Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka on 2 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:18516
CRL.P No. 6656 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 6656 OF 2025 (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 - 380 006,
GUJARAT
AND HAVING ONE OF ITS BRANCH OFFICE AT
GROUND FLOOR, H.NO.129, 124 WARD NO.6,
IMMIGRATION ROAD, NEAR MATHABHANGA CHOWPATTY,
MATHABHANGA - 736 146.
REPRESENTED BY ITS BRANCH HEAD
MR. DIPANKOR BISWAS
AGED ABOUT 40 YEARS,
Digitally ALSO AT:
signed by S/O LATE BRASANTA,
CHANDANA
BM BISWAS VILLAGE, BELPUKUR,
BAIARAMPUR, MURSHIDABAD,
Location:
High Court of WEST BENGAL - 742 165.
Karnataka ...PETITIONER
(BY SMT. LAKSHMI T., ADVOCATE FOR
SRI. UNNIKRISHNAN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CENTRAL CEN CRIME POLICE STATION,
HALASURGATE SUB DIVISION,
BANGALORE CITY.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA,
BANGALORE 01.
-2-
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CRL.P No. 6656 of 2025
HC-KAR
2. C.V. SOMASEKHAR,
S/O. C.V. SUBRAMANYAN,
AGED ABOUT 44 YEARS,
RESIDING AT NO.102,
LAA CAPITOL, 4TH MAIN,
MANJUNATHNAGAR, T.C.PALYA,
MAIN ROAD, RAMAMURTHYNAGAR,
BENGALURU - 560 016.
KARNATAKA
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1
R2 - SERVICE OF NOTICE DISPENSED WITH
VIDE ORDER DATED 02.06.2025)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO SET ASIDE THE ORDER DATED 12.07.2024 PASSED BY THE
HON'BLE 45TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE
IN CR.NO.434/2024 i.e., ANNEXURE-C DIRECTING THE PETITIONER TO
DEFREEZE THE CURRENT ACCOUNT BEARING A/C NO.923020071136185
MAINTAINED IN THE PETITIONERS' BANK.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"a) To set aside the order dated 12.07.2024 passed by
the Hon'ble 45th Additional chief Judicial Magistrate,
Bangalore, in Crime No.434/2024 i.e., Annexure-C
directing the Petitioner to defreeze the current
account bearing A/c. No.923020071136185
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."
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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
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., 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
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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. 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
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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. 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.
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ii. The order dated 12.07.2024 passed
by the 45th Additional Chief Judicial
Magistrate, Bengaluru in Crime
N o . 4 3 4 / 2 0 2 4 is hereby set aside.
iii. 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 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
MDS
