- 1 - NC: 2025:KHC:12641 CRL.P No. 12881 of 2024 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. 12881 OF 2024 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 THISHUL 3RD FLOOR, OPP: SAMARTHESHWARA TEMPLE, LAW GARDEN, ELLIS BRIDGE AHMEDABAD -380 006, GUJARAT. AND HAVING ONE OF ITS BRANCH OFFICE AT WARD NO.12, ROW NO.546/547/548/549/550, THOTTUNKAL TOWERS, NH 17, VADANAPPALLY, CILANKA JUNCTION, VADANAPPALLY 680 614. REPRESENTED BY ITS BRANCH HEAD, MR. ASHOK NANDAKUMAR AGED ABOUT 42 YEARS, ALSO AT S/O A K NANDAKUMAR, G4 PRAYAG. C-BLOCK, 2ND FLOOR, FLAT NO.C2 AYYANTI 53/984/53 KANNATH LANE, AYYANTHOLE, VTC THRISSUR, PO AYYANTHOLE, DIST THRISSUR KERALA-680003. …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12641 CRL.P No. 12881 of 2024 AND: 1. THE STATE OF KARNATAKA BY CEN CRIME POLICE STATION, CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE-01 2. MARUTHI. H. BHAJANTRI. S/O. HANUMANTHAPPA, AGED ABOUT 41 YEARS, POLICE CONSTABLE, R/AT. ANAKANURU VILLAGE, CHIKKABALLAPURA TALUK-562101. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. A C MANJUNATH, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 20.12.2023 PASSED BY THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, IN CRIME NO.90/2022 i.e, ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING NO.922020045458377 MAINTAINED IN PETITIONERS BANK. THIS PETITION, COMING ON FOR ORDERS, 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 filed under Sections 451 and 457 of Cr.P.C. by the - 3 - NC: 2025:KHC:12641 CRL.P No. 12881 of 2024 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 petitioner/bank in executing the said order, since the - 4 - NC: 2025:KHC:12641 CRL.P No. 12881 of 2024 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 20.12.2023 passed in Crime No.90/2022 by the learned II Additional Senior Civil Judge and JMFC, Chikkaballapura, is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0