IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39737 OF 2018 (GM - RES) BETWEEN:
MR.PRAGNA P SALOT W/O MR.PRAFULLCHANDRA S SALOT AGED ABOUT 65 YEARS PRESENTLY RESIDING AT NO.12/1, RESERVOIR ROAD NEAR CANARA BANK KUMARA PARK WEST SHESHADRIPURAM BANGALORE – 560 020.
(BY SRI. DILRAJ ROHIT SEQUEIRA, ADV.) AND:
1. THE STATE OF KARNATAKA THROUGH BANASHANKARI POLICE STATION BANASHANKARI BANGALORE – 560 085. REPRESENTED BY INSPECTOR OF POLICE.
2. THE CANARA BANK REPRESENTED BY BRANCH MANAGER NO.63, RAILWAY PARALLEL ROAD K.P. WEST BANGALORE – 560 020.
(BY SRI. Y.D.HARSHA, AGA) … PETITIONER … RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO DEFREEZ THE SAVINGS BANK ACCOUNT OF THE PETITIONER BEARING NO.0422101010393 OF THE WITH CANARA BANK, K.G.ROAD BRANCH BANGALORE PRODUCED AT ANNEXURE – A AS IT IS ILLEGAL AND UNCONSTITUTIONAL AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Dilraj Rohit Sequeira, learned counsel 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.0422101010393, of the with CANARA Bank, K.G.Road Branch, Bengaluru, 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 City Civil 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 VMB