Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14029 OF 2024 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, OPP SAMARTHESHWAR TEMPLE LAW GARDEN ELLIS BRIDGE AHMEDABAD 380-006, GUJARAT AND HAVING ONE OF ITS BRANCH OFFICE AT NO. 149, 80 FT ROAD, SHIVARAM KARANTH NAGAR POST, HEGDENAGAR OFF THANISANDRA MAIN RAOD BANGALORE, KARNATAKA-560 077 REPRESENTED BY ITS BRANCH HEAD, MR. SATISH N AGED ABOUT 46 YEARS ALSO AT:
S/O NAGARAJ K, #18 CHOWDESHWARI DEVI NILAYA RAJARAJESHWARI TEMPLE STREET NEAR KULLAPPA CIRCLE RAMASWAMY PALYA BENGALURU-560 033. …PETITIONER (BY SRI. UNNIKRISHNAN M, ADVOCATE) Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 AND:
1.
STATE OF KARNATAKA BY BENGALURU CEN CRIME POLICE STATION BANGALORE DISTRICT REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA BANGALORE-01.
2.
SMT. M.C PREMALATHA D/O LATE M.S THAMMANNA GOWDA AGED ABOUT 55 YEARS RESIDING AT #332 SREE JENUKAL NILAYA JAKKASANDRA NELAMANGALA BANGALORE DIST KARNATAKA-562 123. …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP FOR R1, R2-SERVED)
THIS CRL.P IS FILED U/S 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DTD 03.08.2024 PASSED BY THE HON'BLE COURT OF CJM, BENGALURU RURAL DISTRICT IN CR.NO.168/2024 i.e., ANNEXURE-C IN TERMS OF WHICH THE PETITIONER IS
DIRECTED TO DEFREEZE THE SAVINGS/CURRENT ACCOUNT BEARING NO.921010037791121 MAINTAINED IN THE PETITIONERS BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER
In this petition, the petitioner seeksz the following reliefs:
"a) To set aside the
Order, Dated: 03/08/2024 passed by The Hon'ble Court of Chief Judicial Magistrate, Bengaluru Rural District. in Crime No.168/2024 i.e. ANNEXURE 'C' in terms of which, the Petitioner is directed to defreeze the Savings / current account bearing No. 921010037791121 maintained in the Petitioner's Bank and transfer the same to the account of the Respondent No.2. b) To pass such other orders as may be deemed expedient in the circumstance of the case and in the interest of justice.
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.
3. Respondent No.2, having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition.
4. The issue involved in the present petition is directly and squarely covered by the decision/orders passed by the co-ordinate Benches of this Court in the following cases:
- 4 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024
i) Axis Bank Ltd. vs. State of Karnataka and another - Crl.P.No.340/2023 and connected matters dated 23.02.2024;
ii) Axis Bank Ltd. vs. State of Karnataka and another - Crl.P.No.9191/2023 and connected matters dated 14.12.2023; and
iii) Axis Bank Ltd. vs. State of Karnataka and another - Crl.P.No.3716/2023 and connected matters dated 25.04.2024;
5. The operative portion of the order passed in Crl.P.No.340/2023 and connected matters reads as under:
"ORDER (i) These Criminal Petitions are allowed; (ii) The impugned orders passed by the Trial Court as detailed below, are hereby set aside:
SL. NO.
CRL.P. NO.
ORDER DATED
ORDER PASSED BY CRL.NO.
