- 1 - NC: 2025:KHC:12656 CRL.P No. 383 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 383 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: AXIS BANK LTD A BANKING COMPANY CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT 1949 INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT 'TRISHUL' 3RD FLOOR OPPOSITE SAMARTHESHWAR TEMPLE LAW GARDEN ELLIS BRIDGE AHMEDABAD 380006, GUJARAT. AND HAVING ONE OF ITS BRANCH OFFICE AT GROUND FLOOR, SHOP NO. P-3 AND P-4, T.P. 07, FP NO. 81, SOMESHWAR TEXTILE MARKET, ANJANA, TALUKA, CHORIYASI, DIST. SURAT, GUJARAT - 395 002. REPRESENTED BY ITS BRANCH HEAD MR. KISHOR M WELEKAR AGED ABOUT 47 YEARS, ALSO AT SOMESHWAR TEXTILE MARKET BRANCH, GROUND FLOOR SHOP NO P3 P4, TP 07, SOMESHWAR TEXTILE MARKET, ANJANA TALUKA, CHORIYASI, SURAT -395002. …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12656 CRL.P No. 383 of 2025 AND: 1. THE STATE OF KARNATAKA BY NORTH CEN CRIME POLICE STATION, DCP NORTH DIVISION, BANGALORE DISTRICT. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE 01. 2. SMT. DEEKSHA D RAI D/O. DAYANANDA RAI, AGED ABOUT 27 YEARS RESIDING NO-20, C N PALYA, 2ND STAGE, NAGASANDRA, BENGALURU CITY, KARNATAKA - 560 073. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. M G KANTHARAJAPPA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 23.10.2024 PASSED BY THE HONBLE COURT OF THE 45th ACJM, BENGALURU IN CR.NO.534/2024 i.e., ANNEXURE-C IN TERMS OF WHICH THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS/CURRENT ACCOUNT BEARING NO.924020018849197 MAINTAINED IN THE PETITIONER BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner which is a Financial Institution is before this Court challenging the order passed by 1st Additional Chief Metropolitan Magistrate on an application filed under Sections 451 and 457 of Cr.P.C. by the - 3 - NC: 2025:KHC:12656 CRL.P No. 383 of 2025 complainants/respondent No.2 directing the petitioner- Bank to defreeze the amount belonging to the accused and transfer the said amount to the bank account of the complainants/respondent No.2. 2. The petitioner’s concern is that the order passed by the Jurisdictional Magistrate cannot be executed because it surpasses the specified release amount, and numerous courts across the Country have issued directives to the investigating agencies to unfreeze the bank accounts of the accused therein. 3. The learned High Court Government Pleader for the respondent No.1 - State on instructions would suggest that the matter may be remanded to the Jurisdictional Courts to consider the application filed under Sections 451 and 457 of Cr.P.C. afresh, by affording an opportunity of hearing to the petitioner. 4. Admittedly, multiple cases are registered against the accused herein within the State and across the country and there are multiple orders passed by the Jurisdictional Magistrates directing the petitioner to unfreeze the account of the accused and transfer the amount to the bank account of the complainants. The passing of multiple orders has caused difficulty to the petitioner/bank in executing the said order, since the - 4 - NC: 2025:KHC:12656 CRL.P No. 383 of 2025 amount ordered to be released in some accounts exceeds the amount available in the subject accounts of the accused. Therefore, the learned Magistrate before passing an order directing the petitioner to unfreeze and transfer the amount to the accounts of the complainants, is required to hear the petitioner. Accordingly, the petition is allowed. The order dated 23.10.2024 passed in Crime No.534/2024 by the learned 45th Additional Chief Judicial Magistrate, Bengaluru, is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0