- 1 - NC: 2025:KHC:12653 CRL.P No. 236 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. 236 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, OPP: SAMARTHESHWAR TEMPLE, LAW GARDEN, ELLIS BRIDGE, AHMEDABAD - 380 006, GUJARAT. AND HAVING ONE OF ITS BRANC OFFICE AT 1) GROUND FLOOR, UNIT NOS. 3 AND 4A, THE LINK OF JAYPRABAT CHS LTD., LINK ROAD, D N NAGAR, ANDERI (WEST) MUMBAI - 400 053. 2) DEFENCE COLONY NEW DELHI B-81 DEFENCE COLONY, NEW DELHI - 110 024 REPRESENTED BY ITS BRANCH HEAD, MR. NITIN SHARMA SHETTY AGED ABOUT 38 YEARS ALSO AT S/O SHARMA SHETTY ROOM NO.16, SURUSHA CO-OP HSG SOCIETY 4TH FLOOR, V N PURAV MARG Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12653 CRL.P No. 236 of 2025 OPP. SHIVAJI GARDEN SION CHUNABHATTI EAST MUMBAI - 400 022. …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WEST CEN CRIME POLICE STATION, DCP WEST DIVISION, BANGALORE DISTRICT, REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA BANGALORE - 01. 2. SRI MAHESH KUMAR T S/O THIMMAIAH T AGED ABOUT 44 YEARS, RESIDING AT NO.304/B, 1ST FLOOR, 10TH MAIN, 1ST STAGE, MANJUNATH NAGAR BASAVESHWARANAGAR BENGALURU CITY KARNATAKA - 560 079. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SMT. MANORANJINI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED: 04.11.2024 PASSED BY THE HON'BLE COURT OF THE 45TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, IN CRIME NO. 565/2024 I.E, ANNEXURE 'C' IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS / CURRENT ACCOUNT BEARING A/C NO. 923020035360106 & A/C NO. 923020054336500 MAINTAINED IN THE PETITIONER'S BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2 AND ETC. - 3 - NC: 2025:KHC:12653 CRL.P No. 236 of 2025 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 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 - 4 - NC: 2025:KHC:12653 CRL.P No. 236 of 2025 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 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 4.11.2024 passed in Crime No.565/2024 by the learned 45th Additional Chief Judicial Magistrate, Bengaluru is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0