- 1 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1070 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 BRANCH OFFICE AT BIKANER, RAJASTHAN, SREE GAURAV COMPLEX, DAGA MAIDAN, NEAR DAK BUNGALOW AND RAILWAY STATION RANI BAZAAR ROAD, BIKANER – 334004, RAJASTHAN. REPRESENTED BY ITS BRANCH HEAD, MR. JAGADISH JAT, AGED ABOUT 37 YEARS. ALSO AT S/O. SHRI RAM, WARD NO. 9, SHIV SHAKTI FARM HOUSE, KOLASAR, BIKANER, VTC KOLASAR, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 SUB DISTRICT. BIKANER, DISTRICT: BIKANER, RAJASTHAN - 334 001. …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY CENTRAL CEN CRIME POLICE STATION, BANGALORE DISTRICT. REPRESENTED BY SPP, HON’BLE HIGH COURT OF KARNATAKA, BANGALORE – 01. 2. SRI. A LEO CAMILO S/O. ARULNATHAN ALBERT, AGED ABOUT 39 YEARS, RESIDING AT NO.20, A GRACE COTTAGE, VENUGOPALSWAMY LAYOUT, EJIPURA VIVEK NAGAR, BENGALURU CITY, KARNATAKA – 560047. …RESPONDENTS (BY SRI. JAGADEESHA B. N. ADDL. SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 22.06.2024 PASSED BY THE HONBLE COURT OF THE 45TH ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU, IN CRIME NO.260/2024 I.E., ANNEXURE-C IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS/ CURRENT ACCOUNT BEARING A/C. NO.924010025669426 MAINTAINED IN THE PETITIONERS BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 ORAL ORDER The petitioner in this case is again Axis Bank. 2. Heard Sri Unnikrishnan M., learned counsel for the petitioner and Sri. B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1. 3. Learned counsel appearing for the petitioner submits that in all identical cases coordinate benches have allowed the petitions and remitted the matter back to the office of the learned Magistrate to permit the petitioner to file his objections with liberty to appear and then consider applications filed under Sections 451 and 457 of Code of Criminal Procedure, 1973. 4. I deem it appropriate to quote the orders so passed in Crl.P.No.1787/2023 dated 14.12.2023: "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 - 4 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 under Sections 451 and 457 of Cr.P.C. by the complainant/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. Learned Special Public Prosecutor 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 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 - 5 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 hear the petitioner. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. ii. The order dated 26.11.2021 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.452/2021 is hereby set aside. iii. Matter is remanded to 1st Additional Chief Metropolitan Magistrate, Bengaluru to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after giving the opportunity of hearing to the petitioner. iv. Till the application is disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account." In Crl.P.No.13487/2023 c/w. Crl.P.Nos. 10201/2023, 12091/2023, 13483/2023, 13489/2023, 13611/2023, 13627/2023, 13940/2023, 13955/2023, 98/2024, 128/2024, 356/2024, 357/2024 dated 12.02.2024: "7. Having heard the arguments of both side, perused the records. The Trial Courts have passed the impugned orders in these cases for de-freezing the accounts of the customers and releasing the amounts, without giving opportunity of hearing to the petitioner - Bank. - 6 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 If the orders of the Magistrate are not complied with, it amounts to violation of court order and they face contempt. Therefore, before de- freezing the accounts, it is necessary for the Trial Court to give opportunity to the petitioner of being heard in the matter and then pass appropriate orders since some of the customers do not have any amounts in their accounts and some of the customers are having lesser amount or zero balance. Hence, it is necessary for this Court to set aside the impugned orders with liberty to the petitioner to approach the various courts and after hearing the petitioner - Bank, the Courts can pass appropriate orders. 8. Accordingly, I pass the following: ORDER (i) These Criminal Petitions are allowed. (ii) The impugned orders passed by the Trial Court given in the tabular form below are hereby set aside: Sl. No. Crl. P. No. Impugned order dated Addl. Chief Metropolitan Magistrate CR. No. 1 13487/2023 17/02/2023 I A.C.M.M. 1213/2022 2 10201/2023 07/07/2023 C.J.M., BANGALORE RURAL DIST. Crl. Misc. No.177/2022 3 12091/2023 05/01/2023 II Addl. Sr. Civil Judge and JMFC Chikkaballapura CR. No. 45/2022 4 13483/2023 13/10/2023 I A.C.M.M. CR. No. 200/2023 5 13489/2023 11/08/2023 I A.C.M.M. CR. No. 124/2023 6 13611/2023 30/09/2023 I A.C.M.M. CR. No. 196/2023 7 13627/2023 12/04/2023 I A.C.M.M. CR. No. 02/2023 8 13940/2023 18/07/2023 I A.C.M.M. CR. No. 1060/2022 9 13955/2023 15/08/2023 I A.C.M.M. CR. No. 05/2023 - 7 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 10 98/2024 08/08/2023 I A.C.M.M. CR. No. 1051/2023 11 128/2024 24/07/2023 I A.C.M.M. CR. No. 969/2022 12 356/2024 31/07/2023 C.J.M., BANGALORE RURAL DISTRICT CR. No. 197/2023 13 357/2024 07/06/2023 I A.C.M.M. CR. No. 136/2023 (iii) The Trial Court is directed to hear the petitioner and the respondents and dispose of the matters in accordance with law, afresh. (iv) Till disposal of the cases by the Trial Court, the petitioner-Bank is restrained from releasing the amounts of de-freezed accounts of customers or complying the order of the Magistrate." In the light of the orders passed by the coordinate benches as quoted hereinabove, as also same was being held in other cases, I deem it appropriate to dispose of this petition by passing the following: ORDER i. Criminal Petition is allowed. ii. The order dated 22.06.2024 passed by the 45th Additional Chief Judicial Magistrate, Bengaluru in Crime No.260/2024 is hereby set aside. - 8 - NC: 2025:KHC:5432 CRL.P No. 1070 of 2025 iii. Matter is remanded to 45th Additional Chief Judicial Magistrate, Bengaluru to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after affording opportunity of hearing to the petitioner. iv. Till the application is disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account. v. In the light of the issue pending for such consideration, I deem it appropriate to direct the concerned Court to dispose the application so filed under Sections 451 and 457 of Cr.P.C. as expeditiously as possible, at any rate, within eight weeks from the date of receipt of copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Naa List No.: 19 Sl No.: 24