- 1 - NC: 2025:KHC:12637 CRL.P No. 3121 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. 3121 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. 2. 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 OFFICES AT GROUND FLOOR, SURVEY NO.763/64, HOTEL BLUE STAR. MALNPUR, DIST. GWALIOR, MADHYA PRADESH, PINCODE - 474 010. GROUND FLOOR, SHOP NO.234. LAKE DISTRICT, 74/1, NARKELDANGA MAIN ROAD, KOLKATA, WEST BENGAL 700 054. REPRESENTED BY ITS BRANCH HEAD, MR. PIYUSH SAXENA AGED ABOUT 49 YEARS, ALSO AT S/O BHARAT PRASAD SAXENA F-9 VIVEK-VIHAR PALACE AREA Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12637 CRL.P No. 3121 of 2025 LASHKAT CITY GWAIAR MADHYA PRADESH 474009. …PETITIONERS (BY SRI. UNNIKRISHNAN M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SOUTHEAST CEN CRIME POLICE STATION, DCP SOUTH EAST DIVISION, BANGALORE DISTRICT. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE 01. 2. SMT. SHWETHA M D/O. K.MAHADEVAIAH, AGED ABOUT 37 YEARS, RESIDING AT NO.1069, D-CROSS, 4TH 'T' BLOCK, 26TH MAIN, JAYANAGAR, BENGALURU CITY, KARNATAKA 560 041. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; NOTICE TO R2-D/W) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 27.06.2024 PASSED BY THE HONBLE 45TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE, IN CR.NO.394/2024 i.e., ANNEXURE-C IN TERMS OF WHICH , THE PETITIONERS ARE DIRECTED TO DEFREEZE THE SAVINGS/ CURRENT ACCOUNT BEARING(1) NO. 922010057448105 AND (2) A/C NO. 923010072071813 MAINTAINED IN THE PETITIONERS 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 - 3 - NC: 2025:KHC:12637 CRL.P No. 3121 of 2025 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 - 4 - NC: 2025:KHC:12637 CRL.P No. 3121 of 2025 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 hear the petitioner. Accordingly, the petition is allowed. The order dated 27.6.2024 passed in Crime No.394/2024 by the learned 45th Additional Chief Judicial Metropolitan Magistrate, Bengaluru is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0