- 1 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4058 OF 2025 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 GROUND AND FIRST FLOOR, C-1/12A, YAMUNA VIHAR, NEW DELHI-110 053. REPRESENTED BY ITS BRANCH HEAD, MR. MANISH KUMAR GAUR, AGED ABOUT 37 YEARS, ALSO AT: S/O RAJA RAM SHARMA 287/5 DURGA PUN EXTN, VTC MANDOLI, SUB SEEMA PURI, NORTH EAST DELHI-110093 …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CEN CRIME POLICE STATION, DEVARAJA SUB-DIVISION, MYSURU CITY. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE-01. 2. SRI. SRINIVASA MURTHY.V. S/O. LT. VENKATA SWAMY V, AGED ABOUT 67 YEARS, RESIDING AT NO.102, JNANAGANGA HOUSING SOCIETY, SUBRAMANYA NAGARA BOGADI, MYSURU-570 026, KARNATAKA …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. S.R.HEMANTH KUMAR, ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE ORDER, DATED 23.07.2024 PASSED BY THE 1ST ADDITIONAL SR. CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MYSURU CITY, IN CRIME NO.154/2024 I.E ANNEXURE 'C' IN TERMS OF WHICH THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS / CURRENT ACCOUNT BEARING A/C NO.924020013078613 MAINTAINED IN THE PETITIONER'S BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) To set-aside the Order, dated 23.07.2024 passed by the 1st Additional Sr. Civil Judge & Chief Judicial Magistrate, Mysuru City, in Crime No.154/2024 i.e - 3 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 ANNEXURE 'C' in terms of which, the Petitioner is directed to defreeze the Savings / current account bearing A/c No.924020013078613 maintained in the Petitioner's Bank and transfer the same to the account of the Respondent No.2. b) To pass such other orders as may be deemed expedient in the circumstance of the case and in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and learned counsel for respondent No.2. Perused the material on record. 3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that the issue in controversy involved in the present petition is directly and squarely covered by the judgment of a coordinate Bench of this Court in the case of Axis Bank Ltd., v. The State of Karnataka and Another [Crl.P No.1787/2023 disposed of on 14.12.2023] and the present petition may be disposed of in the above terms. 4. As rightly contended by the learned counsel for the petitioner, the issue in controversy in the present petition is covered - 4 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 by the judgment of this Court in the case of Axis Bank Ltd., v. The State of Karnataka and Another (supra), wherein it is held as under: “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 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 - 5 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 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, 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.” - 6 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 5. In view of the above, the writ petition is disposed of in terms of the order passed in the case of Axis Bank Ltd., v. The State of Karnataka and Another [Crl.P No.1787/2023 disposed of on 14.12.2023]. 6. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. ii. The order dated 23.07.2024 passed by the 1st Additional Senior Civil Judge and Chief Judicial Magistrate, Mysuru, in Crime No.154/2024 is hereby set aside. iii. Matter is remanded to the 1st Additional Senior Civil Judge and Chief Judicial Magistrate, Mysuru, 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 - 7 - HC-KAR NC: 2025:KHC:22310 CRL.P No. 4058 of 2025 money in favour of any person from the subject account. Subject to the aforesaid observations and directions, the Petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA List No.: 1 Sl No.: 0