Petitioners sought to unfreeze bank accounts debit frozen for four years without intimation to the Magistrate. The Court held that non-compliance with Section 102(3) Cr.P.C. by the Investigating Officer vitiated the freezing order.
Directed respondents-banks to forthwith defreeze petitioners' accounts and permit operation if in order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:33440 WP No. 28446 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28446 OF 2025 (GM-RES)
BETWEEN:
BOTH ARE RESIDING AT NO 41/1, SAPTHAGIRI 5TH MAIN ROAD,
OPP. TO HOME TOUCH DEPARTMENTAL STORE GANGA NAGARA EXTENSION RT NAGAR, BANGALORE - 560 032
Digitally signed by PADMAVATHI (BY SRI. AKSHATHA SHETTY K., ADVOCATE) B K AND: Location: High Court of Karnataka 1.
…PETITIONERS
BANGALORE - 560 001.
HC-KAR
NRUPUTUNGA ROAD, AMBEDKAR VEEDI, BANGALORE - 560 001
NC: 2026:KHC:33440 WP No. 28446 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-1) DIRECTION AGAINST THE R1 TO ISSUE CLEARANCE TO THE R3 TO 6 TO DEFREEZE THE BANK ACCOUNTS HELD BY THE PETITIONERS IN THEIR RESPECTIVE BANK.2) DIRECTIONS AGAINST THE R3 TO 6 TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONERS VIDE ANNEXURE-A, A1, A2 AND A3.3) TO GRANT COSTS OF THE ABOVE WP.
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 the Court seeking the following prayers:
NC: 2026:KHC:33440 WP No. 28446 of 2025
HC-KAR
appearing for the petitioners; Sri. B.N. Jagadeesha, learned Special Public Prosecutor - I along with Smt. Hemalatha V., learned Additional Government Advocate appearing for respondent No.1; Sri. Pradeep Sawkar, learned counsel appearing for respondent No.2; Sri. Avinash B.C., learned counsel appearing for respondent No.3; Sri. Francis Xavier, learned counsel appearing for respondent No.5 and Sri. Mohammed Tahir, learned counsel appearing for
respondent No.6.
HC-KAR
fact. Notwithstanding the same for the last 4 years, it transpires that the account of the petitioners in all these four banks have been debit frozen. The communication of debit freezing the account has sprung from nowhere in the case at hand.
the duty of the Investigating Officer, who has directed such debit freezing, if it has been done by the Investigating Officer to report it to the jurisdictional Magistrate as obtaining under Section 102(3) of the Cr.P.C. In the light of admitted nonreporting of the said debit freezing, the order of debit freezing in whatever form it is communicated to the Bank would tumble down. Therefore, the submission of Smt. Akshatha Shetty K. learned counsel merits acceptance.
NC: 2026:KHC:33440 WP No. 28446 of 2025
HC-KAR
respondents- Banks to forthwith defreeze the accounts of the petitioners and permit operation, if everything else is in order.
disposed.
Ordered accordingly.
Sd/(M.NAGAPRASANNA) JUDGE
JY List No.: 2 Sl No.: 17
2 issues framed by the court
Whether bank accounts debit frozen without intimation to the jurisdictional Magistrate under Section 102(3) Cr.P.C. must be unfrozen.
Whether the non-reporting of debit freezing to the Magistrate invalidates the order of freezing.
2 provisions across 2 enactments
Mrs Jayashree Sathyanarayana and Mr. Kuldeep Eregodu Sathyanarayana
The State of Karnataka
The Reserve Bank of India
Branch Manager RBL Bank Peenya Branch
The Branch Manager Karnataka Bank Ltd.
The Branch Manager Yes Bank
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
