- 1 - NC: 2025:KHC:12657 CRL.P No. 392 of 2025 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. 392 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, OPPOSITE SAMARTHESHWAR TEMPLE LAW GARDEN, ELLIS BRIDGE AHMEDABAD-380 006, GUJARAT. AND HAVING ITS BRANCH OFFICE AT AXIS BANK LTD., GROUND FLOOR AROMA AVENUE SHOP NO. 31,32,39 AND 40 VIJAPUR MEHSANA MAIN, HIGHWAY ROAD OPP P.B. COTTON, DIST MEHSANA GUJARAT-382 870 REPRESENTED BY THE BRANCH HEAD MR. HEMANG NALINKUMAR BHATT AGED ABOUT 49 YEARS ALSO AT S/O NALINKUMAR BHATT 35 ROYAL PARK SOCIETY NEAR PALACE, MAHAVIRANAGAR HIMATNAGAR SABARKANTHA, GUJARAT-383 001. …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12657 CRL.P No. 392 of 2025 AND: 1. THE STATE OF KARNATAKA BY SOUTH EAST CEN CRIME POLICE STATION SOUTH EAST DIVISION, BANGALORE REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA BANGALORE. 2. KUNAAL NAIK S/O PREMANANDA NAIK AGED ABOUT 36 YEARS R/AT C405, PURVI LOTUS APARTMENT 24TH MAIN, HSR LAYOUT BENGALURU-560068 ALSO AT R/AT C405, PURVI LOTUS APARTMENT 24TH MAIN, NEAR UJJALA FACTORY HOSAPALYA MAIN ROAD HSR LAYOUT BENGALURU-560 068. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R-1; SRI. PRAVEEN DANAGERI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 29.06.2024 PASSED BY THE HON'BLE 45th ACMM, BANGALORE IN CRIME NO.375/2024 i.e., ANNEXURE-C DIRECTING THE PETITIONERS TO DEFREEZE THE ACCOUNT BEARING A/C NO.923010055214484 MAINTAINED IN THE PETITIONER BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2 AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC:12657 CRL.P No. 392 of 2025 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:12657 CRL.P No. 392 of 2025 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 29.6.2024 passed in Crime No.375/2024 by the learned 45th Additional Chief Metropolitan Magistrate, Bangalore is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0