01. 340/2023 14.09.2022 I A.C.M.M. 1044/2022
02. 3414/2023 18.01.2023 I A.C.M.M. 624/2022
03. 9225/2023 24.04.2023 CJM,BANGALORE RURAL DIST. 224/2022
04. 11063/2023 26.07.2023 I A.C.M.M. 346/2023
05. 9219/2023 26.04.2023 I A.C.M.M. 1257/2022
06. 10860/2023 27.06.2023 I A.C.M.M. 1027/2023
07. 12028/2023 31.05.2023 I A.C.M.M. 397/2023
08. 9696/2023 28.03.2023 I A.C.M.M. 1331/2022
09. 9879/2023 27.04.2023 I A.C.M.M. 74/2023
- 5 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024
10. 154/2024 15.03.2023 CJM,BANGALORE RURAL DIST. 33/2023
11. 875/2024 07.11.2023 II ADDL.SR.CJ & JMFC, CHIKKABALLAPUR 32/2022
12. 1819/2024 20.01.2024 XlV ACMM, BANGAL0RE 4135/2023
13. 865/2024 11.07.2023 I A.C.M.M. 1055/2022
14. 1078/2024 27.09.2022 XLV ACMM, BANGAL0RE 539/2022
15. 1164/2024 30.09.2023 XLV ACMM, BANGAL0RE 293/2023
16. 1292/2024 16.12.2023 XLV ACMM, BANGAL0RE 636/2023
17. 1550/2024 31.03.2023 I ADDL. SR.CJ & CJM MYSURU 12/2023
18. 1552/2024 10.08.2023 I A.C.M.M. 296/2023
19. 1646/2024 24.04.2023 CJM,BANGALORE RURAL DIST. 224/2022
20. 9958/2023 21.04.2023 I A.C.M.M. 216/2023
21. 10661/2023 18.07.2023 I A.C.M.M. 1060/2022
22. 11982/2023 04.03.2023 I A.C.M.M. 1060/2022 23 12204/2023 15.07.2023 I A.C.M.M. 265/2023 (iii) The Trial Court is directed to hear the petitioner - Bank and respective respondents and dispose of the applications in accordance with law, afresh.; (iv) Till disposal of the cases by the Trial Court, the petitioner-Bank is restrained from releasing the amounts of de-freezed accounts of customers or complying the order of the Magistrate.
- 6 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024
6. The operative portion of the order passed in Crl.P.No.9191/2023 and connected matters reads as under:
"ORDER i. Criminal Petitions are allowed. ii. Crl.P.No.9191/2023 - The
order dated 10.02.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.937/2022 is hereby set aside. iii. Crl.P.No.11198/2022 - The
order dated 06.09.2022 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.445/2022 is hereby set aside. iv. Crl.P.No.11219/2022 - The
order dated 14.10.2022 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.889/2022 is hereby set aside. v. Crl.P.No.11522/2022 - The
order dated 14.10.2022 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.889/2022 is hereby set aside. vi. Crl.P.No.12360/2022 - The
order dated 04.11.2022 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.912/2022 is hereby set aside. vii. Crl.P.No.724/2023 - The
order dated 27.10.2022 passed by the 1st Additional Chief
- 7 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 Metropolitan Magistrate, Bengaluru in Cr.No.762/2022 is hereby set aside. viii. Crl.P.No.3275/2023 - The
order dated 01.02.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1032/2022 is hereby set aside. ix. Crl.P.No.3397/2023 - The
order dated 19.01.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1072/2022 is hereby set aside. x. Crl.P.No.3401/2023 - The
order dated 03.11.2022 passed by the Principal Senior Civil Judge and Chief Judicial Magistrate, Mysuru in Cr.No.30/2022 is hereby set aside. xi. Crl.P.No.4368/2023 - The
order dated 07.02.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.772/2022 is hereby set aside. xii. Crl.P.No.4405/2023 - The
order dated 17.02.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.840/2022 is hereby set aside. xiii. Crl.P.No.4413/2023 - The
order dated 06.01.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.743/2022 is hereby set aside. xiv. Crl.P.No.4668/2023 - The
order dated 14.03.2023 passed by the 1st Additional Chief
- 8 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 Metropolitan Magistrate, Bengaluru in Cr.No.1060/2022 is hereby set aside. xv. Crl.P.No.4777/2023 - The
order dated 16.02.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1255/2022 is hereby set aside. xvi. Crl.P.No.5592/2023 - The
order dated 18.04.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.518/2023 is hereby set aside. xvii. Crl.P.No.5618/2023 - The
order dated 14.03.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1060/2022 is hereby set aside. xviii. Crl.P.No.5664/2023 - The
order dated 06.04.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1210/2022 is hereby set aside. xix. Crl.P.No.5834/2023 - The
