- 1 - NC: 2025:KHC:12645 CRL.P No. 13778 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. 13778 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 AND HAVING ONE OF ITS BRANCH OFFICE AT PLOT NO 8, INDRA COLONY CIVIL LINES ROAD MANTOWN, SAWAI MADHOPUR, RAJASTHAN 322001 REPRESENTED BY ITS BRANCH HEAD MR BISHWAMBHAR KUMAR JHA, AGED ABOUT 38 YEARS, ALSO AT S/O RAMANAND JHA, USHA NIWAS OPP USHA MARTIN WORLD SCHOOL PATNA GAYA ROAD GOPALPUR NEAR HORLICKS GODOWN VIDYAPATI NAGAR, SAMPATCHAK PATNA BIHAR 800007 …PETITIONER (BY SRI. UNNIKRISHNAN M.,ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12645 CRL.P No. 13778 of 2024 AND: 1. THE STATE OF KARNATAKA BY SOUTH CEN CRIME POLICE STATION, SOUTH DIVISION, BANGALORE CITY REPREENTED BY SPP HONBLE HIGH COURT OF KARNATAKA, BANGALORE. 2. MANJUNATH K C S/O CHANDRASHEKAR K V, AGED ABOUT 44 YEARS, R/AT NO FLAT NO 9 PUTTAGIRI RESIDENCY NO 20, 4TH CROSS HANUMAGIRI LAYOUT, CHIKKALASANDRA, BANGALORE 560061. …RESPONDENTS (BY RAHUL RAI, HCGP FOR R1; SRI. S N RAMA PRASAD., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 09.08.2023 PASSED BY THE HONBLE 1ST ADDL. CMM, BANGALORE IN CR.NO.257/2023 I.E., ANNEXURE-D, DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING NO.922020064924585 MAINTAINED IN THE PETITIONERS BANK. THIS PETITION, COMING ON FOR ADMISSION, 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 complainants/respondent No.2 - 3 - NC: 2025:KHC:12645 CRL.P No. 13778 of 2024 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 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 - 4 - NC: 2025:KHC:12645 CRL.P No. 13778 of 2024 amount to the accounts of the complainants, is required to hear the petitioner. Accordingly, the petition is allowed. The order dated 9.8.2023 passed in Crime No.257/2023 by the learned 1st Additional Chief Metropolitan Magistrate, Bangalore is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0