- 1 - NC: 2025:KHC:12670 CRL.P No. 1782 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. 1782 OF 2025 BETWEEN: AXIS BANK LTD., A BANKING COMPANY, CARRYING ON THE REGULATION ACT 1949, INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT TRISHUL, 3RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE, LAW GARDEN, ELLIS BRDIGE, AHMEDABAD 380006, GUJARAT. 1. AXIS BANK LTD CHIRAWA BRANCH WARD NO 25, GROUND FLOOR, KHASRA NO 489 PILANI ROAD, CHRIAWA, RAJASTHAN 333026. 2. AXIS BANK LTD KALA GHODA FORT BRANCH GROUND FLOOR, SHOP NO 1 BUILDING TECHNO HERITAGE, NAGINDAS MASTER ROAD, FORT MUMBAI 400001. REPRESENTED BY ITS BRANCH HEAD, MR SUNNY DEVAL AGED ABOUT 38 YEARS NO 153 RISHI SIDHI NAGAR HARANATHPURA JHOTWARA JAIPUR, RAJASTHAN 302012. …PETITIONERS (BY SRI. UNNIKRISHNAN., ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12670 CRL.P No. 1782 of 2025 AND: 1. THE STATE OF KARNATAKA BY NORTH EAST CEN CRIME POLICE STATION, NORTH EAST DIVISION, BANGALORE CITY. REPRESENTED BY SPP HONBLE HIGH COURT OF KARNATAKA, BANGALORE 01. 2. RAJASHREE PRIYADARSINI W/O SANJOG BAI AGED ABOUT 42 YEARS RESIDING AT NO D 1203 KOLTEPATIL RAAGA, KANNUR, BENGALURU 562149 KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; NOTICE TO R2 IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THEORDERS, DATED 22.04.2024 AND 31.05.2024 PASSED BY THE HONBLE 45TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE, IN CRIME NO.119/2024 I.E., ANNEXURE 'C' DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT/SAVINGS ACCOUNT BEARING NO.922010013609692 AND A/C.924020001272504 MAINTAINED IN THE PETITIONERS BANK. THIS PETITION, COMING ON FOR ADMISSION, 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 - 3 - NC: 2025:KHC:12670 CRL.P No. 1782 of 2025 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 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 - 4 - NC: 2025:KHC:12670 CRL.P No. 1782 of 2025 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 orders dated 22.4.2024 & 31.5.2024 passed in Crime No.119/2024 by the learned 45th Additional Chief Metropolitan Magistrate, Bangalore is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0