order dated 10.02.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.874/2022 is hereby set aside. xx. Crl.P.No.5905/2023 - The
order dated 14.03.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1060/2022 is hereby set aside. xxi. Crl.P.No.6892/2023 - The
order dated 05.01.2023 passed by the 1st Additional Chief
- 9 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 Metropolitan Magistrate, Bengaluru in Cr.No.1183/2022 is hereby set aside. xxii. Crl.P.No.6893/2023 - The
order dated 15.03.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.676/2022 is hereby set aside. xxiii. Crl.P.No.6957/2023 - The
order dated 02.06.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1335/2022 is hereby set aside. xxiv. Crl.P.No.7739/2023 - The
order dated 16.05.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.211/2023 is hereby set aside. xxv. Crl.P.No.7741/2023 - The
order dated 16.05.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.211/2023 is hereby set aside. xxvi. Crl.P.No.7939/2023 - The
order dated 28.03.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.953/2022 is hereby set aside. xxvii. Crl.P.No.8086/2023 - The
order dated 01.06.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1245/2022 is hereby set aside. xxviii. Crl.P.No.8143/2023 - The
order dated 26.04.2023 passed by the 1st Additional Chief
- 10 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 Metropolitan Magistrate, Bengaluru in Cr.No.1257/2022 is hereby set aside. xxix. Crl.P.No.8276/2023 - The
order dated 16.03.2023 passed by the Senior Civil Judge and Principal, JMFC at K.G.F., in Cr.No.1/2022 is hereby set aside. xxx. Crl.P.No.8340/2023 - The
order dated 06.06.2023 passed by the Chief Judicial Magistrate, Bengaluru Rural District in Cr.No.77/2023 is hereby set aside. xxxi. Crl.P.No.8341/2023 - The
order dated 16.05.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1292/2022 is hereby set aside. xxxii. Crl.P.No.8342/2023 - The
order dated 03.06.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.18/2023 is hereby set aside. xxxiii. Crl.P.No.8844/2023 - The
order dated 06.04.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.857/2022 is hereby set aside. xxxiv. Crl.P.No.8851/2023 - The
order dated 27.07.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.365/2023 is hereby set aside. xxxv. Crl.P.No.8900/2023 - The
order dated 03.05.2023 passed by the 1st Additional Chief
- 11 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 Metropolitan Magistrate, Bengaluru in Cr.No.1250/2022 is hereby set aside. xxxvi. Crl.P.No.9158/2023 - The
order dated 21.06.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.412/2023 is hereby set aside. xxxvii. Crl.P.No.9263/2023 - The
order dated 14.03.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.1060/2022 is hereby set aside. xxxviii. Crl.P.No.9264/2023 - The
order dated 14.11.2022 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.816/2022 is hereby set aside. xxxix. Crl.P.No.10856/2023 - The
order dated 10.08.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.382/2023 is hereby set aside. xl. Crl.P.No.11172/2023 - The
order dated 06.05.2023 passed by the 3rd Additional Civil Judge and JMFC, Davanagere in Cr.No.13/2023 is hereby set aside. xli. Crl.P.No.11660/2023 - The
order dated 20.07.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.44/2023 is hereby set aside. xlii. Crl.P.No.11670/2023 - The
order dated 10.08.2023 passed by the 1st Additional Chief
- 12 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 Metropolitan Magistrate, Bengaluru in Cr.No.138/2023 is hereby set aside. xliii. Crl.P.No.11709/2023 - The
order dated 14.06.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.324/2023 is hereby set aside. xliv. Crl.P.No.11726/2023 - The
order dated 17.08.2023 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.401/2023 is hereby set aside. xlv. Crl.P.No.11778/2023 - The
order dated 05.01.2023 passed by the 2nd Additional Senior Civil Judge and JMFC, Chikkaballapura in Cr.No.45/2022 is hereby set aside. xlvi. Matters are remanded to the respective Jurisdictional Magistrate to reconsider the applications filed under Sections 451 and 457 of Cr.P.C. afresh, after giving the opportunity of hearing to the petitioner. xlvii. Till the applications are disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account."
