The High Court · 2025

The State of Telangana, Represented_ by ils principal Secretary. Home Department, Secretariat. Hyberabad, feiungana. "- - The Jnvestigating officer, Gadwar rown porice station..(rn connection with FIR No. 1341202s). Jogutamba Gadwat OistriJt, r6ia-niana. [Vl/s- Canara Bank, Kurnool branch, Rep by its Branch Arlanager, Having office at H.O, PB, No.31, Park Road, Kuinoot, n.p. SIAOOi - ...RESPONDENTS Petition under Articre 226 of rhe constitution of rndia praying that in the -rry '0" circumstances stated in the affidavit fiied therewith, the High'cJr.t pleased to issue a writ order or Direction more particurarry o rie in tl.re natuie ot writ of Mandamus or any other appropriate writ, decraring the action of the 2nd Respondent in freezing the current Account of the pelition",. .o,.nprny- uid" current A/c. No. 066 120100200g of canara Bank, Kurnoor lr,4ain Bianch, maintained with the Respondent No.3 bank, in connection with FrR No. 13412025, as being illegal, arbitrary, u nconstitutiona l, in viotation oi ihe provisions of the Articre 19(1)(g) of the constitution of lndia ,no set aside the same and Direct the Respondents, particurarry nesponoent tto. z, to forthwith defreeze the current account bearing No. 066120i002009 of canara Bank, Kurnool [\4ain Branch, maintained with th6 3rd Respondent ano attow the Petitioner to operate the said account without any hindrance, in the interesf of justice. "on."qr"nflv lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in thr-' in the affidavit filed in support of the petition, the High Co Direct the Respondents, particularly Respondent No. 2, tc current account of the Petitioner i.e., Current lr 0661201002009 maintained with the 3rd Respondent, anc operate the said account without any hindrance, pendin,; Writ Petition in the interest of Justice. circu mstances stated rrt may be pleased to orthwith defreeze the count bearing No. rllow the Petitioner to d isposal of the main Counsel for the Petitioner: SRI PAWAN KUMAR AGARWTI - Counsel for the Respondent No.1 & 2: ASST. GP FOR HCIIE Counsel for the Respondent No.3: - - - - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 3 4837 of2025 ORDER: Heard Mr. Pawan Kumar Agarwal, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2' With their consent' this writ petition is taken up for disposa-l at the admission stage itself. 2 This writ petition is filed seeking following prayer:- "...to issue a Wit Order or Direction more partianlarly one in the ndture of Writ of Mandamus or any otler appropiate u-tit, declaing the action of the 2nd Respondent in freenng th.e Curent Account of the Petitioner companA uide current A/c. No. 0661201002009 of Canara Bank, Kumool Main Branch, maintained tttith the Respondent No' 3 bank, in connection with FIR No. 134/ 2025, as being illegal, orbitrary, unconstitutional, in uiolation of the prouisions of th,e Articte 1g(1)(g) of the Constitution of lndio and consequentlg to set aside the same and direct the Respondents, partianlarlg Respondent No' 2, to fonhuith defreeze the curent account bearing No' 06612O1OO20O9 of Canara Bank, KurnooL Main Brancll maintained tt;ith the 3rd Respondent and allow tle Petitioner to operate the soid crccount u,tithout ang hindrance, in the interest of justice and to pass..."

3.Brieffactsstatedinthiswritpetitionarethatthepetitioner is a company registered under the provisions of Companies Act' 1956, carrying on business under the name an<l style "Can Fin Homes Ltd" and is promoted by Canara Bank, :ngaged in the business of Housing F inance and other financiat activitie s. It is submitted that the petitioner company is holding r, -rrrent Account No. 0661201002009 maintained with respondenl No.3. The said account has been frozen by respondent No.2, in c :nnection with FIR No. 134 of 2025 dated 18.06.2025, registered r .gainst one Mr. V. Tirumala Rao, Branch Manager of Can Fin I Kurnooi Branch, for an a-lleged offence of murd : omes Limited, '. It is further submitted that the freezing of the petitioner,s bran< h's operational current account is distinct from the personal z ccount of the accused and that the freezing of the same has brtr-l Iht the day-to- day finance activities of the petitioner to a complelt standstill and is severely impacting its operations ald the financi of its numerous customers. It is further subrr rl transactions itted that al approximate sum of Rs. 1,89,65,36O/- has been fro account as of September 30th, causing imnr ;en in the said :nse financial prejudice and operational paralysis to the petitione: 4. Learned counsel for the petitioner submitted r the petitioner's current account is arb. 1 unconstitutional exercise of power and wholly disp. hat freezing of :a-ry, illegal, oportionate to the alleged offence beyond the scope of Section lOIl of the Code of I I i I I Criminal Procedure, 1973 and that respondent No'2 has acted without jurisdiction and freezed the petitioner's account, which is not the personal account of the accused i.e., Mr' V' Tiruma'la Rao, and that there is no nexus between the funds of the current account and the alleged murder. Aggrieved by the same, this present writ petition is filed.

