Allowed¶42

Yashas v. Vs Jana Small Finance Bank

Karnataka HC19 Mar 2025WP/2435/2025

Case brief

AI extract

What is this about?

Bank account freeze; cyber crime complaint; proportionate lien versus wholesale freezing; Article 226 mandamus; defreeze; lien marking; Jana Small Finance Bank; cyber police Chhattisgarh; Kakati Police Station Belagavi; Karpawand Police Station Bastar; Thirupathi East Police Station; High Court of Karnataka; Justice M.Nagaprasanna; NC: 2025:KHC:11459; WP No. 2435 of 2025 (GM-RES).

What did the court decide?

Petition allowed: first respondent Bank directed to mark lien on the disputed amount of Rs.4,89,431/-, defreeze the account and permit the petitioner to operate it as prior to the freezing order, forthwith. ¶42

Yashas v Vs Jana Small Finance Bank — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:11459 WP No. 2435 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2435 OF 2025 (GM-RES)

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BETWEEN:

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YASHAS V, AGED ABOUT 24, C/O VENUGOPAL B.N, NO.2712, 1ST FLOOR, NEAR CHITRA RESIDENCY, HEBBAL 2ND STAGE, VTC: HEBBAL, PO: HEBBAL LAYOUT, MYSORE, KARNATAKA - 570 016.

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…PETITIONER

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(BY SRI. M.H. SUDHIR KUMAR MUROLLI, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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JANA SMALL FINANCE BANK 4547-MYSORE UNIT NO.1, GROUND FLOOR, SATHVIK SPLENDOR BUILDING JAYALAKSMIPURAM, VV MOHALLA, MYSORE, KARNATAKA - 570 012.

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MINISTRY OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI - 110 001, INDIA.

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STATE OF KARNATAKA REPRESENTED BY:

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NC: 2025:KHC:11459 WP No. 2435 of 2025

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KAKATI POLICE STATION, BELAGAVI CITY, KARNATAKA, 590010.

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STATE OF CHHATTISGARH REPRESENTED BY: KARPAWAND POLICE STATION, BASTAR, CHHATTISGARH - 49422.

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STATE OF ANDHRA PRADESH REPRESENTED BY:

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THIRUPATHI EAST POLICE STATION, THIRUPATHI, ANDRA PRADESH- 517501.

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…RESPONDENTS

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(BY SRI. MAHABALESHWAR CHITRIGEMATH, ADVOCATE FOR R1; SRI. AJAY PRABHU, CGC FOR R2; SRI MOHAMMED JAFFAR SHAH, AGA FOR R3)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO JANA SMALL FINANCE BANK TO MARK THE DISPUTED AMOUNT OF RS. 4,89,431 UNDER LIEN AND IMMEDIATELY DEFREEZE THE REMAINING BALANCE OF RS. 17,28,033.91 IN THE PETITIONERS ACCOUNT (ACCOUNT NUMBER 4547028296739307) AND ETC.,

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

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court seeking the following

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prayers:

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"1. Issue a writ of mandamus or any other appropriate writ order, or direction to Jana Small

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NC: 2025:KHC:11459 WP No. 2435 of 2025

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Finance Bank to mark the disputed amount of Rs.4,89,431/- under lien and immediately defreeze the remaining balance of Rs.17,28,033.91/- in the Petitioner's account (Account Number 4547028296739307)

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Directing the Respondents (Jana Small Finance Bank) to ensure that no further freezing of the Petitioner's account takes place until a thorough investigation is conducted and proper notice is issued to the Petitioner regarding the status of the complaints and investigation.

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Grant any other relief as this Hon'ble Court may deem fit and proper in the interest of justice and equity."

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Heard Shri M.H. Sudhir Kumar Murolli, learned

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counsel appearing for the petitioner; Shri Mahableshwar Chitrigemath, learned counsel appearing for respondent No.1; Shri Ajay Prabhu, learned CGC appearing for respondent No.2 and Shri Mohammed Jaffar Shah, learned AGA appearing for respondent No.3.

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A complaint comes to be registered against unknown persons on the cyber portal alleging cyber crime. The transacted amount that is alleged with the petitioner even according to the complaint is Rs.4,89,431/-. Pursuant to the direction issued by the cyber police of the State of Chhattisgarh, the bank account of the petitioner is frozen in its

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NC: 2025:KHC:11459 WP No. 2435 of 2025

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entirety in which account, an amount of Rs.22,17,464/- is in deposit.

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In the light of the complaint projecting the disputed amount totalling Rs.4,89,431/-, the entire account being frozen on the face of it become contrary to law. Therefore, permitting lien to be marked upon the amount Rs.4,89,431/- in the savings bank account of the petitioner maintained before the first respondent - Bank, I direct the first respondent - Bank to permit the petitioner for operation of the account, as it was being operated prior to the order of freezing. The de-freezing of the amount and marking of the lien shall be done forthwith, without brooking any delay.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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JY List No.: 1 Sl No.: 54 CT: BHK

Yashas v. Vs Jana Small Finance Bank

Case brief

What is this about?

What did the court decide?

Yashas v. Vs Jana Small Finance Bank

Case brief

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