- 1 - NC: 2025:KHC:12648 CRL.P No. 14436 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. 14436 OF 2024 (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 380006, GUJARAT 1. AXIX BANK LTD PARAMKUDI BRANCH 12/338-5-1 GROUND FLOOR PREMA RAYAN TOWER THIRUVALLUR NAGAR MADURAI MANDAPAM ROAD PARAMKUDI DIST RAMANATHAPURAM TAMIL NADU-623707. 2. AXIX BANK LTD PIPAR CITY BRANCH GROUND FLOOR BUILDING NO.2154/7-C VYAS BHAVAN STATION ROAD PIPAR CITY DIST JODHPUR RAJASTHAN PINCODE-324601. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:12648 CRL.P No. 14436 of 2024 REP BY ITS BRANCH HEAD MR.M SARAVANA MAHENDRAN AGED ABOUT 40 YEARS ALSO AT AADHAR NUMBER 9618 8505 9175 MANI 196 POLIKARA STREET VELIPATTANAM RAMANATHAPURAM-623504. …PETITIONERS (BY SRI. UNNIKRISHNAN M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY K G F CEN CRIME POLICE STATION KGF DISTRICT REP BY SPP HON'BLE HIGH COURT OF KARNATAKA BANGALORE-01. 2. SRI. MALATESH H TUMARIKOPPA S/O HANUMANTHAPPA AGED ABOUT 57 YEARS R/AT SRIVARI LAYOUT KRISHNAVARAMA MAIN ROAD BEML LAYOUT KGF KGF KARNATAKA. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; NOTICE TO R2 IS SERVED & UNREPRESENTED) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 27.08.2024 PASSED BY THE HONBLE COURT OF THE SENIRO CIVIL JUDGE AND PRL.J.M.F.C K.G.F IN - 3 - NC: 2025:KHC:12648 CRL.P No. 14436 of 2024 CR.NO.17/2024 I.E ANNEXURE-C IN TERMS OF WHICH THE PETITIONERS ARE DIRECTED TO DEFREEZE THE CURRENT ACCOUNT BEARING (1) A/C NO.912010054432368 AND (2) A/C NO.923010071170829 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 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 - NC: 2025:KHC:12648 CRL.P No. 14436 of 2024 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 amount to the accounts of the complainants, is required to hear the petitioner. Accordingly, the petition is allowed. The order dated 27.8.2024 passed in Crime No.17/2024 by the learned Senior Civil Judge and Prl. JMFC, KGF, is hereby set aside. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 0