Karnataka High Court
Axis Bank Ltd vs The State Of Karnataka on 24 June, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:22217
CRL.P No. 8489 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.8489 OF 2025 (482(Cr.PC)/528(BNSS))
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 25
SRINAGAR MAIN ROAD
NEW GARIA, SOUTH 24 PARGANAS
Digitally
signed by H KOLKATA
K HEMA WEST BENGAL-700 094
Location:
HIGH REPRESENTED BY ITS BRANCH HEAD
COURT OF
KARNATAKA MR. SAUREN SAHA
AGED ABOUT 50 YEARS
ALSO AT URBAN SABU JAYAN
1ST FLOOR, FLAT-1, PLOT NO.62
JAGATIPOTA MUKUNDAPUR
SANAPURA, SOUTH 24, PARGANAS
WEST BENGAL-700 099.
...PETITIONER
(BY SRI. M. UNNIKRISHNAN, ADVOCATE)
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CRL.P No. 8489 of 2025
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AND:
1. THE STATE OF KARNATAKA
BY KONANKUNTE POLICE STATION
SUBRAMANYAPURA SUB-DIVISION
BANGALORE DISTRICT
REPRESENTED BY SPP
HON'BLE HIGH COURT OF KARNATAKA
BANGALORE-01.
2. SMT. VARALAKSHMI
W/O. MADHUSUDAN
AGED ABOUT 42 YEARS
RESIDING AT HOUSE NO.424
5TH CROSS, NEAR MARAMMA TEMPLE
HARINAGAR, KOTTANOOR MAIN ROAD
BENGALURU CITY, KARNATAKA-560 062.
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R.1;
R.2: NOTICE IS DISPENSED WITH VIDE
COURT ORDER DATED 24.06.2025.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 29.06.2024
PASSED BY THE HON'BLE COURT OF THE 30TH ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, BENGALURU IN CRIME NO.197/2024 i.e.,
ANNEXURE-C IN TERMS OF WHICH THE PETITIONER IS DIRECTED
TO DEFREEZE THE SAVINGS/CURRENT ACCOUNT BEARING
A/C.NO.924010025727616 MAINTAINED IN THE PETITIONER'S BANK
AND TRANSFER THE SAME TO THE ACCOUNT OF THE
RESPONDENT NO.2, ETC.
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. 8489 of 2025
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ORAL ORDER
In this petition, the petitioner has sought for the following
reliefs:
"a) To set-aside the Order, Dated: 29.06.2024
passed by The Hon'ble Court of the 30th
Additional Chief Judicial Magistrate,
Bengaluru, in Crime No.197/2024 i.e.,
ANNEXURE 'C' in terms of which, the
Petitioner is directed to defreeze the
Savings / current account bearing A/c.
No.924010025727616 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 respondent No.1 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
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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.
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.
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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
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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."
5. In view of the above, the petition is disposed of in
terms of the order passed in the case of Axis Bank Ltd. supra.
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6. Accordingly, I pass the following:
ORDER
i. The petition is hereby allowed.
ii. The order dated 29.06.2024 passed
by the XXX Additional Chief Judicial
Magistrate, Bengaluru in Crime
No.197/2024 is hereby set aside.
iii. Matter is remanded to XXX 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
hkh.
