- 1 - NC: 2025:KHC:12643 CRL.P No. 12969 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. 12969 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. 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 AXIS BANK LTD, AND HAVING ONE OF ITS BRANCH OFFICE AT TAR ARCADE, PLOT NO.165A AND 166, ZONE-1, M.P.NAGAR, BJHOPAL 462 011. REPRESENTED BY ITS BRANCH HEAD, MR. SHALINI NANDA AGED ABOUT 40 YEARS, ALSO AT C/O ASHISH YADAV, OLIVE 544, RUCHI LIFESCAPES, JATKHEDI HUZUR, BHOPAL MADHYA PRADESH-462043. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12643 CRL.P No. 12969 of 2024 …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY NORTH EAST CEN POLICE STATION, NORTH EAST DIVISION, BANGALORE CITY. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE 01. 2. KUNJAL DHAKAD AGED ABOUT 30 YEARS, S/O. AMEY JOSHI, RESIDING AT NO.2101, PRESTIGE MONTE CARLO, DODDABALLAPURA MAIN ROAD, YELAHANKA, BENGALURU 560 064. KARNATAKA …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SMT. ROOPA B P, ADVOCATE FOR R2) THIS CRL.P FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 06.03.2024 PASSED BY THE 45tH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN CRIME NO.142/2024 THAT IS ANNEXURE C IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVING/CURRENT ACCOUNT NO.923020029076084 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:12643 CRL.P No. 12969 of 2024 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 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, - 4 - NC: 2025:KHC:12643 CRL.P No. 12969 of 2024 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 6.3.2024 passed in Crime No.142/2024 by the learned 45th Additional Chief Metropolitan Magistrate, Bangalore is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0