5. Learned Assistant Government Pleader for Home appearing for respondent Nos. I and 2 has placed on record instructions issued by the Inspector of Police, Gadwai Circle, Jogulamba Gadwal District, wherein it is submitted that on 18'06'2025 at 1O.OO hours, Sri Ganta Tejavardhan, lodged a written complaint stating that comPlainant his younger brother Tejaswar, who is surveyor by occupation, has left home on 17.06.2025 around 09.30 hours and did not return home and thereafter he made an enquiry and came to know that younger brother's motor cycle bearing No.AP22-AN-3g3gwasfoundatFathimalTIcollege,Gadwal'then he caused enquiry with his brother's friends and r:.elatives but it was in vain and requested the Gadwal Police to trace his brother. Basing on the said complaint, the Sub-Inspector of Police registered a case in Cr. No. 134 12025 dated 18'06'2025, under Sections 103 (1), 23a, 6L (2) (a), 140 (l), 49, 249 read with 3(5) BNS, altered from "Man Missing". Later, on 2\.(tr,.2O2S at 16:00 hours, the missing person,s dead body was fou:.t I at Karakatta, near the Galeru Nagari Srujala Sravanthi prcS e :t, Sugalimetta Village, within the limits of panyam police Star.i rn. During the investtgation, . .it was found that accused course of No. i -/Varramula Tirumala Rao was operating a bank account No.4178101000362 in Canara Bank and was sL{ pected to have motive a,d was linked u'ith conspiracy to the offe.r :e and in order to safeguard the financial trail and prevent tamper ng of evidence, respondent No.2 issued notices on 23.06.2025 t: the bank to temporarily freeze the said bank accounts linke c with mobile Nos. 8885423743, 6303123013 and the informrtion regarding freezing of bank accounts was filed befor,: the learned 1"t Additional Judicial First Class Magistrate Gadwal on 27 .06.2025. On further investigation, it was re,z :a_led that the accused rvas involved in the heinous offence of rr.r rrder and that substantia-l amounts were transferred from his b: rk account to the c.-accused, which strongly indicates the finarL, ia_l nexus and conspiracy behind the commission of the crime aI: in view of the incriminating materia_l collected during investigati rn, the police under Sections 94, lO6 of BNSS are empowered to ,; >ize and, freeze any properfy, including bank accounts, which ir; suspected to have been used in the commission of an offence or which constitutes proceeds of crime.

6. Learned Assistant Government Pleader for Home submitted that freezing of bank account is a necessa5r step to prevent the accused or co-accused from diverting or dissipating the funds that are vital for the investigation. It is further submitted that if the bank account is defreezed at this stage of investigation, it would defeat the object of the investigation. Hence, the action of the police in freezing the account is bona fide, legal and necessary for effective investigation, and the petitioner is not entitled to seek defreezing of the said account at this stage. 7 . On perusal of record, it appears that the petitioner is a company and that Sri V. Tirumala Rao is working as manager in petitioner's company at Kurnool branch. He is arrayed as accused No-l in crime No.134 of 2025 dated 18.06'2025 and his mobile numbers are linked to petitioner's bank account' 8. The learned Assistant Government Pleader for Home after arguing at length fairly submits that there is no nexus being made with respect to the petitioner's bank account with the accused No.1 account. g. In the case on hand, it is pertinent to note that there is no justification in continuing to freeze the petitioner's bank account q { l l I I I i I I I I I l I ald the learned Assistant Government pleader ftr r1y submits that as on date, during the investigation, there is no rr ,xus being made with respect to the petitioner,s bank account rv th the accused No.1 account. either side, this u,rit petition

10. Having considered the submissions made b1. learned counsel dispose 1 of directing respondent No.3 to delreeze the petitioner,s lank account. However, this order does not preclude the resg,r ndent No.2 to proceed with the investigation in crime No.134 [ 2025, dated 18.06.2025. IS

11. Accordingly, this writ petition is disposed of. Miscellaneous petitions, if any, pending in th s writ petition shall stand closed, No costs //TRUE COPY// sD/-A.t-,s. GOWRT SHANKAR AS ilSTANT REGISTRAR \ \ecrror,r oFFtcER To, 1 2 Jmffi j***: 4 q 6 HIGH COURT DATED:2611112025 \ t ORDER WP.No.34837 ot 2025 a {ii! S74 ) 0 5 "Air 202[ .Jr \Qt-.cc,,.,.-r .:\ ,i z {) \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (^- rq $/