Disposed

Mr Hitesh Soni v. the State of Karnataka

Karnataka HC8 Aug 2024WP/8544/2024

Case brief

AI extract

What is this about?

Oral orders disposing of three connected writ petitions seeking directions to unfreeze bank accounts frozen during criminal investigations. The Court permitted partial unfreezing subject to marking liens for alleged fraudulent amounts and requiring petitioner cooperation.

What did the court decide?

Directing banks to unfreeze accounts subject to marking liens for specific fraudulently credited amounts and requiring petitioner cooperation with investigation.

Mr Hitesh Soni Vs the State of Karnataka — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 8544 OF 2024 (GM-RES)

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C/W

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WRIT PETITION NO. 10923 OF 2024 (GM-RES) WRIT PETITION NO. 14081 OF 2024 (GM-RES)

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IN WP NO.8544/2024 BETWEEN:

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MR. HITESH SONI, S/O DEEPAK SONI, AGED ABOUT 21 YEARS, R/A PLOT NO. A-140B, GANAPATI PARADISE CITY, NEAR KALWAR THANA, KALWAR ROAD, JAIPUR, RAJASTHAN 302 012.

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…PETITIONER

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(BY SRI. AKASH B SHETTY., ADVOCATE)

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA, STATION HOUSE OFFICER, CEN CRIME PS, NORTH DIVISION, BANGALORE CITY 560 022, REPRESENTED BY AGA HIGH COURTG OF KARNATAKA.

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THE STATE OF KARNATAKA, REPRESENTED BY, THE SECRETARY DEPARTMENT OF HOME AFFAIRS,

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NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU 560 001.

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ICICI BANK LTD., REP BY, THE MANAGER NO.1, SHOBHA PEARL, 2ND FLOOR, MG ROAD, COMMISSARIAT ROAD, BANGALORE (OPPOSITE MAYO HALL) KARNATAKA 560 025.

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…RESPONDENTS

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(BY SRI. HARISH K.S., GA FOR R1 AND R2, SRI. JAI M PATIL, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. PRAYING TO DIRECTING THE RESPONDENT POLICE AND THE RESPONDENT BANK TO DEFREEZE THE ACCOUNTS OF THE PETITIONER BEARING ACCOUNT NUMBER 678201503534 MAINTAINED IN THE ICICI BANK LTD AND PERMIT THE PETITIONER HEREIN TO USE THE OPERATE THE ACCOUNTS VIDE ANNEXURE-C AND ETC,.

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IN WP NO.10923/2024 BETWEEN:

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MR. DEEPAK KUMAR S/O SUNDER SINGH AGED ABOUT 21 YEARS, R/AT NO.935, RAMSARA POST, FATEHABAD HARYANA-125 053

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MR. HARKESH S/O SURESH KUMAR AGED ABOUT 22 YEARS R/AT PRANPURA KHORI (70)

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3 - NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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KHORI POST, REWARI DISTRICT HARYANA-123 101

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…PETITIONERS

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(BY SRI. AKASH B SHETTY., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA POLICE INSPECTOR, ELECTRONIC CITY PS, ELECTRONIC CITY DIVISION BANGALORE-560 100 REPRESENTED BY AGA HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY, THE SECRETARY DEPARTMENT OF HOME AFFAIRS, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU 560 001.

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YES BANK LTD REPRESENTED BY THE BRANCH MANAGER SIRSA BRANCH, GF, PROPERTY NO.B16/587 KALERA COMPLEX, SANWAN CHOWK DABWALI ROAD SIRSA, HARYANA 125 055.

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…RESPONDENTS

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(BY SRI. HARISH K.S., GA FOR R1 AND R2)

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4 - NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT POLICE AND THE RESPONDENT BANK TO DEFREEZE THE ACCOUNTS OF THE PETITIONER BEARING ACCOUNT NUMBER NO. 098752000003146, AND NO. 098752000003831, IFSCYESB0000987 MAINTAINED IN YES BANK LTD, SIRSA BRANCH, HARYANA AND PERMIT THE PETITIONERS HEREIN TO USE AND OPERATE THE ACCOUNTS VIDE ANNEXURE-C AND ANNEXURE-C1 AND ETC.

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IN WP NO.14081/2024 BETWEEN:

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MD TOUSIF AHAMED S/O MOFIJUL SK AGED ABOUT 20 YEARS, R/AT BARA SUJAPUR JHABRA GAIN PARA, BARA SUJAPUR MALDA

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WEST BENGAL 732 206

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…PETITIONER

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(BY SRI. AKASH B SHETTY., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA POLICE INSPECTOR, CYBER, ECONOMIC, NARCOTIC (CEN) CRIME PS, EAST DIVISION, BANGALORE 560 051 REPRESENTED BY SPP HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY, THE SECRETARY

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NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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DEPARTMENT OF HOME AFFAIRS, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU 560 001.

