- 1 - NC: 2025:KHC:12644 CRL.P No. 13740 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. 13740 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 SCIENTIFIC CLOCK TAKHATSINGHJI MAIN ROAD NEAR OLD MAHAJAN CHOWK MORBI 363641 DISTRICT RAJKOT GUJARAT 36005 REP BY ITS BRNACH HEAD MR JETHAVA KARTIK NAVINCHANDRA AGED ABOUT 40 YEARS ALSO AT JETHAVA KARTIK NAVINCHANDRA SOHAM B. 15 SHREE LAXMI RESIDANCY NAER SONTOSH 150 FEET RING ROAD, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12644 CRL.P No. 13740 of 2024 NANWATI CHOWK RAJKOT GUJARAT - 360005 …PETITIONER (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. STATE OF KARNATAKA BENGALURU CEN CRIME POLICE STATION, BENGALURU CITY REPRESENTED BY SPP HONBLE HIGH COURT OF KARNATAKA BENGALURU - 01. 2. SUROJIT BOSE S/O LATE SIBU KUMAR BOSE, AGED ABOUT 45 YEARS R/AT 1ST FLOOR MATHRUSHREE NO.203, SILVER OAK KARNASREE MEDAHALLI BIDARAHALLI HOBLI, BENGALURU DISTRICT KARNATAKA - 560049 …RESPONDENTS (BY RAHUL RAI, HCGP FOR R1; SRI. R V ANAND., 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 28.10.2024 PASSED BY THE CHIEF JUDICIAL MAGISTRATE BENGALURU IN CRIME NO.309/2024 THAT IS ANNEXURE C IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVING/CURRENT ACCOUNT NO.923020050892332 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 - 3 - NC: 2025:KHC:12644 CRL.P No. 13740 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:12644 CRL.P No. 13740 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 28.10.2024 passed in Crime No.309/2024 by the learned Chief Judicial Magistrate, Bangalore District, Bangalore is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0