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2025 DAILYLAW 29450 (KAR)

AXIS BANK LTD v. THE STATE OF KARNATAKA BY

CRL.P/8694/2025 · 2025-06-27

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22850 CRL.P No. 8694 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8694 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 25, SRINAGAR MAIN ROAD, NEW GARIA SOUTH 24, PARGANAS, KOLKATA WEST BENGAL – 700 094. REPRESENTED BY ITS BRANCH HEAD, MR. SAUREN SAHA AGED ABOUT 50 YEARS ALSO AT: URBAN SUBUJAYAN 1ST FLOOR FLAT, 1 PLOT NO.62 JAGADIPATA MUKUNDAPUR SONARPUR WEST BENGAL. …PETITIONER (BY SRI. UNNIKRISHNAN M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KEMPAPURA AGRAHARA POLICE STATION, VIJAYANAGAR SUB-DIVISION, BANGALORE DISTRICT REPRESENTED BY SPP HONBLE HIGH COURT OF KARNATAKA BANGALORE – 01. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22850 CRL.P No. 8694 of 2025 2. SMT. SHWETHA K C C/O ATHISH N G AGED ABOUT 25 YEARS RESIDING AT NO.28, 10TH CROSS, CHOLURUPALYA BENGALURU CITY – 560 023. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 19.06.2024 PASSED BY THE HONBLE COURT OF THE 24TH ADDL. CJM, BENGALURU, IN CR.NO.38/2024, i.e., ANNEXURE-C IN TERMS OF WHICH THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS/CURRENT ACCOUNT BEARING A/C NO.923010072438737 MAINTAINED IN THE PETITIONERS 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, petitioner seeks for the following reliefs:- “ a) To set aside the Order Dated: 19.06.2024 passed by The Hon’ble court of the 24th Additional Chief Judicial Magistrate, Bengaluru, in Crime No. 38/2024 i.e., ANNEXURE-‘C’ in terms of which, the petitioner is directed to defreeze the Savings/current account bearing A/c. 923010072438737 maintained in the Petitioner’s Bank and transfer the same to the account of the Respondent No.2 b) To pass such other orders may be deemed expedient in the circumstances of the case and in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC:22850 CRL.P No. 8694 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent and 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 the Co-ordinate Bench of this Court in the case of Axis Bank Ltd., Vs. The State of Karnataka and Anr. – Crl.P.No.1787/2023 dated 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 by the judgment of this Court in the case of Axis Bank Ltd. 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 - 4 - HC-KAR NC: 2025:KHC:22850 CRL.P No. 8694 of 2025 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 - 5 - HC-KAR NC: 2025:KHC:22850 CRL.P No. 8694 of 2025 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. 5. Till the application is disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account.” 5. In view of the above, petition is disposed of in terms of the order passed in Axis Bank Ltd.’s case supra. 6. Accordingly, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The order dated 19.06.2024 passed by the 24th ACJM, Bangalore, in Crime No.38/2024 is hereby set aside. (iii) Matter is remitted back to the 24th ACJM, Bangalore, to - 6 - HC-KAR NC: 2025:KHC:22850 CRL.P No. 8694 of 2025 reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after giving a n 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. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.