IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39733/2018 (GM-RES) BETWEEN MR. TEJAS D VASANI, S/O MR.DHARMENDRA, AGED ABOUT 24 YEARS, PRESENTLY RESIDING AT NO.34/1, 1ST FLOOR, 3RD CROSS, 2ND STAGE, HARI OM NIVAS, OKALIPURAM, BENGALURU – 560 021.
... PETITIONER (BY SRI.DILRAJ ROHIT SEQUEIRA, ADV.) AND:
1. THE STATE OF KARNATAKA, THROUGH BANASHANKARI POLICE STATION, BANASHANKARI, BENGALURU – 560 085.
2. THE STATE BANK OF INDIA, REPRESENTED BY BRANCH MANAGER, NO.34/1, 1ST FLOOR, 3RD CROSS, 2ND STAGE, HARI OM NIVAS, OKALIPURAM, BENGALURU – 560 021.
3. THE DENA BANK, REPRESENTED BY BRANCH MANAGER, KEMPEGOWDA ROAD, BENGALURU – 560 001.
... RESPONDENTS (BY SRI VIJAYA KUMAR A. PATIL, AGA.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO DEFREEZ THE SAVINGS BANK ACCOUNTS OF THE PETITIONER BEARING NO.ACCOUNT BEARING 64115695281 AND NO.007810023958 OF THE STATE BANK OF INDIA AND DENA BANK, K.G.ROAD BRANCH, BENGALURU, PRODUCED AT ANNEXURE – A & B, AS IT IS ILLEGAL AND UNCONSTITUTIONAL ETC.
THIS WRIT 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.64115695281 and No.007810023958, of the State Bank of India and Dena Bank, K.G.Road Branch, Bangalore, produced at Annexure-A & B, 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 accounts as ordered hereinabove. Ordered accordingly.
Sd/- JUDGE nvj