LATHIFA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question for consideration in this writ petition is whether the Sub-Inspector of Police, Vitla Police Station is justified in freezing the bank account of the petitioner under Section 102 of the Code of Criminal Procedure, 1973?

(2.) The petitioner contends that on 21.3.2011, Belthangady Police have illegally detained her son, daughter, brother. Aggrieved by the same, she gave a representation to the Superintendent of Police, Mangalore, to release them from the illegal custody. The Superintendent of Police neither gave any reply nor released them from the illegal custody. Therefore, the petitioner filed a habeas coipus petition in W.PNo.55/ 2011 before this Court. This Court issued the notice to the Police on 25.3.2011 and sought status report in the matter. On the same day, the detenues were produced before the JMFC, Bantwal, by the 4th respondent with a false story that they had indulged in commission of offences punishable under Sections 399 and 404 of the Indian Penal Code. On the basis of the status report filed by the Police, habeas corpus writ petition was disposed of by this Court on 5.4.2011. When the petitioner went to the 5th respondent-Bank to operate her bank account, the 5th respondent issued the endorsement at Annex-ure 'A' dated 25.4.2011 informing that her S.B. account No. 18186 has been freezed as directed by the 4th respondent.

(3.) The 4th respondent has filed the statement of objections contending that the petitioner and her husband Aboobakkar are hard core criminals. Aboobakkar was involved in many cases registered in various Police Stations. It is further contended that anticipating the seizure/recovery of the stolen money from his account in the event of his arrest, he has deposited the same in the bank account of his wife, the petitioner herein and his brother-in-law. It is further contended that the petitioner is now absconding and is trying to escape from the clutches of law. That is why her bank account has been seized.