Criminal Petition No. 7987 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20401 CRL.P No. 7987 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7987 OF 2025 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 BEAUMONDE CO-OP. HOUSING SOCIETY. SUNDER NAGAR, PLOT NO.1, S.V.ROAD, MALAD (WEST), MUMBAI, MAHARASTRA 400 064. REPRESENTED BY ITS BRANCH HEAD, MR. RAJARSHEE SANKAR MAITRA AGED ABOUT 47 YEARS, ALSO AT: S/O SANKAR MAITRA, ROOM NO, P-3/1 DEEP SADAN CHS LTD. S.V. ROAD, NEAR DALMILA, COLLAGE, SUNDER NAGAR, MALAD WEST, MUMBAI MAHARASHTRA-400 064 (BY SRI. UNNIKRISHNAN M, ADVOCATE) …PETITIONER Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:20401 CRL.P No. 7987 of 2025 HC-KAR AND: 1. THE STATE OF KARNATAKA BY
Facts
NORTH CEN CRIME POLICE STATION, NORTH DIVISION, BANGALORE CITY. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE 01. 2. DEEPAK KUMAR.Y. S/. K. YATHIRAJU. AGED ABOUT 31 YEARS, RESIDING AT NO.16. 8TH MAIN. 9th CROSS, SBM COLONY, BRINDAVAN NAGAR, MATHIKERE, BENGALURU 560 054. KARNATAKA
Legal Reasoning
Co-ordinate Bench of this Court in the case of Axis Bank Ltd., Vs. The State of Karnataka and Anr. – - 4 - NC: 2025:KHC:20401 CRL.P No. 7987 of 2025 HC-KAR 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. 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. - 5 - NC: 2025:KHC:20401 CRL.P No. 7987 of 2025 HC-KAR 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. 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
(BY SRI. NAGESHWARAPPA K, HCGP FOR R1) …RESPONDENTS THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 30.10.2024 PASSED BY THE HON'BLE 45TH A.C.J.M BENGALURU IN CR.NO.932/2024 I.E ANNEXURE-C DIRECTING THE PETITIONER TO DEFREEZE THE CURRENT ACCOUNT BEARING NO.923020020238597 MAINTAINED IN THE PETITIONER BANK. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:20401 CRL.P No. 7987 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: 30.10.2024 passed by the Hon’ble 45th Additional chief Judicial Magistrate, Bangalore, in Crime No.932/2024 i.e., Annexure-C directing the Petitioner to defreeze the current account bearing No.923020020238597 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 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 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
Decision
ORDER Criminal Petition is allowed. The order dated 26.11.2021 passed - 6 - NC: 2025:KHC:20401 CRL.P No. 7987 of 2025 HC-KAR by the 1st Additional Chief Metropolitan Magistrate, Bengaluru in Cr.No.452/2021 is hereby set aside. 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. 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 liable to be disposed of in terms of the order passed in the case of Axis Bank Ltd. supra. 6. Accordingly, I pass the following: ORDER The petition is hereby allowed. The order dated 30.10.2024 passed by the 45th Additional Chief Judicial Magistrate, Bangalore in Crime No.932/2024, is hereby set aside. - 7 - NC: 2025:KHC:20401 CRL.P No. 7987 of 2025 HC-KAR Matter is remanded to 45th Additional Chief Judicial Magistrate, Bangalore to reconsider the application filed under Sections 451 and 457 of Cr.P.C. afresh, after giving the opportunity of hearing to the petitioner. 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 VM List No.: 3 Sl No.: 37