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STATE BANK OF INDIA REPRESENTED BY THE BRANCH MANAGER STATE BANK OF INDIA LTD SUJAPUR BRANCH, MALDA WEST BENGAL 732206 EMAIL [email protected]

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…RESPONDENTS

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(BY SRI. HARISH K.S., GA FOR R1 AND R2, SRI. JAI M PATIL, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1. DIRECT THE RESPONDENT NO.3 TO DEFREEZE THE ACCOUNTS OF THE PETITIONER MAINTAINED WITH RESPONDENT BANK AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK ACCOUNT A/C NO.35138423192, IFSC-SBIN0006810 MAINTAINED IN STATE BANK OF INDIA LTD, SUJAPUR BRANCH, MALDA,WEST BENGAL AND ETC.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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6 - NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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ORAL ORDER

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In W.P. No.8544/2024:

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The petitioner seeks a direction to the respondents to defreeze the petitioner’s account held with Respondent No.2 – Bank. The petitioner’s bank account was frozen during the investigation of Crime No.2914/2023, as it was found that a sum of Rs.1,00,000/- had been fraudulently transferred to the petitioner’s account. The petitioner has submitted that, subject to marking a lien for Rs.1,00,000/-, they may be permitted to operate the account for any amount exceeding the said sum.

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The learned Additional Government Advocate does not dispute that Rs.1,00,000/- was allegedly transferred to the petitioner’s bank account.

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Accordingly, it is expedient to dispose of this petition by directing Respondent No.2 to defreeze the petitioner’s bank account, bearing No.678201503534 maintained with ICICI Bank Limited. The petitioner is permitted to operate the account, subject to marking a lien for Rs.1,00,000/-. The petitioner is also under an obligation to cooperate with the ongoing investigation in Crime No.2914/2023.

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7 - NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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In W.P. No.10923/2024:

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The petitioners seek a direction to Respondent No.3 to defreeze their accounts maintained with the 3rd respondent – Bank. During the investigation of Crime No.0368/2023, it was revealed that Rs.1,00,500/- was fraudulently transferred into the 1st petitioner’s bank account and Rs.1,00,000/- into the 2nd petitioner’s account. Consequently, the respondent Bank, at the instance of the police, froze the petitioners’ accounts.

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The learned counsel for the petitioners, upon instructions, submits that the petitioners may be permitted to operate their respective bank accounts, subject to marking a lien for the aforementioned amounts.

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The learned Additional Government Advocate does not dispute the same.

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Accordingly, it is expedient to dispose of this petition by directing Respondent No.3 to defreeze the petitioners’ bank accounts, bearing No.098752000003146 and No.098752000003813 maintained with Yes Bank Ltd., Haryana. Petitioner No.1 shall mark a lien for Rs.1,00,500/-, and Petitioner No.2 shall mark a lien for Rs.1,00,000/-. The respondent Bank is directed to defreeze the accounts subject to the marking of liens for the aforesaid amounts.

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8 - NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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It is needless to state that the petitioners are under an obligation to cooperate with the investigation in Crime No.368/2023.

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In W.P. No.14081/2024:

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The petitioner seeks a direction to the respondent to defreeze their account maintained with Bank of India Ltd., Malda. During the investigation of Crime No.0475/2023, it was found that a certain sum of money had been fraudulently transferred to the petitioner’s account. Consequently, the investigating officer directed the freezing of the petitioner’s bank account. The learned counsel for the petitioner submits that the petitioner is willing to transfer the fraudulently credited amount and should therefore be permitted to operate the bank account.

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2. The submission is placed on record.

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Accordingly, the writ petition is disposed of by directing Respondent No.3 to defreeze the petitioner’s bank account, bearing No.35138423192 maintained with State Bank of India Ltd., Sarjapur Branch, West Bengal, subject to the petitioner marking a lien for the sum allegedly transferred to the account fraudulently. The petitioner shall appear before Respondent No.1 and seek details for the transfer of the alleged fraudulent amount.

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NC: 2024:KHC:34607 WP No. 8544 of 2024 C/W WP No. 10923 of 2024 WP No. 14081 of 2024

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The petitioner is directed to appear before Respondent No.2 within four weeks from today. After recording the petitioner’s statement, Respondent No.2 shall pass an appropriate order directing the Bank to defreeze the account.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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TIN List No.: 1 Sl No.: 11 CORE

Mr Hitesh Soni v. the State of Karnataka

Case brief

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Mr Hitesh Soni v. the State of Karnataka

Case brief

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