Criminal Petition No. 6644 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18515 CRL.P No. 6644 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. 6644 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. 2. 3. 4. Digitally signed by CHANDANA B M Location: High Court of Karnataka 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 SCIENTIFIC CLOCK MFG. C/O DR. TAKHATSINGHJI MAIN ROAD, NEAR OLD MAHAJAN CHOWK, MORBI – 363 641. RAJKOT DISTRICT, GUJARAT. AXIS BANK LTD., 36, SYD AMIR ALI AVENUE, OPP. QUEST MALL, PARK CIRCUS, KOLKATA – 700 017.
Facts
AXIS BANK LTD., GROUND FLOOR AND FIRST FLOOR, PLOT NO.170, POCKET: F22, SECTOR 3, ROHINI, DELHI – 110 085. AXIS BANK LTD., NO.16 RNMUKHEJEE ROAD, BESIDE BANDHANBANK SB MANSION, GROUND FLOOR, GOP HARE STREET, KOLKATA – 700 001 - 2 - NC: 2025:KHC:18515 CRL.P No. 6644 of 2025 HC-KAR
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 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 * Inserted and Corrected vide Chamber order dated 25.06.2025 - 5 - NC: 2025:KHC:18515 CRL.P No. 6644 of 2025 HC-KAR 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:
Arguments
REPRESENTED BY ITS BRANCH HEAD, MR. VIKAS BASSI, AGED ABOUT 40 YEARS, ALSO AT S/O RAJESHWAR KUMAR BASSI, H. NO.AP 79, SHALIMAR BAGH, SARASWATHI VIHAR, NORTH WEST DELHI, DELHI – 110 088. (BY SMT. LAKSHMI T., ADVOCATE FOR SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. 2. THE STATE OF KARNATAKA, CEN CRIME POLICE STATION, CHIKKABALLAPRUA DIVISION, CHIKKABALLAPURA. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001 A S VATHSALA, W/O S. SURESH BABU, AGED ABOUT 55 YEARS, R/AT 22/23, WARD NO.6, BEHIND MUNICIPAL COLLEGE, 2ND CROSS, SHETTYHALLI LAYOUT, CHIKKABALLAPURA DISTRICT …PETITIONERS (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 16.01.2025 PASSED BY THE HON’BLE II ADDL. SENIR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, IN CR.NO.94/2024 i.e., ANNEXURE-C DIRECTING THE PETITIONERS TO / CURRENT ACCOUNT BEARING A/C DEFREEZE THE SAVINGS NO.923020050892332, A/C NO.922010047434860, NO.919010030337161 AND A/C NO.92302009674273 MAINTAINED IN THE PETITIONER’S BANK. A/C THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:18515 CRL.P No. 6644 of 2025 HC-KAR 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 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 controversy involved in the present petition is directly and squarely covered by the judgment of a Co-ordinate Bench of this Court in - 4 - NC: 2025:KHC:18515 CRL.P No. 6644 of 2025 HC-KAR 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. - 6 - NC: 2025:KHC:18515 CRL.P No. 6644 of 2025 HC-KAR 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. ii. Criminal Petition is allowed. 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 No.94/2024 to reconsider the application filed under * Deleted and Corrected vide Chamber order dated: 25.06.2025. - 7 - NC: 2025:KHC:18515 CRL.P No. 6644 of 2025 HC-KAR 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.: 67