Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka on 17 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:20849
CRL.P No. 8127 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.8127 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. OPP SAMARTHESHWAR TEMPLE.
LAW GARDEN. ELLIS BRIDGE.
AHMEDABAD - 380 006.
GUJARAT
AND HAVING ONE OF ITS BRANCH
OFFICE AT SRI.RAMSAI GAYATHRI ARCADE.
48-6-20, SRI NAGAR
VISAKHAPATNAM 530 013.
REPRESENTED BY ITS BRANCH HEAD,
Digitally MR.KORLEPARA KISHORE
signed by
CHANDANA AGED ABOUT 45 YEARS,
BM
Location:
High Court ALSO AT
of Karnataka C/O KORLEPARA ANJANEYULU LATE
FLAT NO.301, SAI GAYATHRI ENCLAVE
TPT COLONY, SEETHAMMADHARA,
PO P ANDT COLONY
VISAKHPATNAM
ANDHRA PRADESH -530 013
...PETITIONER
(BY SRI.UNNIKRISHNAN M., ADVOCATE)
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CRL.P No. 8127 of 2025
HC-KAR
AND:
1. THE STATE OF KARNATAKA
BY NORTH EAST CEN CRIME POLICE STATION
DCP NORTH EAST DIVISION
BENGALURU.
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA.
BENGALURU - 01.
2. SRI.LOURD ANTHONY LOUIS.
S/O. ANTHONY.
AGED ABOUT 68 YEARS
R/ AT NO.156.
2ND CROSS, KUVEMPU LAYOUT,
KOTHANUR.
BENGALURU.
KARNATAKA-560 077.
...RESPONDENTS
(BY SRI.NAGESHWARAPPA K., HCGP FOR R-1)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO SET ASIDE THE ORDER DATED 30.11.2024 PASSED
BY THE HONB'LE COURT OF THE 45TH ACJM, BENGALURU IN
CR.NO.875/2024 I.E ANNEXURE C IN TERMS OF WHICH, THE
PETITIONER IS DIRECTED TO DEFREEZE THE CURRENT
ACCOUNT BEARING A/C NO.920020057884517 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:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
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CRL.P No. 8127 of 2025
HC-KAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
"a) To set-aside the Order, Dated 30.11.2024 passed by the
Hon'ble Court of the 45th Additional Chief Judicial
Magistrate, Bengaluru, in Crime No.875/2024 i.e.,
Annexure-'C' in terms of which, the petitioner is directed
to defreeze the current account bearing A/c.
No.920020057884517 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 1st respondent 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 the 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.
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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. Supra,
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 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
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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. Till the application is disposed of, the
petitioner/bank is restrained from releasing the money
in favour of any person from the subject account."
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5. In view of the above, petition is disposed of in terms of
the order passed in Axis Bank Ltd.'s case supra.
6. Accordingly, I pass the following:
ORDER
(i) Petition is hereby allowed.
(ii) The order dated 30.11.2024 passed by the 45th ACJM,
Bangalore, in Crime No.875/2024 is hereby set aside.
(iii) Matter is remitted back to the 45th ACJM, Bangalore, to
reconsider the application filed under Sections 451 and 457 of
Cr.P.C. afresh, after giving a n 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
BMC
