Criminal Petition No. 6656 of 2025 · The High Court
Case Details
- 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. Digitally signed by CHANDANA B M Location: High Court of Karnataka REPRESENTED BY ITS BRANCH HEAD MR. DIPANKOR BISWAS AGED ABOUT 40 YEARS, ALSO AT: S/O LATE BRASANTA, BISWAS VILLAGE, BELPUKUR, BAIARAMPUR, MURSHIDABAD, WEST BENGAL – 742 165. (BY SMT. LAKSHMI T., ADVOCATE FOR SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1.
Facts
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. …PETITIONER - 2 - NC: 2025:KHC:18516 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
Legal Reasoning
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 * Inserted and Corrected vide Chamber order dated: 25.06.2025. - 4 - NC: 2025:KHC:18516 CRL.P No. 6656 of 2025 HC-KAR 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 - 5 - NC: 2025:KHC:18516 CRL.P No. 6656 of 2025 HC-KAR the complainants, is required to hear the petitioner. Accordingly, I pass the following:
Arguments
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 R2 – SERVICE OF NOTICE DISPENSED WITH VIDE ORDER DATED 02.06.2025) …RESPONDENTS 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.” - 3 - NC: 2025:KHC:18516 CRL.P No. 6656 of 2025 HC-KAR 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. * 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
Decision
ORDER i. ii. Criminal Petition is allowed. 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. 6. Accordingly, I pass the following: ORDER i. Criminal Petition is allowed. * Deleted and Corrected vide Chamber order dated: 25.06.2025. - 6 - NC: 2025:KHC:18516 CRL.P No. 6656 of 2025 HC-KAR ii. by The order dated 12.07.2024 passed the 45th Additional Chief Judicial Magistrate, Bengaluru in C r i m e 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 List No.: 1 Sl No.: 21