" a) To set aside the Order Dated 23.09.2024
passed by the Hon'ble 45th Additional Chief Judicial
Magistrate, Bengaluru, in Crime No.473/2024 i.e
Annexure C in terms of which the petitioner is
directed to defreeze the current account bearing A/c
No.923020051871662 M/s. Hussain Furniture
maintained in the petitioner's Bank and transfer the
same to the account of the respondent No.2;
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b) To pass such other orders as may be deemed
expedient in the circumstance of the case and in the
interest of justice."
2. Learned counsel for the petitioner submits that
the impugned order passed by the Trial Court, directing
the petitioner-Bank to defreeze the amount belonging to
the accused and to transfer the said amount to the
Account of the second respondent, who also holds an
Account in the petitioner-Bank, is without providing
sufficient and reasonable opportunity to the petitioner and
under identical circumstances, this Court has set aside the
impugned order and remitted the matter back to the Trial
Court for reconsideration of the application filed by
respondent No.2 under Sections 451 and 457 of the
Cr.P.C.
3. In an identical circumstance, this Court, in the
case of AXIS BANK LTD. Vs. The State of Karnataka and
another in Criminal Petition No.6644/2025 disposed of
on 02.06.2025, set aside the impugned order therein and
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remitted the matter back to the Trial Court for
reconsideration afresh in accordance with law. The said
order reads as under:-
"In this petition, the petitioner seeks the following
reliefs:
"a) To set aside the order dated 16.01.2025 passed
by the Hon'ble II Additional Senior Civil Judge and
JMFC Chikkaballapura, in Crime No.94/2024 i.e.,
Annexure-C directing the Petitioners to defreeze
the Savings/current account bearing A/c.
No.923020050892332, A/c.No.922010047434860,
A/c No.919010030337161 and A/c.
No.923020049674273 maintained in the
Petitioner's Bank.
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 AGA for the respondents and perused
the material on record.
3. In addition to reiterating the various
contentions urged in the memorandum of petition
and referring to the material on record, learned
counsel for the petitioner submits that the issue in
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controversy involved in the present petition is
directly and squarely covered by the judgment of a
Co-ordinate Bench of this Court in the case of Axis
Bank Ltd., Vs. The State of Karnataka and Anr.,
Crl.P.No.1787/2023 dated 14.12.2023, and the
present petition may be disposed of in the above
terms.
4. As rightly contended by the learned
counsel for the petitioner, the issue in controversy
in the present petition is covered by the judgment
of this Court in the case of Axis Bank Ltd., Vs. The
State of Karnataka and Anr., wherein it is held as
under:
"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 across the
Country have issued directives to the
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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.
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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. Till the application is disposed of, the
petitioner/bank is restrained from releasing the
money in favour of any person from the subject
account."
5. In view of the above, the writ petition is
disposed of in terms of the order passed in the case
of Axis Bank Ltd., Vs. The State of Karnataka and
Anr.
6. Accordingly, I pass the following:
ORDER
i. Criminal Petition is allowed.
ii. The order dated 16.01.2025 passed by the II
Additional Senior Civil Judge and JMFC,
Chikkaballapura in Crime No.94/2024, is hereby set
aside.
iii. Matter is remanded to II Additional Senior Civil
Judge and JMFC, Chikkaballapura in Crime
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No.94/2024, to reconsider the application filed
under Sections 451 and 457 of Cr.P.C. afresh, after
giving the opportunity of hearing to the petitioner.
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.
Subject to the aforesaid observations and
directions, the Petition stands disposed of."
4. In view of the aforesaid facts and circumstances
and in order to provide one more opportunity to the
petitioner Bank, the impugned order is liable to be set
aside and the matter is remitted back to the Trial Court for
reconsideration afresh in accordance with law.
5. Accordingly, I pass the following:
ORDER
i. Criminal Petition is allowed.
ii. The order dated 23.09.2024 passed by the
45th Additional Chief Judicial Magistrate,
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Bengaluru, in Crime No.473/2024, is hereby set
aside.
iii. Matter is remanded to the 45th Additional
Chief Judicial Magistrate, Bengaluru, in Crime
No.473/2024, to reconsider the application filed
under Sections 451 and 457 of Cr.P.C. afresh,
after giving the opportunity of hearing to the
petitioner.
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.
Subject to the aforesaid observations and directions,
the Petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMV*
