THE PETITIONER WITH THE RESPONDENT NO.01 BEARING A/C
NO.00091300007702 AND RESPONDENT NO.02 BANK BEARING
A/C NO.481001500010 IN THE FUTURE. IV. GRANT ANY OTHER
RELIEFS DEEMED FIT BY THIS HON'BLE COURT IN THE
INTEREST OF JUSTICE AND EQUIY.
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                                                  NC: 2026:KHC-D:1662
                                              WP No. 105112 of 2024


HC-KAR




     THIS WRIT PETITION, COMING ON FOR FUTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:          THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI


                               ORAL ORDER

The present writ petition is filed seeking the following

prayers:

i. Issue a Writ of Mandamus directing the Respondents No.01 and 02 to defreeze the accounts of the Petitioner with the Respondent No.1 bearing A/C No.00091300007702 and Respondent No.02 bank bearing A/C No.481001500010 and release the amount to the petitioner.

ii. Issue a Writ of Mandamus to the Respondent No.04 to 06 to defreeze the account of the petitioner with the Respondent No.01 bearing A/C No.00091300007702 and Respondent No.02 bank bearing A/C No.481001500010.

iii. Issue a Writ of Mandamus to the Respondent No.04 to 06 not to freeze, block, attach, etc, the account of the petitioner with the Respondent No.01 bearing A/C No.00091300007702 and Respondent No.02 bank bearing A/C No.481001500010 in the future.

iv. Grant any other reliefs deemed fit by this Hon'ble Court in the interest of justice and equity.

2. The facts of the case are that the petitioner is a

retired bank employee and he is having bank accounts in the

respondent No.1 and 2/banks. He is a victim of the online fraud

and has lost all his retirement monetary benefits along with his

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previous earnings through an online scam under the pretext of

online trading. He lost an amount to the tune of ₹73,61,000/-. In

this regard, the he made a complaint and the same was

registered as Crime No.0040/2024. The police after investigation

have filed the charge sheet and the same is numbered as

C.C.No.4358/2024, which is pending consideration before the

Trial Court. The respondent/police were able to recover an

amount of ₹35,59,815.94/- from the accused person. Thereafter,

the petitioner filed applications before the Trial Court under

Section 451 and 457 of Cr.P.C., and two orders were passed on

30.03.2024 and 15.03.2024, respectively, directing the police to

release the entire amount of ₹35,59,815.94/- in favour of the

petitioner. The petitioner after having received the amount by

virtue of the orders, transferred the money to his two accounts

with respondent No.1 and 2/Banks. Subsequently, the petitioner

received intimation from the respondent No.1 and 2 that the said

accounts have been frozen in view of other three complaints filed

by the different victims against the same accused person. The

other victims have registered three complaints before respondent

No.4, 5 and 6. Hence, in view of the same, the bank accounts of

the petitioner are frozen and the amount in the said accounts is

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likely to be released in favour of the other three victims of online

fraud. Aggrieved by the said action of the respondents the

petitioner is before this Court.

3. The learned counsel appearing for the petitioner

submits that the petitioner is a retired bank employee and a

senior citizen. In online scam, he lost his pensionary benefits and

all the amounts, and when he approached the jurisdictional

Magistrate and filed applications for release of the amount, and

when order is passed, now it is not open for the respondent No.1

and 2/Banks to freeze the accounts of the petitioner, basing on

the intimation from the police that the other complaints are

registered. It is submitted that this action of the respondents is

beyond the powers vested with them and in clear disobedience of

the orders passed by a competent Court.

4. Learned counsels appearing for respondent No.1 and

respondent No.2 submit that in this online trading several victims

have filed their complaints and based on that they have received

the requisition from the police to freeze the accounts of the

petitioner. As such, they have frozen the bank accounts of the

petitioner. Whenever a complaint is received from the police with

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regard to a crime, the respondents are bound to freeze the

accounts. It is submitted that the respondent No.1 and 2/banks

are not aware of the orders passed by the Criminal Court as they

are not the parties before the Criminal Court.

5. Having heard the learned counsel on either side,

perused the material on record. The petitioner had filed a

petition under Section 451 and 457 of Cr.P.C., before the I-

Additional Civil Judge and JMFC, Hubballi and two orders were

passed on 30.03.2024 and 15.03.2024 wherein an amount of

₹35,59,815.94/- was released in favour of the petitioner. Later,

this amount was deposited by the petitioner in respondent No.1

and 2/banks. Even if the respondent No.1 and 2/Banks receive a

communication from the police that in view of the crime

registered, the accounts have to be freezed, in the light of the

order passed by the Magistrate. The respondent No.1 and

2/Bank cannot freeze the accounts of the petitioner. If the

respondent No.1 and 2/banks receive a communication, they

have to inform to the police that in view of the orders passed by

the Court they cannot freeze the account of the petitioner.

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6. In view of the above discussion, this Court is passing

the following:

ORDER

(i) The writ petition is allowed directing the

respondent No. and 2/Banks to defreeze the

accounts of the petitioner with the respondent

No.1/Bank bearing A/c.No.00091300007702 and

with respondent No.2/Bank bearing A/c.No.

481001500010 and the said respondents are

directed not to further freeze the bank accounts

of the petitioner in view of the order passed by

the Competent Court.