IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39732 OF 2018 (GM-RES) BETWEEN:
Mr.Jigna Tejas Shah, W/o late Sri.Tejas Shah, Aged about 45 years, Presently Residing at No.38/9, Shyam Kunj, 12th Cross, Agara Dasarhalli, Magadi Main Road, Bengaluru – 560 079.
… Petitioner (By Sri.Dilraj Rohit Sequeira, Advocate-Absent) AND:
1. The Inspector of Police, Banashankari Police Station, Banashankari, Bengaluru – 560 085.
2. The Canara Bank, Represented by Branch Manager, No.63, Railway Parallel Road, K.P.West, Bengaluru – 560 020.
… Respondents (By Sri.Y.D.Harsha, AGA for R-1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to issue direction to defreez the savings bank account of the petitioner bearing No.0422101029115, of the with Canara Bank No.63, Railway Parallel Road, K.P.West, Bengaluru – 20 produced at Annexure-A as it is illegal and unconstitutional and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER None for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent No.1.
In this petition, the petitioner has prayed for the following reliefs:
“a. Issue a writ of Mandamus or any other writ, order or direction to defreez the savings bank account of the petitioner bearing No.0422101029115, of the with CANARA Bank, No.63, Railway Parallel Road, K.P.West, Bengaluru – 20, produced at Annexure-A, as it is illegal and unconstitutional;
b. Direct the respondents to pay the cost of this petition and c. Grant such other and further relief/reliefs as this Honourable Court feels just and reasonable in the facts and circumstances of the case.”
2. When the matter was taken up today, learned Additional Government Advocate submitted that the controversy involved in the instant writ petition is squarely covered by an order of this Court dated 14.06.2018 passed in ‘W.P.No.14816/2018 (GM-RES)’ in the case of Sri.Gnanesh Byrappa vs. The State of Karnataka and Ors.
3. In view of the aforesaid submission and for the reasons assigned in the aforesaid order, the writ petition is disposed of with a direction that in case the petitioner furnishes a bond before the Principal District and Sessions Judge, Bengaluru in Crime No.73 of 2018, in respect of the amount invested by him, the learned trial Judge shall issue directions to de-freeze the account as ordered hereinabove. Ordered accordingly.
Sd/- JUDGE dn/-