- 1 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO. 100427 OF 2024 (397(CR.PC)/438(BNSS)) BETWEEN: AXIS BANK R/BY ITS SENIOR MANAGER CHAKRADHARPUR BRANCH, RANCHI MAIN ROAD, CHAKRADHARPUR-833201 JHARKAND, R/BY MR.BIPIN KUMAR, AGE 40 YEARS, OCC.SENIOR MANAGER, AXIS BANK, CHAKREDHARPUR BRANCH, JHARKAND-833201 …PETITIONER (BY SRI. FRAZ SYED, ADVOCATE FOR SRI. R.M. PHIRANGI, ADVOCATE) AND: 1. CEN POLICE SN DHARWAD CITY CYBER ECONOMICS AND NARCOTICS CRIME POLICE STATION, SP OFFICE COMPOUND, DHARWAD-580008, REP.BY SPP HC, DHARWAD. 2. R. SANJU S. TODALABHAGI AGE. 25 YEARS, OCC. SITE ENGINEER, KALLALLI GALLI TERDAL, Digitally signed by SAMREEN AYUB DESHNUR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 TQ.JAMAKHANDI, DIST. BAGALKOT-580001. NOW AT B GUDIHAL, TQ.KALAGHATAGI, DIST.DHARWAD-580001. …RESPONDENTS (BY SRI. PRAVEENA Y. DEVARADDIYAVAR, HCGP FOR R1; SRU, B.S. SANGATI, ADVOCATE FOR R2) THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C. (438 R/W 442 OF BNSS), PRAYING TO CALL FOR RECORDS OF TRIAL COURT AND SET ASIDE THE ORDER DATED 10.07.2024 IN CEN CRIME 32/2022 AND DIRECT THE I ADDL.JUDGE AND JMFC DHARWAD TO MODIFY THE ABOVE SAID ORDER DATED 10.07.2024, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Fraz Syed learned counsel appearing on behalf of Sri. R. M. Phirangi, learned counsel for the petitioner, Sri. Praveena Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State and Sri. B. S. Sangati, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 2. The petitioner is not a party to the proceedings in respect of the offence registered in Crime No.32/2022 by the CEN Police Station, Dharwad. 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 3.1. A complaint came to be lodged before the CEN Police Station, Dharwad, by respondent No.2 – Sri. Sanju S/o. Subhas Todalabhagi, alleging that between 07.08.2022 at 4.54 p.m. and 08.08.2022 at 17.13., some unknown persons cheated him through an online shopping transaction, resulting in a loss of Rs.64,804/- from his SBI Bank Account bearing No.34866334662. 3.2. After registering the case in Crime No.32/2022, the police conducted an investigation. During the course of investigation, the police seized an amount from the account of the accused maintained with Axis Bank. 4. Respondent No.2 herein has filed an application under Section 451 read with Section 457 of Code of - 4 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 Criminal Procedure, 19731 before the learned Trial Judge seeking release of the amount in his favour. 5. The learned Trial Judge, after considering the application, by order dated 15.07.2023 allowed the application. 6. The operative portion of the order dated 15.07.2023 reads as under: “The application filed Under Section 451 R/w. 457 of Cr.P.C. is allowed. The amount of Rs.64,804/- which is freezed by Cyber Crime Police in Dharwad CEN Crime No.32/2022, for the offences punishable U/Secs.66(C), 66(D) of I.T. Act and Section 420 of IPC and reported under P.F.No.12/2023 dated:22.02.2023 shall be released in favour of the applicant on execution of Indemnity Bond for sum of RS.64,804/- for likesum with a surety on the following conditions: 1) The applicant shall produce the amount before the Court whenever called for. 2) If the freezed amount is already released in favour of any one by virtue of the order of the any other Court before 1 For short, ‘Cr.P.C.’ - 5 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 communication of this order to the concerned bank, in such event the applicant is not entitled for release of the amount by virtue of this order. Office is directed to issue intimation to the I.O. and as well as concerned bank to make arrangements for transfer of amount to the applicant Bank Account from accused Bank Account by collecting necessary documents.” 7. Thereafter, the applicant - Axis Bank has filed an application under Section 362 of Cr.P.C., seeking vacating the order dated 15.07.2023. The learned Trial Judge rejected the said application. 8. Being aggrieved by the same, Axis Bank has preferred the present revision petition on following grounds:  “The order of the trial court is perverse in holding the Court is functus officio when admittedly it has passed an interim order for release of money and yet to pass final order under Sn 452 of CrPC at the time of disposing off the case on merits. It is only after full fledged trial, the court is empowered to pass final order for disposal of the seized amount. - 6 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024  The Trial court having passed an order under section 451 & 457 of Criminal Procedure Code for interim custody/release of Rs.64,804/- has utterly to failed to exercise its power conferred under section 362 of CrPC. The court is vested with exclusive domain and power to modify its earlier interim order.  Rejecting the application by stating the court is functus officios is shirking its power to modify its earlier interim order is nothing short of abdicating its power to modify interim order.  The trial court has conveniently erred in ignoring the express provision of section 362 of CrPC, which is reproduced below for ready reference. “Court no to alter judgment-Save as otherwise provided by this code or by any other law for the time being in force, no court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”  The trial court failed to notice that the Revision Petitioner is not empowered to adjudicate as to which order of attachment is to be accorded Priority without discrimination - 7 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 and secure complete discharge without becoming liable for prosecution.  The trial court failed to note that Revisional Petitioner in respect of competing claims is not empowered to decide the claims or ratably distribute the claim, as such power can be exercised only by court.” 9. Learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the Trial Judge committed a grave error in rejecting the application filed under Section 362 of Cr.P.C., and consequently, sought for allowing of the revision petition. 10. Per contra, learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2 support the impugned order. 11. Having heard the arguments of both sides, this Court perused the material on record meticulously. 12. On such perusal of the material on record, it is crystal clear that the order dated 15.07.2023 passed by the Trial Judge is interim in nature. The said order is subject to a condition requiring the complainant to execute an - 8 - HC-KAR NC: 2026:KHC-D:121 CRL.RP No. 100427 of 2024 indemnity bond for a sum of Rs.64,804/-, along with a surety, and to produce the released cash as and when directed by the Court. 13. In other words, until final orders are passed in respect of the crime in the said case, no rights of the parties have been finally decided. 14. Therefore, the dismissal of the application filed by the Axis Bank under Section 362 Cr.P.C., is just and proper which is not a revisable order. 15. Hence, this Court proceeds to pass the following: ORDER The Criminal Revision Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 2 SL NO.: 21