7. The operative portion of the order passed in Crl.P.No.3716/2023 and connected matters reads as under:
- 13 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024
"ORDER (i) Criminal Petitions are allowed. (ii) The impugned order passed by the Trial Courts in these petitions detailed below are set- aside. SL NO CR NO. CRL.P NO. POLICE STATE COURT 1 2156/23 2438/24 North CEN PS THE 45TH ADDL. CMM, BENGALURU 2 1013/22 1378/24 Whitefield CEN PS THE I ADDL. CMM, BENGALURU 3 146/23 2058/24 East CEN PS Notice served THE 45TH ADDL.CMM, BENGALURU 4 135/23 1852/24 North East CEN P S XLV ACMM BANGALURU 5 296/23 1862/24 Whitefield CEN PS THE 1 ADDL. CMM, BENGALURU 6 789/23 1901/24 North East CEN PS THE I ADDL. CMM, BENGALURU 7 140/23 1916/24 South East CEB PS THE 45TH ADDL. CMM, BENGALURU 8 49/23 1931/24 South East CEB Police Station THE 45TH ADDL. CMM, BENGALURU 9 2030/23 2112/24 North East CEN PS THE 45TH ADDL. CMM, BENGALURU 10 94/23 2139/24 Whitefield CEN PS THE 45TH ADDL. CMM, BENGALURU
- 14 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 11 446/23 2409/24 Hulimavu PS THE 45TH ADDL. CMM, BENGALURU 12 26/23 2439/24 Cen Crime PS, Kodagu-Madikeri. THE COURT OF THE PRL. CIVIL JUDGE & JMFC., MADIKERI 13 1304/23 2669/24 South East CEB PS THE 45TH ADDL. CMM, BENGALURU 14 239/23 2710/24 East CEN PS Notice served THE 45TH ADDL. CMM, BENGALURU 15 17/23 2763/24 West CEN Crime PS Notice served THE 45TH ADDL. CMM, BENGALURU 16 1280/23 2765/24 South East CEN Crime PS THE XLV ADDL. CMM, BENGALURU 17 763/22 2768/24 Central CEN PS THE I ADDL. CMM, BENGALURU 18 262/23 2864/24 East CEN PS Notice served THE 45TH ADDL. CMM, BENGALURU 19 843/22 2945/24 East Crime PS THE 45TH ADDL. CMM, BENGALURU 20 09/19 2948/24 Cyber Crime CID Police Station, CID, Headquarters. THE I ADDL. CMM, BENGALURU 21 291/24 3040/24 South CEN Crime PS THE 45TH ADDL.
CMM, BENGALURU 22 271/23 3340/24 North East CEN PS THE 45TH ADDL. CMM, BENGALURU 23 51/24 3451/24 North CEN PS XLV ACMM BAGALURU
- 15 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 24 913/23 3508/24 South East CEN PS THE 45TH ADDL. CMM, BENGALURU 25 239/23 3838/24 East CEN PS Notice served in Fr No3928/24 THE 45TH ADDL. CMM, BENGALURU 26 23923 2192/24 East CEN Crime PS THE 45TH ADDL. CMM, BENGALURU 27 870/23 2695/24 South CEN PS THE 45TH ADDL. CMM, BENGALURU 28 929/23 2709/24 Central CEN PS THE 45TH ADDL. CMM, BENGALURU 29 1288/22 3716/23 West CEN PS THE I ADDL. CMM, BENGALURU 30 1060/23 9826/23 South CEN PS THE I ADDL. CMM, BENGALURU (iii) The Trial Courts are directed to hear the petitioner – Bank and respective respondents and thereafter dispose of the application filed by the applicants under Sections 451 and 457 of Cr.P.C. in accordance with law afresh. (iv) Till the disposal of the application by the Trial Courts, the petitioner – Bank is restrained from releasing the amounts of de-freezed accounts of accused or complying the order of the Magistrate. (v) It is made clear that this order of remand is restricted only insofar as the cases where the applicants/customers have not received the amount
- 16 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024 amount in their bank account pursuant to the impugned orders passed by the Trial Courts. (vi) The Trial Courts are directed to dispose of the application filed under Sections 451 and 457 of Cr.P.C. in the aforesaid cases within a period of one month from the date of receipt of a certified copy of this order."
8.
In view of the aforesaid facts and circumstances of the instant case and the issue in controversy involved in the present petition being directly and squarely covered by the aforesaid orders passed by the co-ordinate Benches of this Court in the aforesaid cases, I am of the view that the impugned order passed by the trial Court also deserves to be set aside by issuing certain directions in this regard. 9. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) The impugned order dated 03.08.2024 passed by the Chief Judicial Magistrate, Bengaluru Rural District in Crime No.168/2024 registered by the respondent No.1-Police is hereby set aside.
- 17 -
NC: 2025:KHC:8436 CRL.P No. 14029 of 2024
iii) The matter is remitted back to the respective jurisdictional Magistrate to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh and in accordance with law after giving sufficient and reasonable opportunity to both the parties.
iv) Till disposal of the application by the trial Court, the petitioner-bank is restrained from releasing the amounts of de-freezed accounts of accused or complying the order of the learned Magistrate. SD/- (S.R.KRISHNA KUMAR) JUDGE VM