- 1 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5487 OF 2026 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, OPP SAMARTHESHWAR TEMPLE LAW GARDEN, ELLIS BRIDGE AHMEDABAD - 380 006, GUJARAT AND HAVING ONE OF ITS BRANCH OFFICE AT GROUND FLOOR, VILLAGE SAMAS PUR KHALSA NEAR PLOT NO.058 ADJACENT TO PRIMARY SCHOOL, PO UJWA NEW DELHI 110 073 REPRESENTED BY ITS BRANCH HEAD MR. SARFARAJ AMAM AGED ABOUT 38 YEARS C/O LATE MOHD NASIM KH NO. 36/3, GOLDEN ENCLAVE B BLOCK GALLI NO. 21, NAJAFGARH SOUTH WEST DELHI-110043 …PETITIONER (BY SRI: UNNIKRISHNAN M., ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 AND: 1. THE STATE OF KARNATAKA BY NORTH CEN CRIME POLICE STATION NORTH DIVISION, BANGALORE DISTRICT. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA BANGALORE 01. 2. MR. MUNISWAMY GOWDA S/O. NANJE GOWDA AGED ABOUT 74 YEARS RESIDING AT NO.07, 1ST MAIN CHOLA NAGAR, R.T.NAGAR BENGALURU 560 032. KARNATAKA …RESPONDENTS (BY SMT: SOWYMA R, HCGP FOR R1) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED UNDER SECTION 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 11.02.2026 PASSED BY THE HONBLE 45TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE, IN CRIME NO.64/2026 I.E, ANNEXURE C IN TERMS OF WHICH, THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVINGS/CURRENT ACCOUNT BEARING NO.925020029504415 MAINTAINED IN THE PETITIONERS BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2 I.E, A/C. 10977251937, STATE BANK OF INDIA, BANGALORE. THIS CRL.P IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 ORAL ORDER Heard Sri M Unnikrishnan, learned counsel appearing for the petitioner and Smt R Sowmya, learned High Court Government Pleader appearing for respondent No.1. 2. Learned counsel appearing for the petitioner submits that in all identical cases, the co-ordinate Benches have allowed the petitions and remitted the matter back to the office of the learned Magistrate to permit the petitioners to file their objections with liberty to appear and then consider applications filed under Sections 451 and 457 of Code of Criminal Procedure, 1973. 3. I deem it appropriate to quote the orders so passed in Crl.P.No.1787/2023 dated 14.12.2023: "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 complainant/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 - 4 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 across the Country have issued directives to the investigating agencies to unfreeze the bank accounts of the accused therein. 3. Learned Special Public Prosecutor 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 amount to the accounts of the complainants, is required to hear the petitioner. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. ii. The order dated 26.11.2021 passed by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.452/2021 is hereby set aside. iii. Matter is remanded to 1st Additional Chief Metropolitan Magistrate, Bengaluru to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after giving the opportunity of hearing to the petitioner. - 5 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 iv. Till the application is disposed of, the petitioner/bank is restrained from releasing the money in favour of any person from the subject account." In Crl.P.No.13487/2023 c/w. Crl.P.Nos. 10201/2023, 12091/2023, 13483/2023, 13489/2023, 13611/2023, 13627/2023, 13940/2023, 13955/2023, 98/2024, 128/2024, 356/2024, 357/2024 dated 12.02.2024: "7. Having heard the arguments of both side, perused the records. The Trial Courts have passed the impugned orders in these cases for de-freezing the accounts of the customers and releasing the amounts, without giving opportunity of hearing to the petitioner - Bank. If the orders of the Magistrate are not complied with, it amounts to violation of court order and they face contempt. Therefore, before de-freezing the accounts, it is necessary for the Trial Court to give opportunity to the petitioner of being heard in the matter and then pass appropriate orders since some of the customers do not have any amounts in their accounts and some of the customers are having lesser amount or zero balance. Hence, it is necessary for this Court to set aside the impugned orders with liberty to the petitioner to approach the various courts and after hearing the petitioner - Bank, the Courts can pass appropriate orders. 8. Accordingly, I pass the following: ORDER (i) These Criminal Petitions are allowed. (ii) The impugned orders passed by the Trial Court given in the tabular form below are hereby set aside: Sl. No. Crl. P. No. Impugned order dated Addl. Chief Metropolitan Magistrate CR. No. 1 13487/2023 17/02/2023 I A.C.M.M. 1213/2022 2 10201/2023 07/07/2023 C.J.M., BANGALORE Crl. Misc. No.177/2022 - 6 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 RURAL DIST. 3 12091/2023 05/01/2023 II Addl. Sr. Civil Judge and JMFC Chikkaballapura CR. No. 45/2022 4 13483/2023 13/10/2023 I A.C.M.M. CR. No. 200/2023 5 13489/2023 11/08/2023 I A.C.M.M. CR. No. 124/2023 6 13611/2023 30/09/2023 I A.C.M.M. CR. No. 196/2023 7 13627/2023 12/04/2023 I A.C.M.M. CR. No. 02/2023 8 13940/2023 18/07/2023 I A.C.M.M. CR. No. 1060/2022 9 13955/2023 15/08/2023 I A.C.M.M. CR. No. 05/2023 10 98/2024 08/08/2023 I A.C.M.M. CR. No. 1051/2023 11 128/2024 24/07/2023 I A.C.M.M. CR. No. 969/2022 12 356/2024 31/07/2023 C.J.M., BANGALORE RURAL DISTRICT CR. No. 197/2023 13 357/2024 07/06/2023 I A.C.M.M. CR. No. 136/2023 (iii) The Trial Court is directed to hear the petitioner and the respondents and dispose of the matters 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." 4. In the light of the orders passed by the co-ordinate Benches as quoted hereinabove, as also same was being held in other cases, I deem it appropriate to dispose of this petition. 5. It is made clear that, the petition disposed concern only accounts held by the Axis Bank and no other Bank. - 7 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 6. Learned counsel appearing for the respondent No.1 - complainant would submit that the Axis Bank did not appear before the Court despite 1, 2 or 3 notices and therefore, the Court has passed the order. 7. Nonetheless, the fact remains that the Axis Bank has not been heard in the matter. Therefore, to give one opportunity to Axis Bank, the petition is entertained and sent back to the concerned Court to hear the application filed under Sections 497 and 503 of the BNSS or 451 and 457 of the Cr.P.C. as the case would be. In the event, the petitioner - Axis Bank would not avail such opportunity of appearing before the Court on the next date when the matter is slated and they are notified, it is open to the Court to pass appropriate orders in accordance with law, qua the Axis Bank/petitioner. 8. For the aforesaid reasons, the following: ORDER a. Criminal Petition is allowed. b. The order dated 11.02.2026 passed by the 45th Additional Chief Judicial Magistrate, Bengaluru in Crime No.64 of 2026 is hereby set aside. - 8 - HC-KAR NC: 2026:KHC:20901 CRL.P No. 5487 of 2026 c. Matter is remanded to 45th Additional Chief Judicial Magistrate, Bengaluru to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after affording opportunity of hearing to the petitioner. d. Till the application is disposed of, the petitioner-Bank is restrained from releasing the money in favour of any person from the subject account. e. In the light of the issue pending for such consideration, I deem it appropriate to direct the concerned Court to dispose the application so filed under Sections 451 and 457 of Cr.P.C. as expeditiously as possible, at any rate, within eight weeks from the date of receipt of copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE BGN List No.: 2 Sl No.: 120